Samuel Alito flag display controversy: Difference between revisions

[[File:Samuel Alito official photo.jpg|thumb|upright|[[Samuel Alito]] in 2007]]

On May 16, 2024, ''[[The New York Times]]'' reported that an upside-down [[flag of the United States|American flag]] was flown outside of the residence of [[Supreme Court of the United States|United States Supreme Court]] justice [[Samuel Alito]] in [[Alexandria, Virginia]]. The upside-down flag was used as a symbol displayed by supporters of former president [[Donald Trump]] during the [[January 6 United States Capitol attack|January 6 Capitol attack]] and utilized by members of the [[Stop the Steal]] movement, a campaign to [[Attempts to overturn the 2020 United States presidential election|attempt to overturn the 2020 presidential election]]. On May 22, the ''Times'' reported a second incident involving the [[Pine Tree Flag]] at Alito's beach house on [[Long Beach Island]] in [[New Jersey]]. The Pine Tree Flag has been used by [[Christian nationalism|Christian nationalists]] and was carried during the Capitol attack. The flag displays incited controversy in the United States, including questions of judicial impartiality; the Supreme Court received an appeal regarding the judgment in ''[[Fischer v. United States|United States v. Fischer]]'' (2023), a case involving the January 6 Capitol attack, during the second incident.

==Background==

===Ethical conduct of the Supreme Court===

{{See also|Code of Conduct for Justices of the Supreme Court of the United States}}

==Flag displays==

===Alexandria residence===

On May 16, 2024, ''[[The New York Times]]'' published an article by [[Jodi Kantor]] reporting that an upside-down [[flag of the United States|American flag]] was flown outside of Alito's residence in [[Alexandria, Virginia]]. The flag was flown after the [[January 6 United States Capitol attack|January 6 Capitol attack]] and while the Supreme Court was considering an appeal to ''Republican Party of Pennsylvania v. Degraffenreid'' (2020) and ''Corman v. Pennsylvania Democratic Party'' (2020); Alito, in a minority decision, dissented the denial of ''certiorari''. Neighbors of the Alitos interpreted the upside-down flag as a political statement; the upside-down American flag was displayed during the Capitol attack and used by members of the [[Stop the Steal]] movement, a campaign to [[Attempts to overturn the 2020 United States presidential election|attempt to overturn the 2020 presidential election]]. According to interviews conducted by the ''Times'', Alito's wife Martha-Ann was involved in a dispute in their neighborhood over signs critical of former president [[Donald Trump]]. An email obtained by ''The New York Times'' states the flag was visible for several days.<ref name="NYTimesInfoAlexandria">{{Cite web |url=https://www.nytimes.com/2024/05/16/us/justice-alito-upside-down-flag.html |title=At Justice Alito's House, a 'Stop the Steal' Symbol on Display |date=May 16, 2024 |last=Kantor |first=Jodi |author-link=Jodi Kantor |work=[[The New York Times]] |access-date=May 22, 2024}}</ref> ''[[The Washington Post]]'' was aware of the upside-down flag in January 2021, but did not report on it at the time.<ref>{{Cite web |url=https://www.washingtonpost.com/politics/2024/05/25/alito-flag-martha-ann-washington-post/ |title=Wife of Justice Alito called upside-down flag 'signal of distress' |date=May 25, 2024 |last1=Jouvenal |first1=Justin |last2=Marimow |first2=Ann |work=[[The Washington Post]] |access-date=May 25, 2024}}</ref>

===Long Beach Island residence===

On May 22, ''The New York Times'' published a second article by Kantor, Aric Toler, and Julie Tate reporting that the [[Pine Tree Flag]] was flown outside of Alito's beach house on [[Long Beach Island]] in [[New Jersey]] from July to September 2023. During the flag's presence, the Supreme Court was considering the appeal in ''[[Fischer v. United States|United States v. Fischer]]'' (2023), a case involving the January 6 Capitol attack.<ref>{{Cite web |url=https://www.nytimes.com/2024/05/22/us/justice-alito-flag-appeal-to-heaven.html |title=Another Provocative Flag Was Flown at Another Alito Home |date=May 22, 2024 |last1=Kantor |first1=Jodi |last2=Toler |first2=Aric |last3=Tate |first3=Julie |author-link1=Jodi Kantor |work=[[The New York Times]] |access-date=May 26, 2024}}</ref>

==Responses and analysis==

===Alito's response===

Alito, responding to ''[[The New York Times]]'', stated he had no involvement in the hoisting of the upside-down American flag.<ref name="NYTimesInfoAlexandria"/> Alito reiterated that the flag was flown in response to a dispute with a neighbor in an interview with [[Fox News]],<ref name="USATodayInfoAlexandria">{{Cite web |url=https://www.usatoday.com/story/news/politics/elections/2024/05/17/justice-alito-upside-down-flag-outside-house/73730575007/ |title=Alito and the upside down flag: What the symbol means to 'stop the steal' crowd |date=May 17, 2024 |last=Groppe |first=Maureen |work=[[USA Today]] |access-date=May 22, 2024}}</ref> clarifying his wife was concerned with a "Fuck Trump" sign. Alito told Fox News host [[Shannon Bream]] that the neighbor blamed him for the [[January 6 United States Capitol attack|January 6 Capitol attack]] and called her a [[cunt]].<ref name="TNRDoubt">{{Cite web |url=https://newrepublic.com/post/181725/samuel-alito-upside-down-flag-explanation |title=Samuel Alito Can't Even Lie Properly About That Upside-Down Flag |date=May 17, 2024 |last=Jane |first=Talia |work=[[The New Republic]] |access-date=May 22, 2024}}</ref>

