Analysis: Samuel Alito, caught on tape, reinforces why people are skeptical of the Supreme Court

The religious zeal reflected in surreptitious recordings has long been evident in Alito’s public statements and written opinions.

Supreme Court Justice Samuel Alito really wasn’t caught. The religious zeal reflected in the surreptitious recordings made public this week has long been evident in Alito’s statements and written opinions. But his remarks, captured secretly by a liberal activist presenting herself as a conservative Catholic, reinforce the pretense regarding any neutrality. Alito was notably cavalier about his views at a moment when he already faces public scrutiny over the provocative flags flown at his homes. And as much as Alito’s new comments reflected his broader approach to the law, they also stood in contrast to Chief Justice John Roberts’ measured response when he was similarly baited at the Supreme Court Historical Society gala dinner last week. An overriding question as the justices near the end of the 2023-24 session is how Alito’s attitudes will manifest themselves in rulings, including those that could affect the presidential election. Even before the latest revelations on Monday, tensions behind the scenes were high and relationships among the justices were frayed. To reach majority decisions, the justices must work toward compromise, even as extracurricular ethical issues cause strains and drive them apart. The new recordings also reveal conversations with the justice’s wife, Martha-Ann Alito. She is heard defiantly speaking of the flags hoisted at the Alito family homes, a subject of controversy because some of former President Donald Trump’s backers and the “Stop the Steal” campaign have flown such flags, including at the US Capitol attack on January 6, 2021.