Reports of two different flags flying outside Justice Samuel Alito’s homes have sparked a political firestorm and renewed interest in the Supreme Court’s ethics practices, as Democrats push legislation requiring the court to adopt a binding code of conduct and calling for the justice to recuse himself from cases involving former President Donald Trump and the Jan. 6, 2021, Capitol attack.
Alito, his wife and the two flags
This Article Includes
According to the New York Times, the justice denied any involvement in flying the flag outside his Virginia home in early 2021. In a statement to the Times, he explained that the flag was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs. The Supreme Court declined to comment on the “Appeal to Heaven” flag.
During the American Revolution, the “Appeal to Heaven” flag, also known as the Pine Tree flag, symbolized the resistance against British colonization. This flag was prominently displayed as the ensign of the cruisers commissioned by General Washington, as stated in a congressional report in 2006. The phrase “appeal to heaven” originated from the writings of 17th-century philosopher John Locke. In his Second Treatise of Government, Locke emphasized that when individuals or the entire population are deprived of their rights or subjected to an unjust exercise of power without any means of appeal on earth, they possess the freedom to appeal to heaven whenever they deem the cause significant enough.
In recent years, Christian nationalism has become closely linked to it.
Democrats call for Alito’s recusal from Jan. 6, Trump immunity cases
Senate Judiciary Committee Chairman, Dick Durbin of Illinois, has voiced his criticism towards Alito regarding the mentioned episodes. Durbin has gone as far as calling for Alito to recuse himself from Supreme Court cases involving an obstruction charge against Jan. 6 defendants and the issue of whether former President Donald Trump should be protected from criminal prosecution based on presidential immunity.
Durbin expressed his optimism that the Senate will address the legislation proposed by the Judiciary panel last year. This legislation seeks to make it mandatory for the Supreme Court to adopt a binding ethics code and establish effective procedures for addressing allegations of judicial misconduct.
“It’s about time for the highest court in the land to distance itself from the lowest standard of ethics,” he stated.
In November, all nine sitting justices of the Supreme Court signed a code of conduct. However, it is important to note that this code does not currently have an enforcement mechanism in place.
Forty-five House Democrats have urged Justice Alito to abstain from cases concerning the January 6 attack or the 2020 election. They penned a letter to him on Tuesday, expressing concerns that the presence of a political flag at his residence could potentially create an appearance of biased political leanings, regardless of his actual involvement in its display.
While many Republicans have come to the defense of Alito, there are those who have raised concerns about the display of the upside-down American flag.
According to Senator Lindsey Graham of South Carolina, the leading Republican on the Judiciary Committee, it is not a wise decision to act in such a manner. In a statement to reporters earlier this week, he expressed, “He mentioned that his wife was offended and became angry. While I believe this to be true, he still holds the position of a Supreme Court justice.”
GOP Senator Thom Tillis, representing North Carolina, expressed his view on the presence of a flag with political connotations. He acknowledged that it may not be the wisest decision to display such a flag. However, he also pointed out that there have been instances where other Supreme Court justices have held positions that he personally disagreed with.
He told reporters that if we are going to be intellectually honest about it, it is important to examine every instance where there is a hint of a political or ideological motivation.
Senate Minority Leader Mitch McConnell argued that the high court has been subject to relentless attacks.
According to the Kentucky Republican, it is crucial to let the Supreme Court work without interference. He emphasized the need to shield them from individuals who sought to cause harm by intruding into their neighborhoods.
Flag reports emerge as Supreme Court poised to release politically charged decisions
The New York Times recently reported that flags were displayed in January 2021 and the summer of 2023, revealing new information. This revelation comes at a crucial time as the Supreme Court approaches the end of its term and prepares to make decisions on various politically charged issues, such as abortion and guns. Additionally, the court’s rulings in two other cases could potentially impact former President Trump.
More than 350 defendants who allegedly took part in the Jan. 6 attack are facing charges under an obstruction statute. Trump himself has been charged with violating this law, which criminalizes the act of “corruptly” obstructing an official proceeding, as well as conspiracy to obstruct an official proceeding. He maintains his innocence on both counts.
The second case debates whether he can face criminal prosecution for his supposed actions during the 2020 election. Trump asserts that he should be granted broad immunity for his alleged official acts while in office. However, special counsel Jack Smith, who initiated the case against the former president, urges the Supreme Court to dismiss Trump’s arguments.
In the case of Jan. 6, if the U.S. Court of Appeals for the D.C. Circuit rules in favor of the Justice Department, their decision will remain unchanged. Similarly, in the immunity case, a panel of three judges from the D.C. Circuit unanimously dismissed Trump’s claims of being immune to federal prosecution.
If Alito decides not to recuse himself, he may opt to provide an explanation, much like he did previously in September. At that time, he declined the Democrats’ request to step aside from a tax case scheduled for argument in December. Alito had engaged in interviews with a Wall Street Journal editor and the couple’s attorney, David Rivkin, who is representing them in the tax case.
In a routine list of orders from the Supreme Court, Justice Alito wrote a four-page statement asserting that there is no legitimate justification for his recusal in this case.
