Senate Minority Leader Mitch McConnell, R-KY.suggested that Democratic lawmakers may have committed ethical violations when they sought to recuse themselves from a Supreme Court hearing after reports emerged that flags had been flown at Justice Samuel Alito’s home.
The Republican leader claimed in a speech on the floor Wednesday that Senators Richard Blumenthal, D-Conn., and Sheldon Whitehouse, D-R.I., “potentially committed unethical professional conduct before the Court.” Both are members of the Senate Judiciary Committee.
“Three of our colleagues have written to the Chief Justice asking that Justice Alito be recused from cases,” he said. “One even told the Chief that he should strip Justices Alito and (Clarence) Thomas of the ability to write majority opinions unless they recuse themselves from cases that liberals do not want to hear.”
“This is far more than the standard abusive bullying tactics adopted by my Democratic colleagues,” he said.
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Minority Leader Mitch McConnell (center) accused Senators Richard Blumenthal (right) and Sheldon Whitehouse of violating ethical standards by communicating privately with the Supreme Court. (Getty Images)
“These senators are privately asking the chief justice to change the direction of the pending trial,” McConnell said, adding that this is a “one-sided conversation.” He said such communication is against the American Bar Association’s code of conduct.
McConnell said this is an ethical issue because both Blumenthal and Whitehouse appear to be members of the Supreme Court bar. Admission to the bar is required for any lawyer to argue before the Court. Both senators have argued cases before the Supreme Court before their election to the Senate.
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Senator Dick Durbin (right) requested a meeting with Chief Justice John Roberts to ensure that Justice Samuel Alito (left) recuses himself from election-related cases. (Getty Images)
“They are officers of the court and bound by different rules than senators,” he explained.
According to McConnell, the unilateral communication that senators have engaged in through letters rises to the level of conduct that would be considered “inappropriate” and perhaps even result in disciplinary action.
“I may suggest to my colleagues that unethical ex parte communications intended to alter the course of pending litigation is conduct that the Court should take any corrective action it deems appropriate,” the minority leader said.
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Democrats have targeted both Justice Samuel Alito and Justice Clarence Thomas and have asked them to recuse themselves from the case. (Jacqueline Martin-Pool/Getty Images)
He further said that The big issue of politicisation Ethics among lawyers was emphasized, but it was reiterated that it is entirely the jurisdiction of the Court to ensure the ethics of its own people.
“We don’t need to appeal to heaven to solve this problem. We simply need the Supreme Court to have the power to regulate the ethical practice of the law among members of its bar,” he said, referring to the phrase on a historic flag at Alito’s beach house that reads, “Appeal to Heaven.”
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Supreme Court building in Washington DC (AP Photo/J. Scott Applewhite, File)
After multiple reports of a flag flying upside down for some time at Alito’s Virginia home and his vacation home, Democratic lawmakers immediately called on the conservative judge to recuse himself from cases related to the 2020 election. This comes as the court has yet to rule on former President Trump’s immunity claim in a case over federal election interference, and Alito’s vote could potentially decide the case one way or the other.
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Those making such calls also included the Senate Judiciary President Dick DurbinD-Ill., along with Blumenthal and Whitehouse. Durbin and Whitehouse asked to meet with Roberts to ensure Alito’s recusation from the case, while Blumenthal asked Roberts in his letter “not to grant opinions or circuit judgeships to Justices Sam Alito or Clarence Thomas if they refuse to recuse themselves from cases related to January 6 and the ‘Stop the Steal’ movement.”
Neither Blumenthal nor Whitehouse’s office provided immediate comment to Fox News Digital.
