# Apparently justice Alito is sympathetic to the January 6 rioters

**URL:** <https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743>\
**Category:** Politics & Elections\
**Created:** [May 18, 2024, 5:46pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743 "2024-05-18T17:46:41Z")\
**Posts on this page:** 20\
**Page:** 5

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**Author:** ![Superdude](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/superdude/32/13450_2.png) [@Superdude](https://boards.straightdope.com/u/Superdude)\
**Post date:** [May 30, 2024, 8:55am UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/81 "2024-05-30T08:55:56Z")

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Representative Jamie Raskin thinks that recusal [can be forced](https://thehill.com/homenews/house/4692965-raskin-argues-doj-can-force-recusals-of-alito-thomas-in-jan-6-cases/).

Per Raskin,

> [@](#):
>
> “The Justice Department and Attorney General Merrick Garland can invoke two powerful textual authorities for this motion: the Constitution of the United States, specifically the due process clause, and the federal statute mandating judicial disqualification for questionable impartiality, 28 U.S.C. Section 455,”

No word on what the chances of that succeeding are, but my guess is not very high.

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**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\
**Post date:** [May 30, 2024, 9:16am UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/82 "2024-05-30T09:16:34Z")

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> [@Superdude](#):
>
> Representative Jamie Raskin thinks that recusal [can be forced](https://thehill.com/homenews/house/4692965-raskin-argues-doj-can-force-recusals-of-alito-thomas-in-jan-6-cases/).

Gift link to NYTimes:

> **[Opinion | Jamie Raskin: If Justices Alito and Thomas Won’t Recuse Themselves,...](https://www.nytimes.com/2024/05/29/opinion/alito-thomas-recuse-trump-jan-6.html?unlocked_article_code=1.v00.x8sF.5E06dWGg_A_d&smid=url-share)**
>
> Can they really decide for themselves whether they can be impartial?

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**Author:** ![HMS\_Irruncible](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hms_irruncible/32/7394_2.png) [@HMS\_Irruncible](https://boards.straightdope.com/u/HMS_Irruncible)\
**Post date:** [May 30, 2024, 9:35am UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/83 "2024-05-30T09:35:09Z")

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Returning to the prediction here:

> [@HMS\_Irruncible](#):
>
> In before “oh I guess you just don’t want SCOTUS justices’ wives’ not have opinions or jobs or hobbies and just sit at home indoors locked in a crate all day”. It’s coming.

> [@needscoffee](#):
>
> Has anyone on the board ever posted this?

Sam Alito notified Congress thusly:

> [@](#):
>
> My wife is an independently minded private citizen. She makes her own decisions, and I honor her right to do so. Our vacation home was purchased with money she inherited in her parents and is titled in her name. It is a place, far away from Washington, where she should be able to relax.

It’s the most bog-standard predictable excuse at this point, I’m actually surprised that only Alito and Thomas have done this kind of spouse-trolling. Just an absolute bottomless ethical void.

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**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\
**Post date:** [May 30, 2024, 9:39am UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/84 "2024-05-30T09:39:25Z")

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> [@HMS\_Irruncible](#):
>
> Returning to the prediction here:
> 
> > [@HMS\_Irruncible](#):
> >
> > In before “oh I guess you just don’t want SCOTUS justices’ wives’ not have opinions or jobs or hobbies and just sit at home indoors locked in a crate all day”. It’s coming.

I thought you were claiming that people _on this board_ would defend her right to have hobbies.

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**Author:** ![HMS\_Irruncible](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hms_irruncible/32/7394_2.png) [@HMS\_Irruncible](https://boards.straightdope.com/u/HMS_Irruncible)\
**Post date:** [May 30, 2024, 9:42am UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/85 "2024-05-30T09:42:23Z")

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> [@needscoffee](#):
>
> I thought you were claiming that people _on this board_ would defend her right to have hobbies.

Oh, it’s absolutely both.

> [@Spouses of Judges](https://boards.straightdope.com/t/spouses-of-judges/961119/10):
>
> I don’t even understand the nature of the question. Is Clarence supposed to be the “head” of the house and “direct” his wife to do or not do certain things? The assumption in the question seems to be antiquated. His wife is her own person. He doesn’t control her. If she makes her own choice, why is that imputed to him anymore than what I do is imputed to my wife?

Though of course some of the individuals in that thread are now banned, this is obviously the Republican party line, which is why it shows up everywhere.

