Chief Justice John Roberts has declined an invitation to meet with Democratic senators to talk about Supreme Court ethics and the controversy over flags that flew outside homes owned by Justice Samuel Alito.

Mr Roberts’ response came in a letter to the senators a day after Mr Alito separately wrote them and House members to reject their demands that he recuse from major Supreme Court cases involving former president Donald Trump and the January 6 rioters because of the flags, which are like those carried by rioters at the 2021 attack on the Capitol.

Senate Judiciary chairman Dick Durbin and Senator Sheldon Whitehouse, a member of the Judiciary panel, had written to Mr Roberts a week ago to ask for the meeting and also that Mr Roberts take steps to ensure that Mr Alito recuses himself from any cases before the court concerning the January 6 attack or former president Donald Trump’s attempts to overturn his 2020 election defeat.

Justices decide for themselves when to step aside from cases, Mr Roberts noted.

Mr Alito said he concluded nothing about the flags, both of which he said were flown by his wife outside their homes in Virginia and New Jersey, required his recusal.