Supreme Court Historical Society blasts 'surreptitious' recording as Dems target Justice Alito

The Supreme Court Historical Society (SCHS) is condemning a secret audio recording that took place at its recent annual dinner, during which a liberal filmmaker presented herself as a conservative supporter to Chief Justice John Roberts, Justice Samuel Alito, and his wife Martha-Ann Alito in order to ask them questions. 

"We condemn the surreptitious recording of Justices at the event, which is inconsistent with the entire spirit of the evening," SCHS executive director James Duff said in a statement to Fox News Digital. "Attendees are advised that discussion of current cases, cases decided by this Court, or a Justice’s jurisprudence is strictly prohibited and may result in forfeiture of membership in the Society."

The filmmaker, Lauren Windsor, recorded the justices without their knowledge at the event on June 3. The audio files were later published by Rolling Stone. She engaged Alito in conversation about ideological differences, and the justice claimed, "there are differences on fundamental things that really can’t be compromised," in one recording. 

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Windsor prompted the justice further, saying to him, "People in this country who believe in God have got to keep fighting for that — to return our country to a place of godliness."

Alito responded to her, "I agree with you. I agree with you." 

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The article highlighted both the justice's remarks on ideology and compromise as well as his agreement on the notion of returning the country to "godliness." 

In response to an assertion from Windsor, Roberts pushed back at the undercover filmmaker. "The idea that the court is in the middle of a lot of tumultuous stuff going on is nothing new," he said. 

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Duff explained in his statement following the article, "The Annual Dinner of the Supreme Court Historical Society is an occasion to recognize and support the educational and historical work of the Society over the last year. Society members are allowed to purchase two tickets, one for themselves and one for a guest."

"Our policy is to ensure that all attendees, including the Justices, are treated with respect," he added. 

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The recordings, while brushed off by conservatives on social media as non-controversial, served to fuel additional criticism against Alito by Senate Judiciary Democrats, who have revived efforts to force his recusal from cases related to the 2020 election. 

Scrutiny was renewed when the New York Times reported on flags that were flown at Alito's homes in the aftermath of the Jan. 6, 2021 Capitol riot. One of his homes briefly flew an upside down American flag, which he said was his wife's doing and unrelated to January 6, and his beach home was seen flying an "Appeal to Heaven" flag, which is a historic Navy flag that is still used for official purposes across the country. 

Despite the ongoing calls for recusal ahead of a decision being released on former President Trump's immunity claim in his federal election interference case, Alito has refused to do so. 

A decision in the Trump immunity matter is expected from the court this month.