As TNR’s Matt Ford wrote earlier this week, “The revelation casts doubt on whether Alito can ethically decide cases related to the January 6, 2021, attack on the Capitol. Multiple such cases are pending before the court, including one on whether Donald Trump himself is immune from prosecution for his role in the coup attempt.”
Cohen’s statement echoes that of a conservative member in the upper chamber, Senator Lindsey Graham, who said the flag choice was “not good judgment.” But not all GOP lawmakers felt similarly. On Tuesday, Senate Minority Leader Mitch McConnell brushed off a question about Alito’s behavior, telling reporters that the country needs to “leave the Supreme Court alone.”
No doubt Alito feels the same. “Alito doesn’t care,” Ford wrote. “He abides by judicial ethics requirements, and the general principle that judges should appear to be impartial and nonpartisan, only to the degree that they suit his own preferences.”
