IV 

118TH CONGRESS 

2D SESSION H. RES. 1354 

Impeaching Samuel Alito, Jr., Associate Justice of the Supreme Court of 

the United States, for high crimes and misdemeanors. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2024 

Ms. OCASIO-CORTEZ (for herself, Ms. ESCOBAR, Ms. CROCKETT, Mr. FROST, 

Ms. STANSBURY, Mr. CASAR, Mr. BOWMAN, Ms. LEE of California, Ms. 

OMAR, Mrs. RAMIREZ, Mr. TAKANO, Ms. TLAIB, Ms. VELA ́ZQUEZ, Mrs. 

WATSON COLEMAN, Mr. GRIJALVA, Ms. MCCOLLUM, Mr. MCGOVERN, 

Ms. BUSH, and Ms. WILSON of Florida) submitted the following resolution; which was referred to the Committee on the Judiciary 

RESOLUTION 

Impeaching Samuel Alito, Jr., Associate Justice of the Supreme Court of the United States, for high crimes and 

misdemeanors. 

1 Resolved, That Samuel Alito, Jr., Associate Justice 

2 of the Supreme Court of the United States, is impeached 

3 for high crimes and misdemeanors and that the following 

4 articles of impeachment be exhibited to the United States 

5 Senate: 

6 Articles of impeachment exhibited by the House of 

7 Representatives of the United States of America in the 

8 name of itself and of the people of the United States of 


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1 America, against Samuel Alito, Jr., Associate Justice of 

2 the Supreme Court of the United States, in maintenance 

3 and support of its impeachment against him for high 

4 crimes and misdemeanors. 

5 ARTICLE I: REFUSAL TO RECUSE FROM CASES IN WHICH

6 HE HAD A PERSONAL BIAS OR PREJUDICE CON7 CERNING A PARTY

8

9 The Constitution provides that the House of Rep10 resentatives ‘‘shall have the sole Power of Impeachment’’ 

11 and that all civil officers of the United States‘‘shall be re12 moved from Office on Impeachment for, and Conviction 

13 of, Treason, Bribery, or other high Crimes and Mis14 demeanors’’. Section 455 of title 28, United States Code, 

15 provides that ‘‘[a]ny justice, judge, or magistrate judge 

16 of the United States shall disqualify himself in any pro17 ceeding in which his impartiality might reasonably be 

18 questioned’’. 

19 On January 31, 2006, when Justice Alito assumed 

20 his role on the Supreme Court, he took two oaths of of21 fice—a Constitutional Oath and a Judicial Oath of office. 

22 When taking the Constitutional Oath codified at section 

23 3331, of title 5, United States Code, Alito promised to 

24 ‘‘support and defend the Constitution of the United States 

25 against all enemies, foreign and domestic’’. When taking 

26 the subsequent Judicial Oath codified at section 453, of 


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1 title 28, United States Code, Alito promised to ‘‘faithfully 

2 and impartially discharge and perform all the duties in3 cumbent upon me as an Associate Justice of the Supreme 

4 Court, under the constitution and laws of the United 

5 States’’. 

6 Samuel Alito, in his conduct as an Associate Justice 

7 of the Supreme Court of the United States, engaged in 

8 high Crimes and Misdemeanors, by refusing to disqualify 

9 himself from proceedings in which his impartiality might 

10 reasonably be questioned, as follows: 

11 In January 2021, Justice Alito allowed an upside12 down American flag to be flown outside his primary resi13 dence for several days. At the time, an upside-down Amer14 ican flag was widely understood to be an expression of 

15 support for the criminal efforts to overturn the results of 

16 the 2020 election and was a symbol displayed by those 

17 who attacked the Capitol on January 6, 2021, an event 

18 that occurred only shortly before Justice Alito allowed the 

19 flags to be flown outside his residence. By displaying this 

20 flag, he showed support for domestic enemies of the 

21 United States, some of whom engaged in an insurrection 

22 at the U.S. Capitol building, in violation of his Constitu23 tional Oath of office. 

24 In summer 2023, by allowing a flag associated with 

25 the criminal efforts to overturn the results of the 2020 


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1 election and with a partisan faction of a political party 

2 to be flown outside his secondary residence for several 

3 months, Justice Alito’s behavior showed a lack of impar4 tiality as required by his Judicial Oath of office, thereby 

5 undermining public confidence in the integrity and impar6 tiality of the judiciary. 

