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.
