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Democrats Impeach Supreme Court Justice?

Democrats have been itching to find anything they can to take back control of the Supreme Court.

A petition demanding that Supreme Court Justices Samuel Alito and Clarence Thomas recuse themselves from key cases related to the January 6, 2021, Capitol attack has garnered 50,000 signatures. MoveOn initiated the petition following a report by The New York Times, which revealed that an upside-down flag—a symbol linked to former President Trump’s allegedly false claims of election interference—was displayed outside Alito’s home in January 2021.

The New York Times published a photograph showing the flag at Alito’s residence in Alexandria, Virginia, on January 17, shortly after Trump’s supporters stormed the Capitol to obstruct the certification of Joe Biden’s election victory. Alito explained that the flag was briefly placed there by his wife during a dispute with neighbors.

This revelation has sparked concerns about Justice Alito’s ability to remain impartial as the Supreme Court deliberates on two significant cases related to the Capitol riot: one involving charges against the rioters and another considering Trump’s potential immunity from prosecution over election interference allegations.

Simultaneously, Justice Thomas has faced calls to recuse himself from cases pertaining to the 2020 election, particularly given his wife, Ginni Thomas’s involvement in urging Trump officials and lawmakers to overturn the election results.

The MoveOn petition asserts that Alito must be held accountable for this perceived ethical breach. It calls for his immediate recusal or removal by Chief Justice John Roberts and demands a swift investigation by the Senate Judiciary Committee into conflicts of interest.

Launched on Friday, the petition quickly surpassed 50,000 signatures by Monday morning. It criticizes the perceived partisanship and partiality of conservative Supreme Court justices concerning Trump’s election cases, noting a significant decline in public trust towards the institution.

Rahna Epting, MoveOn’s political action executive director, stated that for any semblance of fairness in hearings on Trump’s claims of immunity, Justices Alito and Thomas must recuse themselves or be removed by Chief Justice Roberts. She emphasized that the Supreme Court’s public approval has plummeted, with many viewing it as a tool of a partisan right-wing agenda. Epting pointed out that this perceived bias has led to controversial decisions undermining abortion rights, environmental regulations, and favoring corporations and billionaires.

The petition also calls on the Senate Judiciary Committee to investigate these conflicts of interest and consider measures to hold justices accountable, including impeachment. Epting stressed that the country and its democracy deserve better.

Senator Dick Durbin of Illinois, who chairs the Senate Judiciary Committee, has echoed the call for Alito to recuse himself from cases related to the 2020 election and the Capitol attack. He pointed out that the display of an upside-down flag, associated with the “Stop the Steal” movement, clearly indicates a potential bias.

Durbin has also called for the Supreme Court to adopt a binding code of ethics. He emphasized that the Court faces an ethical crisis and that Justice Alito and his colleagues should strive to regain public trust. Although the Court adopted a code of ethics in November last year, it currently lacks an enforcement mechanism.