Jamie Raskin | How to Force Justices Alito and Thomas to Recuse Themselves in the Jan. 6 Cases - The New York Times

Opinion | How to Force Justices Alito and Thomas to Recuse Themselves in the Jan. 6 Cases - The New York Times

By Jamie Raskin

Mr. Raskin represents Maryland’s Eighth Congressional District in the House of Representatives. He taught constitutional law for more than 25 years and was the lead prosecutor in the second impeachment trial of Donald Trump.

Many people have gloomily accepted the conventional wisdom that because there is no binding Supreme Court ethics code, there is no way to force Associate Justices Samuel Alito and Clarence Thomas to recuse themselves from the Jan. 6 cases that are before the court.

Justices Alito and Thomas are probably making the same assumption.

But all of them are wrong.

It seems unfathomable that the two justices could get away with deciding for themselves whether they can be impartial in ruling on cases affecting Donald Trump’s liability for crimes he is accused of committing on Jan. 6. Justice Thomas’s wife, Ginni Thomas, was deeply involved in the Jan. 6 “stop the steal” movement. Above the Virginia home of Justice Alito and his wife, Martha-Ann Alito, flew an upside-down American flag — a strong political statement among the people who stormed the Capitol. Above the Alitos’ beach home in New Jersey flew another flag that has been adopted by groups opposed to President Biden.