Episode description

In a conversation he didn’t know was being recorded, embattled Supreme Court Justice Samuel Alito shared his private belief that his movement’s battle with secular forces in the country was a zero-sum contest of irreconcilable values. 

“One side or the other is going to win,” Alito says in secretly recorded audio. Alito was speaking at a reception for the Supreme Court Historical Society last Monday evening. "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. It's not like you can split the difference.”

Alito was responding to a question from Lauren Windsor, a progressive advocacy journalist and activist who regularly records conversations with Republicans and conservative movement leaders. 

Windsor is my guest on Deconstructed this week. We’re publishing the secret audio in partnership with Rolling Stone.

Windsor, who is making a documentary called “Gonzo for Democracy,” which will be out in the fall, reminded Alito that she had spoken with him a year earlier at the same event and wanted to ask him the same question. “What I asked you about was about the polarization in this country, about, like, how do we repair that rift?” she asked.

“Asking questions of judges, these are the most discreet people in public life. There’s a huge amount of secrecy around the Supreme Court decisions around justices,” Windsor tells Grim. “I’m asking the questions to try to expose true intent. And given that none of the justices will go to Congress, will make their views more publicly known, I feel that it’s of intense public interest to find out whether their decisions are guided by personal religious convictions that really have no place in our public life.”

Find full transcript at The Intercept.

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