From the AP:
“Justice Alito’s home flew a
US flag upside down after Trump’s ‘Stop the Steal’ claims, a report says”
An upside-down American flag, a
symbol associated with former President Donald Trump’s false claims of election
fraud, was displayed outside the home of Supreme Court Justice Samuel Alito in
January 2021, The New York Times reported.
A photo obtained and published by
the newspaper on Thursday shows the flag flying on Jan. 17, 2021, days after
the Republican’s supporters stormed the U.S. Capitol on Jan. 6, 2021, to try to
prevent certification of Democrat Joe Biden’s presidential election victory.
Dozens of the pro-Trump rioters were carrying similarly inverted flags and
chanting slogans like “Stop the Steal.”
The report could raise concerns
about Alito’s impartiality as the court considers two major cases related to
the Capitol attack, including charges faced by the rioters and whether Trump
has immunity from prosecution on election interference charges. The justice
said the flag was placed there by his wife amid a dispute with neighbors.
Democratic Sen. Dick Durbin of
Illinois, chair of the Senate Judiciary Committee, called on Alito to recuse
himself Friday from cases related to the 2020 election and the Jan. 6 Capitol
insurrection. “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 Sen. Tom Cotton of Arkansas, meanwhile, called
the report an attempt to “intimidate justices,” in a social-media post. It
comes as another conservative justice, Clarence Thomas, has ignored calls to
recuse himself from cases related to the 2020 election over his wife, Ginni
Thomas’, support for Trump and as public trust in the Supreme Court is at its
lowest point in at least 50 years. Judicial experts said the flag clearly
violates ethics rules set to avoid even the appearance of bias.
At the time the flag was flying,
the court was still considering whether to take up cases over the 2020
election. It ultimately rejected them over dissent from three conservative
justices, including Alito, who was appointed by President George W. Bush, a
Republican. He wrote that the court’s consideration of the cases would have no
impact on the 2020 election but “would provide invaluable guidance for future
elections.” Alito acknowledged the presence of the flag at his home in
Alexandria, Virginia, but said he had “no involvement whatsoever in the flying
of the flag.” “It was briefly placed by Mrs. Alito in response to a neighbor’s
use of objectionable and personally insulting language on yard signs,” Alito
said in an emailed statement to the newspaper. Martha-Ann Alito had been in a
dispute 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’s unclear how long the flag was flying.
Judicial ethics codes focus on
the need for judges to be independent, avoiding political statements or
opinions on matters they could be called on to decide. The Supreme Court had
long gone without its own code of ethics, but it adopted one in November 2023
in the face of sustained criticism over undisclosed trips and gifts from
wealthy benefactors to some justices. The code lacks a means of enforcement,
however.
Amanda Frost, a law professor at
the University of Virginia, told the newspaper that flying the flag upside down
is “the equivalent of putting a ‘Stop the Steal’ sign in your yard, which is a
problem if you’re deciding election-related cases.” Even if it was placed by
his spouse or someone else living in the home, “he shouldn’t have it in his
yard as his message to the world,” she said.
The Supreme Court has warned its
employees about public displays indicating partisan leanings, the newspaper
reported. The court did not respond to questions about whether those rules
apply to justices.
The U.S. Flag Code states that
the American flag is not to be flown upside down “except as a signal of dire
distress in instance of extreme danger to life or property.” It has been used
as a protest symbol on both the left and the right on a range of issues over
the decades. It took off as a symbol of Trump’s “Stop the Steal” campaign as he
spread false claims that the election he lost to Biden had been stolen.
^ This is just plain disgusting.
To have any American fly the American Flag upside down is wrong, but to have a
Member of the US Supreme Court fly the American Flag upside down is sickening.
Alito’s excuse (his Wife and a
disagreement with a Neighbor) only shows how impartial Alito can’t be in any
Court Cases regarding Trump or January 6th. ^
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