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Why Samuel Alito recused himself in Laura Loomer Supreme Court case

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The Supreme Court on Monday declined to take up an appeal from Laura Loomer, the far-right personality and ally of President Donald Trump, in a lawsuit she filed against social media companies.

The justices did not explain why they decided not to hear the case. But a brief order said that Justice Samuel Alito “took no part in the consideration or decision of this petition.”

The reason for his recusal was not provided, but it is likely because he owns stock in Procter & Gamble (P&G), which is listed as a defendant in the lawsuit, according to advocacy group Fix the Court.

Newsweek has contacted a court spokesperson for comment via email. Loomer has been contacted for comment via social media.

Why It Matters

Federal law requires Supreme Court justices to recuse themselves from cases in which their “impartiality might reasonably be questioned.” The nation’s highest court also adopted an ethics code to guide the justices after fierce criticism over undisclosed gifts, trips and other scandals, although there is no real means of enforcing either.

Supreme Court justices decide for themselves whether and when to recuse from a case and, in rare examples, a party to a case will ask a justice to recuse.

What To Know 

Loomer filed the lawsuit against Meta, X and others, alleging the companies violated civil racketeering laws by removing her from the platforms as she ran for Congress in Florida in 2020 and 2022. 

She was banned from Facebook in 2019 and from X, then known as Twitter, in 2018, but her account on the latter platform was reinstated after Elon Musk bought the company.

In a complaint, her attorneys alleged “a conspiracy involving government pressure, corporate collusion and biased content moderation” that “stifled” Loomer’s ability to “communicate with voters, raise funds, and compete in federal elections.”

It also alleged P&G provided Meta, then known as Facebook, with a list of individuals, including Loomer, to be banned from the platform “unless they publicly disavowed affiliation with the Proud Boys” and threatened to withdraw advertising if they were not.

Loomer repeatedly lost in lower courts.

The Proud Boys is an American far-right, neo-fascist militant organization that promotes political and cultural violence.

The 9th U.S. Circuit Court of Appeals earlier this year agreed with a federal judge’s decision to dismiss the Loomer case, saying there was no plausible argument the companies had violated the Racketeer Influenced and Corrupt Organizations Act.

The federal judge ruled that Loomer’s claims against Meta and X were barred because previous lawsuits had already addressed the same underlying facts and that both companies were protected from liability for their content moderation decisions under Section 230 of the Communications Decency Act of 1996.

Meta, X and P&G waived their right to respond to Loomer’s petition.

What People Are Saying 

Laura Loomer wrote on X on Monday, in part: “If the Supreme Court isn’t willing to address Big Tech supremacy & election interference NOW, then when? We can’t allow Big Tech to wield more power than the President of the United States & to silence the voices of the American people.”

She added: “Today is a sad day in US history, but I will keep fighting for free speech & I will keep fighting for accountability from Big Tech for the American People, President Trump & his supporters, because TRUTH AND JUSTICE matter!” 

What’s Next

The Supreme Court’s new term began on Monday with the court rejecting more than 800 pending appeals.

Oral arguments in several cases are set for this week, including a case challenging the legality of Colorado’s ban on LGBTQ+ conversion therapy.

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