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Justice Alito’s controversial flags, mixed reaction from lawmakers

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A recent New York Times report has ignited controversy surrounding Supreme Court Justice Samuel Alito’s display of an upside-down American flag at his home. The flag, a traditional sign of political dissent, appeared on Alito’s front lawn in January 2021, just days before President Joe Biden’s inauguration, according the Times.

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The flag incident

The upside-down flag became a popular symbol among former President Donald Trump’s supporters contesting President Biden’s victory. However, Alito maintains that he had no involvement in flying the flag in that manner. Instead, he attributes it to a dispute between his wife, Martha-Ann Alito, and their neighbors. Mrs. Alito reportedly hung the flag “for a short time” as a response to verbal attacks from neighbors, according to Alito who spoke with Fox News’ Shannon Bream.

According to their interview, the situation escalated when a neighbor put up an offensive sign personally addressing Mrs. Alito and blaming her for the Jan. 6 attacks. Justice Alito and his wife engaged in a heated exchange with the neighbor, during which vulgar language was used. Alito acknowledges that some neighbors on his street are “very political,” and the incident occurred during a tense period in early 2021.

Calls for recusal

Alito’s critics, primarily Democrats, argue that the flag incident could compromise his impartiality in current cases before the Supreme Court. Sen. Dick Durbin, D-Ill., called for Alito’s immediate recusal from cases related to the 2020 election and the Jan. 6 insurrection. 

House Minority Leader Hakeem Jeffries, D-N.Y., went further, demanding an apology from Alito for “disrespecting the American flag” and “sympathizing with right-wing violent insurrectionists.”

Republican response

Republican leaders largely dismissed the Times’ report, viewing it as part of ongoing media scrutiny of the conservative-leaning bench. While some acknowledge that the optics are unfavorable, they resist calls for recusal.

“There are nonstop attacks on the Supreme Court week after week,” Senate Minority Leader Mitch McConnell, R-Ky., said. “I don’t think he should be recused, but it does create a bad image.”

Additional flag controversy

The New York Times also published a report on Wednesday, May 22, about a newly discovered photo of a white flag with a pine tree and the words “An Appeal to Heaven,” flying outside Alito’s beach house in New Jersey during the summer of 2023.

The flag has ties to Trump supporters as well. Photos show the same flag being carried during the Jan. 6 riots.

More reaction from lawmakers

The controversy surrounding the “Appeal to Heaven” flag at Justice Alito’s home has drawn significant attention and similar reactions from lawmakers on the controversy.

Dozens of Democrats have signed a joint letter urging Justice Alito to recuse himself from cases related to the Jan. 6 events. Meanwhile, Republicans double down on calling it an effort to attack conservative justices.

“Samuel Alito and Clarence Thomas are totally out of control,” Jeffries said. “These individuals continue to detonate the credibility of the United States Supreme Court.”

“I think this entire hoopla is greatly overstated and I think there’s a concerted effort that is driven by Democrats in the Senate to try and delegitimize the court, demonize it, and we’re seeing it Clarence Thomas, Samuel Alito and I think its disgraceful,” Sen. Ted Cruz, R-Texas, said.

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A CONTROVERSIAL STORY IN THE NEWS CYCLE THIS WEEK –

A NEW YORK TIMES EXCLUSIVE.

SUPREME COURT JUSTICE SAMUEL ALITO HAD AN UPSIDE DOWN AMERICAN FLAG FLYING IN HIS FRONT YARD DAYS BEFORE BIDEN WAS SWORN INTO OFFICE.

THIS WAS FOLLOWED BY ANOTHER NEW YORK TIMES EXCLUSIVE.

AT A DIFFERENT PROPERTY OF JUSTICE ALITO’S – ANOTHER CONTROVERSIAL FLAG FLYING.

WE’RE GOING TO BREAK DOWN THE FULL CONTEXT OF THE STORY GARNERING A LOT OF REACTION.

THE NEW YORK TIMES REPORT SAYS “AN UPSIDE-DOWN FLAG, A POPULAR SYMBOL WITH TRUMP SUPPORTERS CONTESTING PRESIDENT BIDEN’S VICTORY, APPEARED ON JUSTICE ALITO’S FRONT LAWN IN JANUARY 2021.”

WHEN ASKED ABOUT THE FLAG – ALITO SAYS “IT WAS PART OF A DISPUTE THAT HIS WIFE, MARTHA-ANN ALITO, HAD WITH NEIGHBORS AND THAT HE HAD “NO INVOLVEMENT WHATSOEVER.”

ALITO DID AN OFF-CAMERA INTERVIEW WITH FOX NEWS’ SHANNON BREAM.

WHO RELAYED HIS ACCOUNT OF WHY THE FLAG WAS OUTSIDE IN A SERIES OF POSTS ON X.

SHE SAYS “I SPOKE DIRECTLY WITH JUSTICE ALITO ABOUT THE FLAG STORY IN THE NEW YORK TIMES. IN ADDITION TO WHAT’S IN THE STORY, HE TOLD ME A NEIGHBOR ON THEIR STREET HAD AN “F— TRUMP” SIGN THAT WAS WITHIN 50 FEET OF WHERE CHILDREN AWAIT THE SCHOOL BUS IN JANUARY 2021. MRS ALITO BROUGHT THIS UP WITH THE NEIGHBOR

According to Justice Alito, things escalated and the neighbor put up a sign personally addressing Mrs. Alito and blaming her for the Jan 6th attacks.

