Chief Justice Roberts: "Yeah. I don't know that we live in a Christian nation. I know a lot of Jewish and Muslim friends who would say, maybe not. And it's not our job to do that. It's our job to decide the cases as best we can."

 

In this March 7, 2019 file photo, U.S. Supreme Court Associate Justice Samuel Alito testifies about the court's budget during a hearing of the House Appropriations Committee's Financial Services and General Government Subcommittee in Washington. Photo Credit: Chip Somodevilla/Getty Images, FILE

Supreme Court Justice Samuel Alito and Chief Justice John Roberts remained silent Tuesday following the release of secret recordings taken by a woman posing as a conservative Catholic at a recent black-tie event.

The incident occurred at the Supreme Court Historical Society's annual gala, where liberal filmmaker Lauren Windsor, under the guise of a conservative attendee, recorded her interactions with the justices. Her goal appeared to be to engage them in discussions about the nation's ongoing culture wars.

Windsor's conversation with Justice Alito, a known conservative voice on the Court, was shared in edited form on social media platform X and first reported by Rolling Stone. The authenticity of the audio has not been verified by ABC News.


In the recording, Windsor suggests there is no middle ground between conservative and liberal viewpoints, to which Alito seemingly agrees, noting the deep-seated differences. Windsor continues, emphasizing that believers in God must fight to restore the country to its religious roots. Alito responds, "I agree with you, I agree with you."

Chief Justice Roberts, known for his moderate conservative stance, also engaged in a recorded conversation with Windsor. When she implied that America is a Christian nation, Roberts countered, "Yeah. I don't know that we live in a Christian nation. I know a lot of Jewish and Muslim friends who would say, maybe not. And it's not our job to do that. It's our job to decide the cases as best we can."

The Supreme Court Historical Society condemned the covert recordings, emphasizing the private nature of the event, where tickets were priced at $500 each. James C. Duff, the Society’s executive director, issued a statement expressing the importance of respect for attendees and noting that discussions of court cases or justices' jurisprudence are prohibited at such events. Duff criticized the recordings as being against the spirit of the gathering.

ABC News reached out to the offices of Chief Justice Roberts and Justice Alito, but neither responded to requests for comment. This incident surfaces as the Supreme Court is set to announce over a dozen significant decisions in the coming weeks, a period of heightened scrutiny regarding its ethical standards and transparency.

John Roberts, Jr., Chief Justice of the United States Supreme Court arrives on the House floor before President Joe Biden's State of the Union address to the joint session of Congress in the U.S. Capitol, March 7, 2024, in Washington. Photo Credit: Bill Clark/CQ-Roll Call, Inc via Getty Images

In addition to recording the justices, Windsor also approached Martha-Ann Alito, Justice Alito’s wife, discussing recent controversies involving the couple. These incidents, initially reported by the New York Times, include an upside-down American flag displayed at their Virginia home in 2021 and an "Appeal to Heaven" flag at their beach house in 2023, both linked to the January 6 Capitol rioters.

Justice Alito, in a letter to Democratic lawmakers, distanced himself from these flag displays, stating he had asked his wife to remove the upside-down flag, which she refused. He also claimed Martha-Ann Alito was unaware of the "Appeal to Heaven" flag's associations.

In the posted clips, Windsor expressed sympathy to Martha-Ann Alito for her ordeal, to which she replied, "It's okay because if they come back to me, I'll get them," referring to the media. She criticized the media's portrayal of her and indicated she felt liberated to retaliate against negative coverage.

Discussing the flag issue, Martha-Ann Alito remarked that critics believe her husband should control her actions. "So, they'll go to hell, he never controls me," she asserted. She further mentioned her desire to counter a nearby LGBTQ Pride flag with a Sacred Heart of Jesus flag, a plan she postponed out of deference to her husband's wishes.

Martha-Ann Alito has not commented publicly on the recordings.

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