Another gem from that thread:

> [@](#):
>
> Under the standard you propose, the wife of a judge must be a good little woman and keep her opinions to herself lest it create a situation where her husband cannot be a judge. Again, Ginny Thomas is not Clarence’s mouthpiece. She is her own person who is allowed to have her own, even if nuttery, political opinions, and she can rant to her husband about them and her husband has no “duty” to correct or chastise her about them.

If we haven’t heard it yet, it’s because those usual suspects have been banned, but I’m sure it will start cropping up again now that it’s coming directly from Alito.

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**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\
**Post date:** [May 30, 2024, 9:58am UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/86 "2024-05-30T09:58:21Z")

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Interesting read, my thanks. In addition to the compelling analysis (to me, anyway), the umpire analogies at the end were spot on to this baseball nut.

Yeah, in either of those scenarios, the umpires would be removed, and no one would question the wisdom. An umpire flies a pennant for one of the World Series teams in his front yard? He ain’t gonna have any involvement in that series, and rightly so.

The money quote: Justice Felix Frankfurter stated, “justice must satisfy the appearance of justice.” Even the appearance of bias must lead to recusal, even if the Justices’ hearts are pure and their motives noble. Which, of course, we can be certain is the case with Alito and Thomas. 🤮

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**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\
**Post date:** [May 30, 2024, 12:29pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/87 "2024-05-30T12:29:28Z")

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“Justice Thomas and I have absolutely no control whatsoever over our wives’ actions, but rest assured: after _Dobbs_, we _own_ the women in _your_ lives.”

[Alito didn’t say this … exactly]

“Far-fetched” isn’t a good enough word. Neither is ‘risible.’

In a relationship grounded in mutual respect and support, you’d think that ‘source of funds’ and ‘how the house is Titled’ wouldn’t be the deciding factors in whether or not you take an action _metaphysically certain_ to rain a shitstorm down on your spouse.

Particularly because of petty squabbles with neighbors.

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**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\
**Post date:** [May 30, 2024, 1:00pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/88 "2024-05-30T13:00:51Z")

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And _especially_ when the neighbors are the ones who are right.

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [May 30, 2024, 2:10pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/89 "2024-05-30T14:10:55Z")

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> [@DavidNRockies](#):
>
> In a relationship grounded in mutual respect and support, you’d think that ‘source of funds’ and ‘how the house is Titled’ wouldn’t be the deciding factors in whether or not you take an action _metaphysically certain_ to rain a shitstorm down on your spouse.

In such a relationship each person would have an agreement not to do things that would destroy their spouse’s career. That’s not subservience, that’s a partnership.

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [May 30, 2024, 4:49pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/90 "2024-05-30T16:49:23Z")

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Has anyone suggested just cutting out the middle man, and putting Alito’s wife on the court?

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**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\
**Post date:** [May 30, 2024, 4:53pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/91 "2024-05-30T16:53:51Z")

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Alito already asked her, she said no.

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**Author:** ![OttoDaFe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ottodafe/32/356_2.png) [@OttoDaFe](https://boards.straightdope.com/u/OttoDaFe)\
**Post date:** [May 30, 2024, 5:29pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/92 "2024-05-30T17:29:52Z")

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I’m hazy on the details, but I seem to recall a great disturbance in the ~~Force~~ right-wing blogosphere over a comment by Hillary Clinton to the effect that the country was getting a “package deal” by electing her husband. Something along the lines that she was declaring herself “co-President” or some such.

But I guess — as in so many other things — if you’re a conservative, “co-Supreme Court Justice” is perfectly cromulent.

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**Author:** ![Jihi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jihi/32/17768_2.png) [@Jihi](https://boards.straightdope.com/u/Jihi)\
**Post date:** [May 30, 2024, 6:30pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/93 "2024-05-30T18:30:08Z")

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I find it, (hilarious, disgusting, hypocritical, all of the above) that Alito will apparently trust his wife to hang a flag in their yard, but he won’t trust her enough to make her own healthcare decisions. Republican priorities.

