64 recusals Justice Alito recused from 64 cases between 2021 and 2024 over stock holdings. He did not recuse from a case where Treasury was a party while his son worked there.
What Happened
NOTUS reported that Philip Alito, son of Supreme Court Justice Samuel Alito, has been working as an attorney in the Treasury Department’s Office of General Counsel since the early months of the second Trump administration. He has no LinkedIn profile, no public resume, and is not listed on the Treasury website. His bar registrations list incorrect employers.
While Philip Alito worked at Treasury, the Supreme Court heard a case challenging Trump’s use of emergency powers to impose tariffs. The Treasury Department was a named party in the suit. Treasury did not disclose Philip Alito’s employment in court documents. Justice Alito did not recuse himself. He joined the dissent after the majority ruled in February that Trump lacked authority to issue the tariffs.
The Pattern
This is not the first undisclosed conflict. In 2008, Alito took an undisclosed private-jet trip and luxury fishing vacation in Alaska with billionaire hedge fund founder Paul Singer. Singer’s firm later appeared before the Court multiple times. Alito did not recuse and voted with the majority in a 2014 ruling that resulted in a multibillion-dollar payout for Singer’s fund.
Alito refused to recuse from January 6-related cases despite flying flags associated with the “Stop the Steal” movement at two of his residences. He recused from 64 cases between 2021 and 2024 over stock holdings, but chose not to recuse when his son worked at an agency that was a party before the Court.
No Enforcement Mechanism Exists
Supreme Court justices decide for themselves whether to recuse. No one reviews the decision. No one enforces it. The Supreme Court Ethics, Recusal, and Transparency Act (S. 1814) would change that by requiring justices to adopt a binding ethics code, submit recusal decisions to a review panel, and disclose gifts, travel, and financial connections to parties appearing before the Court. The bill has been reintroduced in every Congress since 2023. It has not received a vote.
What you can do
- Support the SCERT Act (S. 1814 / H.R. 3513). It is the only pending legislation that would create enforceable ethics rules for the Supreme Court.
- Read the full reporting at NOTUS and Daily Beast.
Read more on the Ethics hub and our coverage of the two-tier justice system.