Justice Alito Caught on Tape Discussing How Battle for America ‘Can’t Be Compromised’

In a new, secret recording, the Supreme Court justice says he “agrees” that the U.S. should return to a place of godliness

BY  TESSA STUARTTIM DICKINSON in Rolling Stone (thanks to Mike C.)

JUNE 10, 2024

Justice Samuel Alito sits during a group photo of the Justices at the Supreme Court in Washington, DC on April 23, 2021. (Photo by Erin Schaff-Pool/Getty Images)
Justice Samuel Alito at the Supreme Court in Washington, D.C., on April 23, 2021. ERIN SCHAFF-POOL/GETTY IMAGES

Justice Samuel Alito spoke candidly about the ideological battle between the left and the right — discussing the difficulty of living “peacefully” with ideological opponents in the face of “fundamental” differences that “can’t be compromised.” He endorsed what his interlocutor described as a necessary fight to “return our country to a place of godliness.” And Alito offered a blunt assessment of how America’s polarization will ultimately be resolved: “One side or the other is going to win.”

Alito made these remarks in conversation at the Supreme Court Historical Society’s annual dinner on June 3, a function that is known to right-wing activists as an opportunity to buttonhole Supreme Court justices. His comments were recorded by Lauren Windsor, a liberal documentary filmmaker. Windsor attended the dinner as a dues-paying member of the society under her real name, along with a colleague. She asked questions of the justice as though she were a religious conservative. Click here for the video link on X.

The justice’s unguarded comments highlight the degree to which Alito makes little effort to present himself as a neutral umpire calling judicial balls and strikes, but rather as a partisan member of a hard-right judicial faction that’s empowered to make life-altering decisions for every American. 

The recording, which was provided exclusively to Rolling Stone, captures Windsor approaching Alito at the event and reminding him that they spoke at the same function the year before, when she asked him a question about political polarization. In the intervening year, she tells the justice, her views on the matter had changed. “I don’t know that we can negotiate with the left in the way that needs to happen for the polarization to end,” Windsor says. “I think that it’s a matter of, like, winning.” 

“I think you’re probably right,” Alito replies. “On one side or the other — one side or the other is going to win. I don’t know. I mean, there can be a way of working — a way of living together peacefully, but it’s difficult, you know, because there are differences on fundamental things that really can’t be compromised. They really can’t be compromised. So it’s not like you are going to split the difference.”

Windsor goes on to tell Alito: “People in this country who believe in God have got to keep fighting for that — to return our country to a place of godliness.”

“I agree with you. I agree with you,” replies Alito, who authored the Supreme Court’s 2022 Dobbs decision, which reversed five decades of settled law and ended a constitutional right to abortion. (continued)

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