7 According to section 455(b)(1) of title 28, United 

8 States Code, a justice of the Supreme Court, like any 

9 judge, must recuse from matters in which he ‘‘has a per10 sonal bias or prejudice concerning a party’’. Separately, 

11 section 455(a) of such title requires recusal in the cir12 cumstances that ‘‘his impartiality might reasonably be 

13 questioned’’. Justice Samuel Alito, Jr.’s failure to recuse 

14 in Trump v. United States, No. 23–939 (July 1, 2024), 

15 Fischer v. United States, No. 23–5572 (June 28, 2024), 

16 and Trump v. Anderson, No. 23–719 (March 4, 2024) vio17 lates both provisions of section 455 and serves as the legal 

18 basis for impeachment. 

19 Trump v. United States, a Supreme Court case about 

20 the preservation of a functioning democracy, asked the 

21 question of whether a former president is entitled to abso22 lute immunity from criminal prosecution for actions within 

23 his constitutional authority. The case arose from charges 

24 filed against Donald J. Trump for his role in inciting an 


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1 insurrection in an attempt to stop the certification of votes 

2 following the 2020 election. 

3 Fischer v. United States asked whether 

4 section1512(c)(2) of title 18, United States Code, a provi5 sion of the Sarbanes-Oxley Act, can be applied to the in6 surrectionists who stormed the Capitol building on Janu7 ary 6, 2021, in order to attempt to stop the certification 

8 of votes following the 2020 election. 

9 Trump v. Anderson asked whether a State court 

10 could enforce Donald Trump’s disqualification from office 

11 for engaging in insurrection against the United States 

12 Constitution when he incited the January 6th insurrection 

13 at the Capitol building and disrupted the transfer of presi14 dential power in violation of Section 3 of the 14th Amend15 ment. 

16 By repeatedly—over a period of multiple years—fly17 ing flags associated with the attempt to overturn the elec18 tion results and stop the peaceful transfer of power, Jus19 tice Alito publicly displayed a bias toward those who in20 cited and executed the January 6 insurrection. Because 

21 Justice Alito engaged in a pattern of declaring sympathy 

22 with the parties before the Supreme Court in Trump, 

23 Fischer, and Anderson, section 455 of title 28, United 

24 States Code, required Justice Alito to recuse from all mat25 ters related to the insurrection. 


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1 Section 455 of title 28, United States Code, does not 

2 require an investigation into the heart and mind of indi3 vidual justices. Subsection (a) of such section requires 

4 recusal whenever a justice’s impartiality ‘‘might reason5 ably be questioned’’. Since a ‘‘stop the steal’’ symbol first 

6 flew on a flagpole outside Justice Alito’s home, it has been 

7 reasonable to question Justice Alito’s ability to impartially 

8 adjudicate matters related to the January 6 insurrection. 

9 The proper functioning of the United States Supreme 

10 Court depends on justices’ commitment to impartiality in 

11 both fact and appearance. By disregarding his impartiality 

12 and aligning himself through public conduct and state13 ments with the insurrectionary cause, the laws of the 

14 United States required Justice Alito to recuse himself in 

15 Trump v. United States, Fischer v. United States, and 

16 Trump v. Anderson. 

17 Failure to comply with subsection (a) and subsection 

18 (b)(1) of section 455 of title 28, United States Code, by 

19 refusing to recuse in Trump v. United States, Fischer v. 

20 United States, and Trump v. Anderson, each of which con21 cerned the attempt to overturn the 2020 election by inter22 fering with the Joint Session of Congress to certify the 

23 election on January 6, 2021, is cause for impeachment 

24 for high crimes and misdemeanors. 


