A recent call between conservative Supreme Court Justice Samuel Alito and President-elect Donald Trump has drawn sharp criticism, with former U.S. Attorney Joyce Vance calling it "entirely inappropriate."
Speaking on MSNBC, Vance highlighted ethical concerns surrounding the call, especially given the likelihood of related cases reaching the Supreme Court. "The answer about whether the call should have taken place is unequivocally no," Vance said. "It was entirely inappropriate for Alito to have this call with the president-elect knowing that this case was headed towards the court."
Why It Matters
The controversy has reignited discussions about judicial ethics and the need for a formal code of conduct for Supreme Court justices, who currently self-regulate without binding ethical guidelines.
Judicial independence is a cornerstone of the U.S. legal system. Any interaction between Supreme Court justices and political figures, particularly those with pending cases before the court, risks eroding public confidence in judicial impartiality.
What to Know
Justice Alito, one of six conservatives on the nine-member Supreme Court, confirmed he took a call from Trump on Tuesday, a day before Trump’s lawyers filed a petition asking the court to halt his New York sentencing scheduled for Friday.
Trump’s legal team argued that the sentencing in the "hush money" case interferes with the presidential transition process and contended that presidential immunity could extend to a president-elect. A New York appeals court rejected Trump’s argument on Tuesday. The petition was filed Wednesday, a day after the call with Alito. ABC News first reported the call.
In a statement, Alito denied discussing the petition, saying he was unaware of the application’s filing. He claimed the call was about recommending his former law clerk, William Levi, for a position in the Trump administration.
Alito has faced prior scrutiny for his interactions involving Trump. In 2021, an upside-down flag associated with the 'Stop the Steal' movement was displayed outside Alito’s home days after the January 6 Capitol attack. Alito attributed the flag to his wife’s dispute with neighbors over an anti-Trump lawn sign.
Critics argue that the lack of a formal ethical code for Supreme Court justices creates opportunities for conflicts of interest. Lower court judges follow the American Bar Association’s Model Code of Judicial Conduct, but Supreme Court justices are exempt.
What People Are Saying
Joyce Vance told MSNBC: "What’s particularly discouraging is Justice Alito’s claim that he didn’t know this was about to hit the court. Every legal analyst, and probably people in grocery store checkout lines, knew."
Gene Rossi, former federal prosecutor, told Newsweek: "Under normal circumstances, a call about a law clerk recommendation wouldn’t be improper. But given the timing and the pending case, this was highly unethical. For many Americans, this call reaffirms skepticism about the impartiality of the Supreme Court."
Shanlon Wu, former federal prosecutor, told Newsweek: "Alito should recuse himself from any case involving Trump. A reasonable person would question his impartiality. His failure to do so further erodes confidence in the court."
Neama Rahmani, another former prosecutor, said: "Alito’s claim of ignorance is blind at best. Trump made it clear he would appeal the hush money conviction to the Supreme Court. Alito’s conduct undermines trust in the judiciary."
Carrie Severino, president of the Judicial Crisis Network, dismissed the criticism on X, writing: "This is another manufactured ‘ethics’ scandal. The Left is making up fake rules to smear a justice they despise for authoring the Dobbs opinion."
In his statement to ABC, Alito maintained: "We did not discuss any pending or future Supreme Court matters or past decisions involving the President-elect."
What’s Next
The controversy has amplified calls for the Supreme Court to adopt a formal code of conduct. Lawmakers have pushed for ethics reforms, including mandatory recusals in cases where justices have direct interactions with involved parties.
As high-profile cases involving political figures continue to emerge, debates over judicial ethics are unlikely to subside. While it remains uncertain whether this latest incident will lead to substantive changes, growing pressure for judicial accountability is apparent.
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