Judge Alito’s home flew an upside-down American flag after Trump’s ‘Stop the Steal’ claims, according to a report

WASHINGTON — An upside-down American flag, a symbol linked to former President Donald Trump’s false claims of election fraud, was displayed outside Supreme Court Justice Samuel Alito’s home in January 2021, The New York Times reported.

A photo obtained and published by the newspaper on Thursday shows the flag flying on January 17, 2021, days after Republican supporters stormed the US Capitol on January 6, 2021 to prevent Democrat Joe Biden’s victory confirmed. Dozens of pro-Trump rioters carried similar upside-down flags and chanted slogans such as “Stop the Steal.”

The report could raise concerns about Alito’s impartiality as the court considers two key issues related to the attack on the Capitol, including charges against the rioters and whether Trump has immunity from prosecution on the grounds of allegations of election interference. The judge said the flag was placed there by his wife amid a dispute with neighbors.

Democratic Sen. Dick Durbin of Illinois, chairman of the Senate Judiciary Committee, called on Alito on Friday to recuse himself from cases related to the 2020 election and the Jan. 6 insurrection at the Capitol.

“Flying an upside-down American flag – a symbol of the so-called ‘Stop the Steal’ movement – ​​clearly creates the appearance of bias,” Durbin said in a statement.

Republican Senator Tom Cotton of Arkansas, meanwhile, called the report an attempt to “intimidate judges” in a social media post.

It comes as another conservative judge, Clarence Thomas, has ignored calls to recuse himself from cases related to the 2020 election because of his wife, Ginni Thomas’s, support for Trump, and because of public confidence in the Supreme Court is at its lowest point in at least 50 years. Legal experts said the flag clearly violates ethics rules designed to prevent even the appearance of bias.

At the time the flag flew, the court was still considering whether to hear cases related to the 2020 election. Ultimately, they were rejected due to dissents from three conservative justices, including Alito, who was appointed by Republican President George W. .Bush. He wrote that the court’s consideration of the cases would have no impact on the 2020 election but would be “invaluable for future elections.”

Alito acknowledged the presence of the flag at his home in Alexandria, Virginia, but said he had “no involvement whatsoever in raising the flag.”

“It was briefly posted by Ms. Alito in response to a neighbor’s use of offensive and personally offensive language on yard signs,” Alito said in an emailed statement to the newspaper.

Martha-Ann Alito had argued with another family in the neighborhood over an anti-Trump sign on their lawn, and neighbors also interpreted the flag as a political statement, the Times reported. It is unclear how long the flag flew.

Legal codes of ethics focus on the need for judges to be independent, avoiding political statements or opinions on matters they could decide. The Supreme Court has long been without its own code of ethics, but adopted one in November 2023 despite continued criticism over secret trips and gifts from wealthy benefactors to some judges. However, the code lacks an enforcement instrument.

Amanda Frost, a law professor at the University of Virginia, told the newspaper that waving the flag upside down is “the equivalent of putting a ‘Stop the Steal’ sign in your yard, which is a problem when you’re making decisions about elections. fallen.”

Even if it was placed by his wife or someone else who lived in the house, “he shouldn’t have it in his yard as his message to the world,” she said.

The Supreme Court has warned its employees against public statements that indicate partisan leanings, the newspaper reported. The court did not respond to questions about whether these rules apply to judges.

The U.S. Flag Code states that the U.S. flag shall not be flown upside down “except as a signal of dire distress in cases of extreme danger to life or property.” It has been used as a protest symbol on a range of issues by both the left and right in recent decades. It became a symbol of Trump’s “Stop the Steal” campaign, as he spread false claims that the election he lost to Biden had been stolen.