Justice Alito says he and his wife were walking in the neighborhood and there were words between Mrs. Alito and a male at the home with the sign.  Alito says the man engaged in vulgar language, “including the c-word”.

Following that exchange, Mrs. Alito was distraught and hung the flag upside down “for a short time”.  Justice Alito says some neighbors on his street are “very political” and acknowledges it was a very heated time in January 2021.

ALITO’S ANSWER – WAS INSUFFICIENT FOR HIS CRITICS.

THE TIMES’ REPORTED THAT  A SO-CALLED “STOP THE STEAL” SYMBOL “THAT FLEW AT THE HOME OF JUSTICE SAMUEL ALITO AFTER THE 2020 ELECTION HAS ELICITED CONCERNS FROM POLITICIANS, LEGAL SCHOLARS, AND OTHERS ABOUT THE SUPREME COURT’S ETHICAL STANDARDS.”

SOME DEMOCRATS SAY THE REVELATION COULD INTERFERE IN ALITO’S IMPARTIALITY TO CURRENT CASES THE HIGH COURT IS REVIEWING.

DEMOCRATIC SENATOR DICK DURBIN SAYS

“JUSTICE ALITO SHOULD RECUSE HIMSELF IMMEDIATELY FROM CASES RELATED TO THE 2020 ELECTION AND THE JANUARY 6 INSURRECTION.”

HOUSE MINORITY LEADER HAKEEM JEFFRIES SAYS “SAMUEL ALITO SHOULD APOLOGIZE IMMEDIATELY FOR DISRESPECTING THE AMERICAN FLAG AND SYMPATHIZING WITH RIGHT-WING VIOLENT INSURRECTIONISTS. HE MUST RECUSE HIMSELF FROM CASES INVOLVING THE 2020 ELECTION AND FORMER PRESIDENT DONALD TRUMP.”

REPUBLICAN LEADERS LARGELY DISMISS THE NEW YORK TIMES REPORT –

AS AN ONGOING THEME IN MEDIA COVERAGE SCRUTINIZING THE BENCH WITH A CONSERVATIVE MAJORITY.

WHILE SOME ADMIT – IT’S BAD OPTICS

“It seems to me there are just nonstop attacks on the supreme court week after week after week and so i’m not going to dignify that with a response.

I don’t know what happened in the neighborhood. I don’t think he should be recused.I THINK IT creates a bad image. Idk what happened, it created a situation we’re all talking about so i think it was a mistake.”

BUT THE FLAG CONTROVERSY DOESN’T STOP THERE.

THE NEW YORK TIMES OFFERED THE PUBLIC ANOTHER PHOTO OF A FLAG FLYING OUTSIDE OF ONE OF ALITO’S PROPERTIES –

TYING IT TO TRUMP SUPPORTERS AS WELL.

THE NEW YORK TIMES PUBLISHED THIS PHOTO OF A WHITE FLAG WITH A PINE TREE AND THE WORDS “AN APPEAL TO HEAVEN”–

FLYING OUTSIDE ALITO’S BEACHHOUSE IN NEW JERSEY FROM THE SUMMER OF 2023.

AND THEN THERE’S PHOTOS LIKE THESE –

SHOWING THE SAME FLAG BEING CARRIED DURING THE JANUARY SIXTH RIOTS.

THE TIMES REPORT SAID

“The disclosure about the new flag is troubling, several ethics experts said in interviews, because it ties Justice Alito more closely to symbols associated with the attempted election subversion on Jan. 6…

Judges are not supposed to give any impression of bias, yet the flag could be seen as telegraphing the Alitos’ views — and at a time when the justices were on the cusp of adopting a new ethics code.”

IN THEIR OWN WORDS – THE TIMES DESCRIBED THE CONTROVERSY OF THE FLAG.

“Since its creation during the American Revolution, the flag has carried a message of defiance: The phrase “appeal to heaven” comes from the 17th-century philosopher John Locke, who wrote of a responsibility to rebel, even use violence, to overthrow unjust rule. “

ALITO HASN’T YET RESPONDED TO THE TIMES LATEST REPORT.

THE RESPONSE –

HAS LARGELY BEEN SIMILAR TO THE FIRST.

DOZENS OF DEMOCRATS HAVE SIGNED A JOINT LETTER TO ALITO URGING HIM TO RECUSE HIMSELF FROM JANUARY SIXTH RELATED CASES.

WHILE REPUBLICANS DOUBLE DOWN – ON THE LATEST FLAG CONTROVERSY STORIES –

BEING AN EFFORT TO ATTACK CONSERVATIVE JUSTICES.

“Samuel alito and clarence thomas are totally out of control. These individuals continue to detonate the credibility of the united states supreme court.”

“I think this entire hoopla is greatly overstated and i think there’s a concerted effort that is driven by democrats inthe senate to try and deligtimize the court, demonize, we’re seeing it clarence thomas, alito, i think its disgraceful.”