Supreme Court Chief Justice John Roberts reassigned the writing of a major opinion just days after a controversy involving Justice Samuel Alito's wife came to light.
The case in question, Fischer v. United States, dealt with the charges brought against January 6 rioters. According to The Daily Beast, this unusual change in the court's protocol occurred shortly after reports surfaced about an upside-down flag display at Alito's residence.
The New York Times initially reported that Roberts had tasked Alito with authoring the majority opinion for the Fischer case. However, four days after the May 16 report about Martha-Ann Alito's flag display, Roberts informed the court that he would personally write the opinion instead. This shift in responsibility, without a corresponding change in the decision itself, is considered atypical in Supreme Court proceedings.
The controversy surrounding Justice Alito stemmed from a report detailing his wife's decision to fly an upside-down American flag outside their Virginia home in 2021. This occurred less than two weeks after the events of January 6 at the Capitol. The upside-down flag has been associated with the "Stop the Steal" movement and was used by some participants in the Capitol riot.
The timing of Roberts' decision to take over the opinion writing raised questions about whether the two events were connected. Neither Roberts nor Alito responded to inquiries from the New York Times regarding this matter.
It's worth noting that Alito remained part of the majority in the final 6-3 decision, which ruled that the government must prove a defendant impaired specific elements of an official proceeding.
Following the flag incident report, some members of Congress called for Alito's recusal from cases related to the January 6 events. In response to these calls, Alito provided an explanation to Democratic Senators Dick Durbin and Sheldon Whitehouse.
He stated:
The two incidents you cite do not meet the conditions for recusal. As I have stated publicly, I had nothing whatsoever to do with the flying of that flag. I was not even aware of the upside-down flag until it was called to my attention.
Alito further explained that he had asked his wife to remove the flag, but she initially refused for several days. He maintained that he was unaware of the flag's significance at the time.
The New York Times report also revealed that an "Appeal to Heaven" flag, another symbol associated with January 6 rioters, had been displayed at the Alitos' beach home in New Jersey. Alito attributed the upside-down flag incident to a neighborly dispute over an anti-Trump sign.
Roberts' decision to take on the Fischer case opinion added to his already substantial workload. During the court's most recent term, he had authored seven opinions, with five of them being among the most consequential rulings. This additional responsibility further underscores the unusual nature of his decision to reassign the Fischer case opinion.
In conclusion, Chief Justice John Roberts' decision to take over the writing of the Fischer v. United States opinion from Justice Samuel Alito came shortly after a controversy involving Alito's wife and an upside-down flag display.
This move, considered unusual in Supreme Court protocol, occurred without a change in the final ruling. Alito responded to calls for his recusal, explaining his lack of involvement in the flag incident. The case ultimately resulted in a 6-3 decision, with Alito remaining part of the majority.
