U.S. Supreme Court Justice Samuel Alito finds himself amidst another flag controversy, just weeks after the previous one. This time, the controversy revolves around a banner that has become a symbol of support for the Christian nationalist movement and the debunked notion of the stolen 2020 presidential election.
According to The New York Times, several images obtained by the publication reveal that an “Appeal to Heaven” flag was flown outside Justice Alito’s beach vacation home in New Jersey last summer. The images captured the flag on various dates in July and September 2023. It was previously reported by The Times that an upside-down American flag, which is a symbol of distress, was flown outside Justice Alito’s home in Alexandria, Virginia, less than two weeks after the violent attack on the U.S. Capitol on January 6, 2021, by supporters of former President Donald Trump.
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- 1 WHAT ARE ITS ORIGINS?
- 2 HOW HAS ITS SYMBOLISM CHANGED?
- 3 WHAT ABOUT MIKE JOHNSON?
- 4 SHOULD ALITO RECUSE?
- 5 ANOTHER BLOW TO THE COURT’S REPUTATION
The rioters brandished the inverted American flag or the “Appeal to Heaven” flag, featuring a green pine tree on a white field. These recent revelations have heightened concerns about Alito’s fairness and his capacity to make impartial decisions on ongoing cases involving the Jan. 6 attackers and Trump’s endeavors to overturn the 2020 election results. Alito has remained silent regarding the flag displayed at his summer residence.
The history and symbolism of the “Appeal to Heaven” flag holds great significance.
WHAT ARE ITS ORIGINS?
According to Ted Kaye, the secretary of the North American Vexillological Association, an organization that studies flags and their meanings, the “Appeal to Heaven” banner has its origins in the Revolutionary War.
In 1775, George Washington led a fleet of six schooners that were equipped to intercept British vessels at sea. As they sailed under his command, these schooners proudly flew the flag. This particular flag went on to become the maritime flag of Massachusetts in 1776 and held that status until 1971.
The pine tree depicted on the flag of the New England colonies symbolized their strength and resilience, as explained by Americanflags.com. The words “Appeal to Heaven” were chosen based on the belief that God would intervene and save the colonists from tyranny.
HOW HAS ITS SYMBOLISM CHANGED?
According to Jared Holt, a senior analyst at the Institute for Strategic Dialogue, a London-based think tank that monitors online hate, disinformation, and extremism, there are several reasons why people choose to fly “Appeal to Heaven” flags today.
According to the expert, there are various factions within the fanbase of this movement. Some fans align themselves with the “patriot” movement, which places a strong emphasis on the Founding Fathers and the American Revolution. On the other hand, there are those who subscribe to a Christian nationalist worldview, which aims to promote Christianity’s influence in public affairs.
Holt stated that it is not entirely clear which of those reasons would be accurate in this situation. However, he expressed concern over the display outside Alito’s home, describing it as “alarming.” According to Holt, individuals who fly the flag often support more intolerant and restrictive forms of government that are aligned with a specific religious philosophy.
The Jan. 6 rioters carried a variety of flags, including the “Appeal to Heaven” flag, which represented the white Christian nationalist movement. Other religious banners, as well as the Confederate flag and the yellow Gadsden flag with its iconic rattlesnake and “Don’t Tread on Me” message, were also prominently displayed. Bradley Onishi, the author of “Preparing for War: The Extremist History of White Christian Nationalism,” highlighted these symbols used by the rioters.
“That’s the family,” he said, pointing towards them.
WHAT ABOUT MIKE JOHNSON?
House Speaker Mike Johnson proudly showcases the flag in the hallway outside his office, alongside the Louisiana state flag. According to him, he has been flying it “for as long as he can remember.”
Johnson, a Republican, admitted to The Associated Press that he was unaware of the flag’s association with the “Stop the Steal” movement.
“I’ve never heard that before,” he said.
The speaker, who spearheaded one of Trump’s legal challenges to the 2020 election, stands by the flag and its ongoing significance, despite the contemporary connotations associated with it.
“I have been using that flag for as long as I can recall, as I was greatly fascinated by the fact that Washington himself used it,” Johnson explained. “The Appeal to Heaven flag holds immense significance in American history. It is a symbol that I have always held in high regard since my youth.”
“People often misuse our symbols, but that doesn’t diminish their significance for us,” he emphasized.
Johnson stated that he had never flown the U.S. flag upside down in distress, like Alito did. He chose not to provide his opinion on the justice’s situation or the appropriateness of raising the flags at his home.
He dismissed the criticism of the “Appeal to Heaven” flag as contrived.
“It’s absolute nonsense,” he exclaimed. “These statues are an integral part of our history. We should not remove them or hide them away. They hold great significance and are essential to our national identity.”
SHOULD ALITO RECUSE?
According to a statement by House Democratic Whip Katherine Clark of Massachusetts, the presence of the “Appeal to Heaven” flag at a residence belonging to Alito is not simply another instance of extreme conservatism. It is viewed as a direct challenge to the rule of law and a significant violation of ethics, integrity, and Justice Alito’s sworn duty.
She urged Alito to abstain from participating in any cases concerning Jan. 6 and the former president.
According to Alicia Bannon, director of the Judiciary Program at the Brennan Center for Justice at New York University, there is a distinct contrast between the actions of the House speaker hanging the flag outside his office and a Supreme Court justice displaying an upside-down American flag outside his homes while the court is deliberating cases related to the issues that these flags represent.
According to Alito, his actions are not just crossing the line, but they are taking you out of the stadium and out of the parking lot.
Justice Alito and the court declined to comment on the origins and intended meaning of the “Appeal to Heaven” flag that was being flown.
According to Alito, his wife briefly flew the upside down American flag during a dispute with neighbors, and he was not involved in the incident.
ANOTHER BLOW TO THE COURT’S REPUTATION
Amidst the ongoing scrutiny, the Supreme Court finds itself in the spotlight as it navigates an array of exceptional cases involving former President Trump and individuals implicated in the Capitol insurrection.
The controversy revolves around the fact that the high court is not bound by the same ethics codes as other federal judges. While other federal judges follow strict guidelines, the Supreme Court has traditionally operated without its own code of ethics. However, in November 2023, the court adopted a code of ethics due to persistent criticism regarding undisclosed trips and gifts from wealthy individuals to certain justices, including Alito. Despite this development, the code lacks a mechanism for enforcement.
According to the federal code of judicial ethics, judges are not universally prohibited from engaging in nonpartisan or religious activities outside of their official duties. However, it is advised that judges should refrain from participating in extrajudicial activities that compromise the dignity of their office, disrupt their official responsibilities, or cast doubt on their impartiality.
Jeremy Fogel, the executive director of the Berkeley Judicial Institute at the University of California, Berkeley Law School, raised concerns about Justice Alito’s impartiality in cases related to January 6 or former President Trump due to the revelations about his partisan affiliations.
According to the expert, when a justice displays specific flags, it can give the impression that they agree with the viewpoints represented by those flags. This can be problematic, especially when there are ongoing cases before the court that involve those viewpoints.
According to a poll conducted in March by AP/NORC, approximately 25% of Americans believe that the Supreme Court is effectively upholding democratic values. On the other hand, about 45% of respondents feel that the court is performing poorly in this regard.
According to Tony Carrk, the executive director of Accountable.US, a progressive watchdog organization, the controversy highlights the necessity for additional measures to strengthen the court’s ethics code.
He stated that the reason for the decline in confidence and credibility among the American people towards the Supreme Court is significant.
