'Unethical' and 'corrupt': Secret Alito audio revealing 'Christian nationalist' stuns experts

10 June 2024

Secret audio recording of U.S. Supreme Court Justice Samuel Alito casually and unreservedly telling a woman posing as a right-wing Catholic conservative that there are “fundamental” differences between the left and the right that “can’t be compromised,” and agreeing the nation needs to return to “godliness,” has sparked strong criticism by legal and political experts.

Justice Alito agreed with the woman, documentary filmmaker Lauren Windsor, who told him, “I don’t know that we can negotiate with the left in the way that needs to happen for the polarization to end.”

“I think that it’s a matter of, like, winning,” she added before Alito replied, “I think you’re probably right.”

Alito continued, saying, “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.”

Many expect judges, and especially Supreme Court justices, to maintain an impartiality, including when weighing in on issues of faith and morality. The U.S. Constitution itself states justices serve for life if they remain on “good behavior.”

“The key part of the Alito tape is his concession that compromise on fundamental issues is probably impossible. A horrific quality for a judge or human being,” declared constitutional law scholar and professor of law Eric Segall.

“Sam Alito is a Christian Nationalist,” said attorney and author Andrew L. Seidel, a vice president at Americans United for Separation of Church and State. “Anyone familiar with his opinions on religious freedom and church-state separation (or who has read American Crusade) has known this for some time. Then there’s his admission with the flags. Now this confession.”

Professor of law, MSNBC legal analyst, and former U.S. Attorney Joyce Vance shared several concerns.

“If Justice Alito is making comments like this to a random person at a get-together, what is he saying to his close confidants? How is this impartial justice, especially when his votes/rationale on cases are considered?” she asked.

“This is a Justice who believes the correct way to determine the law is via a strict appeal to ‘history & tradition’ even though both of those things assume a legal system where Black people & women have no rights,” Vance added.

Vance also remarked, “A statistic that stuck with me about Alito’s jurisprudence is that ‘An empirical analysis of the Court’s ‘standing’ decisions…found that Alito rules in favor of conservative litigants 100% of the time & against liberal litigants in every single case.’ ”

The Atlantic’s Norman Ornstein, a political scientist and emeritus scholar responded to remarks Justice Alito made, writing: “Utterly unethical, corrupt, a serial liar, and a radical lacking every element of judicial temperament. This monster does not belong in civil society, much less on any court, much much less on the Supreme Court.”

Some, including attorney George Conway, pointed out the difference between Justice Alito’s response to Windsor and Chief Justice John Roberts, who was asked similar questions.

“Pressed on whether the court has an obligation to put the country on a more ‘moral path,'” Rolling Stone reported, “Roberts turns the tables on his questioner: ‘Would you want me to be in charge of putting the nation on a more moral path?’ He argues instead: ‘That’s for people we elect. That’s not for lawyers.’ Presented with the claim that America is a ‘Christian nation’ and that the Supreme Court should be ‘guiding us in that path,’ Roberts again disagrees, citing the perspectives of ‘Jewish and Muslim friends,’ before asserting: ‘It’s not our job to do that. It’s our job to decide the cases the best we can.’ ”

“The contrast between Alito’s responses and Roberts’s speaks volumes,” Conway said. “Oh my.”

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