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 and serving since 2006. He is the second Italian American justice to serve on the U.S. Supreme Court.

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

1986: Thornburgh v. American College of Obstetricians & Gynecologists

In 1986, in the case of Thornburgh v. American College of Obstetricians & Gynecologists, the Supreme Court ruled against Solicitor General Charles Fried, who had rejected a memo by Samuel Alito urging him to avoid directly attacking the constitutional right to an abortion.

2013: NSA targeted Alito's phones

In 2013, former National Security Agency analyst Russell Tice revealed that, during 2002 and 2003, the National Security Agency targeted Alito's phones, and those of his staff and his family, for surveillance.

June 3, 2014: Lunch with Gayle Wright

On June 3, 2014, Alito and his wife had lunch with Gayle Wright, a conservative donor. Shortly after, Rob Schenck, an evangelical minister, claimed to have heard of the outcome of Burwell v. Hobby Lobby before it was officially announced, suggesting Wright may have revealed the information.

2020: Reactions to Alito's Actions

In 2020, reactions to Alito's actions were divided, with Democrats condemning and Republicans defending him. Dick Durbin requested Alito's recusal from cases involving the January 6 Capitol attack or the 2020 presidential election. Steve Cohen introduced a resolution to censure Alito. A letter requesting Alito's recusal was signed by forty-five representatives. Tom Cotton called the controversy an intimidation attempt, and Lindsey Graham criticized Alito's judgment.

January 17, 2021: Upside-down American flag

On January 17, 2021, an upside-down American flag was flown outside Alito's residence in Fairfax County, Virginia.

May 2, 2022: Leak of draft opinion on Roe v. Wade

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

November 2022: Revelation of alleged previous leak

In November 2022, it was revealed that Rob Schenck had written Roberts a letter about an alleged previous leak of a Supreme Court decision. Schenck claimed to have been informed of the outcome of Burwell v. Hobby Lobby weeks before the June 2014 decision was officially announced.

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 concerning abortion.

June 20, 2023: ProPublica investigation

On June 20, 2023, ProPublica published an investigation of Alito's relationship with billionaire businessman Paul Singer, focusing on a trip Alito and Singer took to a luxury fishing resort in Alaska and suggesting Alito "violated a federal law that requires justices to disclose most gifts", such as private jet travel.

July 2023: Wall Street Journal opinion column

In a July 2023 Wall Street Journal opinion column, Alito wrote, "Congress did not create the Supreme Court [...] No provision in the Constitution gives them the authority to regulate the Supreme Court—period."

2023: Pine Tree Flag

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 displays, reported by The New York Times, caused controversy, including questions about judicial impartiality.

June 2024: Controversial secret recording

In June 2024, Alito drew controversy when a filmmaker posted a secret recording in which he could be heard agreeing with her assertion that Christians should win "the moral argument" against the Left and return the country to "a place of godliness".

June 2024: Martha-Ann Alito Discusses Pride Flag

In June 2024, Martha-Ann Alito was secretly recorded discussing the Pride flag and her intention to replace it with a Sacred Heart of Jesus flag and a flag with yellow and orange flames that read "vergogna". She also stated she would "get" the media due to her German heritage.

2024: Acceptance of $900 tickets

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