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1 Justice Samuel Alito, Jr., has engaged in a pattern 

2 of conduct that is incompatible with the trust and con3 fidence placed in him as a justice of the Supreme Court 

4 by failing to disqualify himself from cases in which he had 

5 a personal bias or prejudice concerning a party. Section 

6 455 of title 28, United States Code, provides that any 

7 ‘‘justice, judge, or magistrate judge of the United States 

8 shall disqualify himself in any proceeding in which his im9 partiality might reasonably be questioned’’ or if ‘‘he has 

10 a personal bias or prejudice concerning a party’’. Justice 

11 Alito has indicated sympathy with the efforts to overturn 

12 the 2020 election by allowing symbols of support for those 

13 efforts to be flown outside his residences. Contrary to the 

14 clear dictates of the federal recusal statute, which requires 

15 disqualification if a justice’s impartiality might reasonably 

16 be questioned, Justice Alito did not recuse himself in 

17 Trump v. United States, No. 23–939 (July 1, 2024), 

18 Fischer v. United States, No. 23–5572 (June 28, 2024), 

19 or Trump v. Anderson, No. 23–719 (March 4, 2024) all 

20 of which concerned the attempt to overturn the 2020 elec21 tion by interfering with the Joint Session of Congress to 

22 certify the election on January 6, 2021. 

23 In all this, Justice Alito betrayed his Constitutional 

24 Oath to ‘‘support and defend the Constitution of the 

25 United States against all enemies, foreign and domestic’’ 


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1 and his Judicial Oath to ‘‘faithfully and impartially dis2 charge and perform’’ his duties ‘‘under the Constitution 

3 and laws of the United States’’. 

4 Wherefore, Samuel Alito Jr., by such conduct, thus 

5 warrants impeachment and trial, removal from office, and 

6 disqualification to hold and enjoy any office of honor, 

7 trust, or profit under the United States. 

8 ARTICLE II: FAILURE TO DISCLOSE

9

10 The Constitution provides that the House of Rep11 resentatives ‘‘shall have the sole Power of Impeachment’’ 

12 and that all civil officers of the United States ‘‘shall be 

13 removed from Office on Impeachment for, and Conviction 

14 of, Treason, Bribery, or other high Crimes and Mis15 demeanors’’. Sections 13103 and 13104 of title 5, United 

16 States Code, require judicial officers, including Associate 

17 Justices of the Supreme Court, to file annual reports dis18 closing financial income, gifts and reimbursements, prop19 erty interests, liabilities, transactions, among other infor20 mation. Specifically, section 13104(a)(2)(A) of such title 

21 requires disclosure of the ‘‘identity of the source, a brief 

22 description, and the value of all gifts’’ exceeding minimal 

23 value, and section 13104(a)(5)(A) of such title requires 

24 disclosure of ‘‘a brief description, the date, and category 

25 of value of any purchase, sale or exchange’’ of real prop26 erty exceeding $1,000. 


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1 Justice Samuel Alito, Jr., has engaged in a pattern 

2 of corrupt conduct that is incompatible with the trust and 

3 confidence placed in him as a justice of the Supreme Court 

4 by accepting and failing to disclose trips funded by private 

5 organizations and individuals, contrary to federal law and 

6 the ethical guidelines that govern the conduct of federal 

7 judges. After accepting luxury travel from a wealthy indi8 vidual with interests before the Supreme Court, Justice 

9 Alito did not disclose the gift in his financial disclosure 

10 reports as required by Ethics in Government Act and re11 peatedly chose not to recuse himself from hearing cases 

12 in which the wealthy individual had direct interests in vio13 lation of section 7353 of title 5, United States Code. 

14 By failing to disclose the gift of luxury travel and 

15 failing to recuse from hearing cases affecting the donor’s 

16 business interests, Justice Alito has undermined the im17 partiality and integrity of the Supreme Court in violation 

18 of the public trust. His conduct has caused a reasonable 

19 person to believe the gift was offered and accepted in re20 turn for being influenced in the performance of an official 

21 act and on a basis that would cause a reasonable person 

22 to believe that he used his public office for his own private 

23 gain or for the private gain of the donor. 

24 In all of this, Justice Alito has acted in a manner 

25 contrary to his trust as an Associate Justice of the SuVerDate Sep 11 2014 01:39 Jul 11, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\HR1354.IH HR1354

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1 preme Court of the United States, to the great prejudice 

2 of the cause of law and justice, to the manifest injury of 

3 the people of the United States. 

4 Wherefore, Justice Alito, by such conduct, warrants 

5 impeachment and trial and removal from office, and dis6 qualification to hold and enjoy any office of honor, trust, 

7 or profit under the United States. 

Æ 


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