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Justice Alito questions possibility of political compromise in secret recording

Justice Samuel Alito joins other members of the Supreme Court as they pose for a new group portrait (J Scott Applewhite/AP)
Justice Samuel Alito joins other members of the Supreme Court as they pose for a new group portrait (J Scott Applewhite/AP)

Supreme Court Justice Samuel Alito was heard questioning whether compromise between the left and right is possible in a conversation posted on social media on Monday.

The conservative justice is also heard agreeing with a woman who says the United States should return “to a place of godliness”.

Liberal filmmaker Lauren Windsor posted the audio on X.

She said it was recorded at the Supreme Court Historical Society’s annual dinner last week.

“One side or the other is going to win,” Justice Alito said.

“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.”

Ms Windsor then told Justice Alito: “I think that the solution really is like winning the moral argument. Like, people in this country who believe in God have got to keep fighting for that, to return our country to a place of godliness.”

“I agree with you,” Justice Alito responded.

Ms Windsor also engaged in a conversation with Chief Justice John Roberts, revealing a stark contrast in their views.

When Ms Windsor suggested the court should lead the nation on a “Christian” path, Justice Roberts responded: “I don’t know if that’s true.”

Despite the controversy surrounding it, Justice Alito’s decision to reject calls to step aside from Supreme Court cases involving former president Donald Trump and January 6 defendants has raised significant concerns.

Media Washington Post Alito
Supreme Court Justice Samuel Alito (Carolyn Kaster/AP)

In letters to members of Congress, Justice Alito said his wife, Martha-Ann, was responsible for flying both an upside-down flag over their home in 2021 and an “Appeal to Heaven” flag at their New Jersey beach house last year.

Both flags were like those carried by rioters who violently stormed the Capitol in January 2021 while echoing Mr Trump’s false claims of election fraud.

Justice Roberts declined an invitation to meet with Democratic senators to discuss Supreme Court ethics and the flags that flew outside Justice Alito’s home.

In an interview with Rolling Stone, Ms Windsor said she recorded the conversations with Justice Alito and Justice Roberts because “the Supreme Court is shrouded in secrecy, and they’re refusing to submit to any accountability in the face of overwhelming evidence of serious ethics breaches, I think that it’s justified to take these types of measures”.