U.S. Representative Mike Levin (D-CA) is criticizing conservative Supreme Court Justice Samuel Alito for not recusing himself from cases involving President Trump’s Treasury Department, where it was recently revealed Alito’s son, Philip Alito, has been working as “a political appointee and attorney.”
Levin wrote: “There is no world in which this is okay.”
He added of Alito: “His son’s employment was hidden so thoroughly that his name appears nowhere on the Treasury Department website, he has no public resume, and his bar listings are outdated.”
There is no world in which this is okay.
Supreme Court Justice Samuel Alito did not recuse himself from cases involving Trump’s Treasury Department while his own son was secretly working there as a political appointee and attorney.
His son’s employment was hidden so…
— Rep. Mike Levin (@RepMikeLevin) May 30, 2026
Levin added: “If Alito had recused himself, the secret would have come out. He didn’t recuse himself. This is a clear conflict of interest, and the American people deserved to know about it. The federal recusal standard is clear: a justice must step aside in any case where there is a reasonable basis to question whether he or she can be impartial. A justice ruling on cases involving the department where his son works fails that test. The Treasury Department sits at the center of some of the biggest legal fights of this administration, and challenges to Trump’s $1.776 billion January 6 slush fund could be headed to the Court next.”
Levin also suggested a way for Congress to assert control, writing: “The Supreme Court is the only court in America with no binding code of conduct. That is completely unacceptable, and it has to change NOW. Congress controls the Power of the Purse, and therefore the Court’s funding. If the Court will not adopt a binding code of conduct with real recusal review on their own, I support withholding their funding until they do.”
In the comments on X, attorney Mary Robertson agreed with Levin and replied: “At a minimum, he should have disclosed to the parties his son’s employment with the administration. I also support withholding SCOTUS funding until they agree to be bound by clearly established rules of ethics. Their “self-regulation” clearly hasn’t worked. Reputation shattered.”
Trump’s Treasury Secretary Scott Bessent said during a press conference that Philip Alito was not involved in matters or cases expected before the Court.
Bessent said of his employee: “I am sure that Mr. Alito follows all legal and ethical guidelines. And I can assure you that at treasury, we follow all the legal and ethical guidelines.”
Reporter: There’s a report that Justice Alito’s son is working in your department. Can you confirm that that’s the case? Do you believe that that means that he should recuse himself from cases that involve your department?
Bessent: I am sure that Mr. Alito follows all legal and… pic.twitter.com/2dW7cEdMTW
— Acyn (@Acyn) May 28, 2026
Note: Supreme Court Justices are not required to recuse themselves from cases due to a lack of a binding, enforceable code of conduct, often citing a “duty to sit” to avoid tied votes. While federal law (28 U.S.C. § 455) requires recusal for potential bias or conflicts, there is no higher court to enforce this on Supreme Court justices.
According to the 2023 Justices’ Code of Conduct: “If Congress wished to sanction a Justice who had allegedly violated the Justices’ Code of Conduct or another applicable ethical rule, the Constitution would also impose limits. Article III forbids Congress from reducing Supreme Court Justices’ salaries or removing them from office except via the extraordinary and blunt remedy of impeachment. Thus, Congress may have limited means to induce Justices to behave ethically.”