Most Talked-About Controversies Linked to Samuel Alito

A closer look at the most debated and controversial moments involving Samuel Alito.

Samuel Alito is an Associate Justice of the Supreme Court of the United States, nominated by President George W. Bush. He has served on the court since January 31, 2006. Alito is the second Italian American justice to serve on the U.S. Supreme Court, following Antonin Scalia.

Sections (4)

Full Timeline Early Life & Education Career & Achievements Controversies & Scandals

1964: Dissenting Opinion on Title VII Interpretation

In 2020, Alito wrote a dissent, joined by Thomas, to Bostock v. Clayton County, arguing that Title VII of the Civil Rights Act of 1964 does not prohibit discrimination based on sexual orientation or gender identity. He also criticized the majority's interpretation of Title VII.

2002: NSA Surveillance of Alito

In 2002, the National Security Agency (NSA) began targeting Alito's phones, and those of his staff and family, for surveillance.

2003: NSA Surveillance of Alito Continues

In 2003, the National Security Agency (NSA) continued targeting Alito's phones, and those of his staff and family, for surveillance.

2008: Failure to Disclose Gifts

According to a ProPublica investigation, Alito was obligated to disclose certain benefits as gifts on his 2008 Financial Disclosure Report but did not.

2013: NSA Surveillance Revealed

In 2013, former NSA analyst Russell Tice revealed that during 2002 and 2003, the NSA targeted Alito's phones, as well as those of his staff and family, for surveillance as part of the fallout from the Edward Snowden case.

June 3, 2014: Lunch with Conservative Donor Gayle Wright

On June 3, 2014, Alito and his wife had lunch with Gayle Wright, a conservative donor. Rob Schenck claimed that Wright informed him of the outcome and author, Alito, of the Burwell v. Hobby Lobby decision shortly after this lunch.

June 2014: Burwell v. Hobby Lobby Decision

In June 2014, the Supreme Court handed down the Burwell v. Hobby Lobby decision. Alito authored the decision favorable to anti-abortion conservatives. Weeks before, Rob Schenck claimed to have learned of the outcome from Gayle Wright, who had recently had lunch with Alito.

November 12, 2020: Comments on COVID-19 Restrictions

On November 12, 2020, Alito spoke to the Federalist Society, criticizing the "loss of individual liberties" during the COVID-19 pandemic and calling the restrictions "severe, extensive and prolonged." He described the pandemic as "a Constitutional stress test."

2020: Reactions to Alito's Actions

In 2020, Alito's actions sparked mixed reactions, with Democrats condemning him and Republicans defending him. Calls for recusal from cases related to the January 6 Capitol attack and the 2020 presidential election were made, along with a resolution to censure Alito. Some senators defended Alito, calling the controversy an intimidation attempt.

2020: Involvement of Stop the Steal Movement

In January 2021, an upside-down American flag was flown outside Alito's residence in Alexandria, Virginia, which was displayed by members of the Stop the Steal movement in 2020, an attempt to overturn the presidential election.

January 17, 2021: Upside-Down American Flag Incident

On January 17, 2021, an upside-down American flag was flown outside Alito's residence in Alexandria, Virginia. The flag was associated with supporters of Donald Trump during the January 6 Capitol attack and the Stop the Steal movement.

May 2, 2022: Leak of Draft Opinion Overturning Roe v. Wade

On May 2, 2022, Politico published a leaked first draft of a majority opinion by Alito, circulated among the justices in February 2022, for the upcoming decision in Dobbs v. Jackson Women's Health Organization. The opinion would overturn Roe v. Wade and Planned Parenthood v. Casey.

June 24, 2022: Roe v. Wade Overturned

On June 24, 2022, the Supreme Court handed down the ruling in Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade and Planned Parenthood v. Casey. Alito wrote that "Roe was egregiously wrong from the start" and that it had "enflamed debate and deepened division".

July 2022: Public Comments on Overturning Roe v. Wade

In July 2022, Alito made his first public comments on the ruling overturning Roe v. Wade at a Notre Dame Law School event in Rome. He mocked foreign leaders, including Boris Johnson and Prince Harry, for criticizing the decision.

October 2022: Comments on Assassination Threats and Court Integrity

During an October 2022 talk at The Heritage Foundation, Alito mentioned that the leaked opinion in Dobbs v. Jackson Women's Health Organization made some justices "targets for assassination". He also said that "questioning [the Court's] integrity crosses an important line", viewed as criticism of Kagan's statements.

November 2022: Alleged Previous Supreme Court Decision Leak

In November 2022, amidst an investigation into the Dobbs v. Jackson leak, it was revealed that Rob Schenck had written a letter to Roberts about an alleged leak of the Burwell v. Hobby Lobby decision. Schenck claimed to have known the outcome weeks before the June 2014 announcement.

2022: Majority opinion in Dobbs v. Jackson Women's Health Organization

In 2022, Alito wrote the majority opinion in Dobbs v. Jackson Women's Health Organization, a case regarding abortion.

April 21, 2023: Dissent on Mifepristone Ruling

On April 21, 2023, Alito dissented when the Supreme Court reversed a ruling by Judge Matthew Kacsmaryk that would have banned mifepristone (an emergency contraception medication) nationwide.

June 20, 2023: ProPublica Investigation on Alito's Relationship with Paul Singer

On June 20, 2023, ProPublica reported on Alito's relationship with billionaire businessman Paul Singer, focusing on their trip to a luxury fishing resort in Alaska. The report suggested Alito "violated a federal law that requires justices to disclose most gifts", such as private jet travel, and that he should have recused himself from cases involving Singer.

July 2023: Controversy over Congressional Authority

In July 2023, Alito wrote a Wall Street Journal opinion column stating that the Constitution doesn't give Congress the authority to regulate the Supreme Court, leading to further debate among lawmakers.

2023: Pine Tree Flag Incident

In the summer of 2023, the Pine Tree Flag was flown at Alito's beach house on Long Beach Island in New Jersey. The flag, linked to Christian nationalists and the Capitol attack, caused controversy due to questions about judicial impartiality while the Supreme Court considered United States v. Fischer (2023).

June 2024: Controversial Secret Recording

In June 2024, Alito faced controversy when a secret recording surfaced of him agreeing with the assertion that Christians should win "the moral argument" and return the country to "a place of godliness." He stated that "one side or the other is going to win" regarding political polarization.

June 2024: Martha-Ann Alito's Flag Remarks

In June 2024, Martha-Ann Alito was recorded discussing her intention to display a Sacred Heart of Jesus flag in response to a Pride flag, expressing her desire to replace the flags and stating her German heritage would lead her to retaliate against media scrutiny.

2024: Acceptance of Tickets from Princess Gloria von Thurn und Taxis

In 2024, it was reported by The Guardian and The New York Times that Alito accepted $900 tickets from Princess Gloria von Thurn und Taxis for a music festival at Saint Emmeram's Abbey.