Recorded by a liberal filmmaker, the audio shows how hardball political tactics have landed at the court
Already facing criticism for politically-charged flags seen flying at his homes, Supreme Court Justice Samuel A. Alito came under fresh scrutiny Monday following an unusual sting operation in which he appears to have been secretly recorded discussing America’s political divide.
“I think you’re probably right,” Alito replied. “On one side or the other — one side or the other is going to win. I don’t know. I mean, there can be a way of working — a way of living together peacefully, but it’s difficult, you know, because there are differences on fundamental things that really can’t be compromised. They really can’t be compromised. So it’s not like you are going to split the difference.
Roberts also batted down a suggestion by Windsor that the United States was a Christian nation, citing the perspectives of “Jewish and Muslim friends.” The release of the audio comes after the flag controversies had led Democrats to question Alito’s political impartiality. They called on Alito to recuse himself from a pair of high-profile Jan. 6-related cases after an upside-down flag was flown at his Virginia home in the weeks after the 2021 attack on the Capitol and a second “Appeal to Heaven” flag was seen last summer at his New Jersey beach house. Both flags were flown by rioters at the Capitol on Jan. 6.
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