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**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\
**Post date:** [May 30, 2024, 6:30pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/94 "2024-05-30T18:30:30Z")

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> [@JohnT](#):
>
> “Sir. There’s another Alito flag.”
> 
> [Bush, 911 | JohnT\_15 | Flickr](https://flic.kr/p/2pSNy64)
> 
> [x.com](https://twitter.com/yashar/status/1793387343849939317?t=YzTnbUdqCqzg-M5PlniSRA&s=19)
> 
> Man, it’s almost like the guy saying Trump can’t be prosecuted for the insurrection was in favor of the insurrection. 🤔
> 
> [https://www.nytimes.com/2024/05/22/us/justice-alito-flag-appeal-to-heaven.html](https://www.nytimes.com/2024/05/22/us/justice-alito-flag-appeal-to-heaven.html)

Another “Appeal to Heaven” flag has been spotted, flying (for decades, apparently) outside of city hall…in San Francisco. I can see the 2028 Democratic primary campaign attack ads now: “When he was San Francisco mayor, Governor Newsom let the Appeal to Heaven flag fly outside of city hall.”

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**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\
**Post date:** [May 30, 2024, 7:55pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/95 "2024-05-30T19:55:04Z")

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Just a couple of links, for those of you who are interested. The first give a little more detail about the “neighborhood spat”, and the second recounts what was said about Alito when he was nominated.

> **[The Alitos, the Neighborhood Clash and the Upside-Down Flag](https://www.yahoo.com/news/alitos-neighborhood-clash-upside-down-113559718.html?guccounter=1)**
>
> The police in Fairfax County, Virginia, received an unusual phone call on Feb. 15, 2021. A young couple claimed they were being harassed by the wife of a Supreme Court justice. “Somebody in a position of authority needs to talk to her and make her...

> **[Ted Kennedy Warned Us About Samuel Alito. He Was Ignored.](https://newrepublic.com/article/181959/ted-kennedy-samuel-alito-nomination-warning)**
>
> The Supreme Court justice’s flag controversy should come as no surprise to anyone who paid attention to his nomination hearings in 2006.

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**Author:** ![CalMeacham](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/calmeacham/32/35_2.png) [@CalMeacham](https://boards.straightdope.com/u/CalMeacham)\
**Post date:** [May 30, 2024, 8:00pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/96 "2024-05-30T20:00:10Z")

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> [@Jihi](#):
>
> First I apologize for putting this thought in everyone’s heads, but if we had nine Alitos on the court I think we might very well be living under a God-Emperor Trump right now.

Our only hope would be if the bridge he was crossing the Hudson on broke and he fell into the water, dissolving into a swarm of orange TrumpTrout.

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**Author:** ![Superdude](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/superdude/32/13450_2.png) [@Superdude](https://boards.straightdope.com/u/Superdude)\
**Post date:** [May 30, 2024, 8:27pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/97 "2024-05-30T20:27:35Z")

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> [@Jihi](#):
>
> I find it, (hilarious, disgusting, hypocritical, all of the above) that Alito will apparently trust his wife to hang a flag in their yard, but he won’t trust her enough to make her own healthcare decisions. Republican priorities.

Beautifully said. May I steal it?

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**Author:** ![Jihi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jihi/32/17768_2.png) [@Jihi](https://boards.straightdope.com/u/Jihi)\
**Post date:** [May 30, 2024, 8:30pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/98 "2024-05-30T20:30:00Z")

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By all means.

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**Author:** ![Buck\_Godot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/buck_godot/32/6573_2.png) [@Buck\_Godot](https://boards.straightdope.com/u/Buck_Godot)\
**Post date:** [May 31, 2024, 12:52am UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/99 "2024-05-31T00:52:35Z")

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A nice idea but I doubt it would work and would in all likelihood backfire. Overall the justices seem to go out of their way to protect their own. None of them have called out either Alito or Thomas for their shenanigans, so they are unlikely to decide against them. Even if it came down to a conservative vs Liberal split, the conservatives would have a 4/3 majority, so Alito and Thomas would get off.

Meanwhile, Garland taking a part in this would increase the appearance that the whole thing was partisan, making Trump more powerful while at the same time pissing off the court making it more likely to find in favor of him.

I think the best thing you can do is launch a Congressional inquiry into the court’s corruption (assuming that the justices don’t rule such a subpoena unconstitutional) and shame them for political capital which could conceivably be used to pack the court.

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [June 2, 2024, 7:29am UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/100 "2024-06-02T07:29:49Z")

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I should have seen this coming:

> **[Trump fans turn US flags upside down to protest former president’s conviction...](https://edition.cnn.com/2024/06/01/politics/upside-down-flags-trump-conviction/index.html)**
>
> Hanging the United States flag upside down, a move that is supposed to signal distress and that has ensnared Supreme Court Justice Samuel Alito in controversy, is now being practiced by supporters of Donald Trump to protest the former president’s...

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