===Democratic response===

[[White House]] press secretary [[Karine Jean-Pierre]] declined to comment on the incident, but stated president [[Joe Biden]] believes in the sacrality of the American flag.<ref>{{Cite web |url=https://www.theguardian.com/law/live/2024/may/17/supreme-court-alito-trump-election-updates?page=with%3Ablock-6647ac408f08fcbf82832811#block-6647ac408f08fcbf82832811 |title=White House spokesperson declines comment on reports of Alito flying flag associated with Trump support |date=May 17, 2024 |work=[[The Guardian]] |access-date=May 22, 2024}}</ref> [[United States Senate Committee on the Judiciary|Senate Committee on the Judiciary]] chairman [[Dick Durbin]] requested Alito's recusal from cases involving the January 6 Capitol attack or the [[2020 United States presidential election|2020 presidential election]].<ref>{{Cite web |url=https://thehill.com/homenews/senate/4670536-durbin-calls-for-alito-recusal-from-jan-6-cases-over-upside-down-flag-flew-at-his-home/ |title=Durbin calls for Alito recusal from Jan. 6 cases over upside-down flag that flew at his home |date=May 17, 2024 |last=Weaver |first=Al |work=[[The Hill (magazine)|The Hill]] |access-date=May 22, 2024}}</ref> Senate Judiciary Committee member [[Richard Blumenthal]] raised concerns on [[MSNBC]] about the credibility of the Supreme Court.<ref>{{Cite web |url=https://www.theguardian.com/law/live/2024/may/17/supreme-court-alito-trump-election-updates?page=with%3Ablock-6647617c8f08929da1ce8ddc#block-6647617c8f08929da1ce8ddc |title=In an appearance on MSNBC this morning, Richard Blumenthal, a Democratic senator who serves on the judiciary committee, said the revelation that a pro-Trump flag flew outside Samuel Alito's house further undermines the supreme court’s credibility. |date=May 17, 2024 |work=[[The Guardian]] |access-date=May 22, 2024}}</ref> Senator [[Brian Schatz]] referred to the upside-down flag incident as a "wild, radical thing" for Alito to have conducted.<ref>{{Cite web |url=https://www.theguardian.com/law/live/2024/may/17/supreme-court-alito-trump-election-updates?page=with%3Ablock-664783768f08fcbf828325b2#block-664783768f08fcbf828325b2 |title=Hawaii senator says reported Alito flag incident 'a wild, radical thing' to do |date=May 17, 2024 |work=[[The Guardian]] |access-date=May 22, 2024}}</ref> Senate Judiciary Committee members [[Sheldon Whitehouse]] and [[Peter Welch]] expressed outrage.<ref name="WaPoReactions">{{Cite web |url=https://www.washingtonpost.com/politics/2024/05/23/new-alito-flag-report-triggers-fresh-democratic-outrage/ |title=New Alito flag report triggers fresh Democratic outrage |date=May 23, 2024 |last1=Meyers |first1=Theodoric |last2=Caldweld |first2=Leigh Ann |work=[[The Washington Post]] |access-date=May 25, 2024}}</ref>

House minority leader [[Hakeem Jeffries]]<ref>{{Cite web |url=https://www.washingtonpost.com/politics/2024/05/17/justice-samuel-alito-wife-upside-down-flag/ |title=Upside-down flag flew at Justice Alito's house after neighbor dispute |date=May 17, 2024 |last1=Jouvenal |first1=Justin |last2=Marimow |first2=Ann |work=[[The Washington Post]] |access-date=May 22, 2024}}</ref> and representative [[Alexandria Ocasio-Cortez]] called for Alito's recusal.<ref>{{Cite web |url=https://www.theguardian.com/us-news/article/2024/may/23/aoc-samuel-alito-flag-supreme-court |title=Leading Democrats demand Alito face investigation after second report of far right-linked flag |date=May 23, 2024 |last1=Sainato |first1=Michael |last2=Stein |first2=Chris |work=[[The Guardian]] |access-date=May 26, 2024}}</ref> Representative [[Jerry Nadler]] stated the Supreme Court should be term-limited and a code of ethics should be enforced;<ref>{{Cite web |url=https://thehill.com/homenews/house/4672138-jerry-nadler-samuel-alito-upside-down-flag-supreme-court-ethics/ |title=Nadler questions Supreme Court ethics after Alito flag debacle: 'None of them have clean hands' |last=Timotija |first=Filip |work=[[The Hill (magazine)|The Hill]] |access-date=May 22, 2024}}</ref> representative [[Jamie Raskin]] called for an ethics panel.<ref>{{Cite web |url=https://thehill.com/homenews/house/4672779-jamie-raskin-upside-down-flag-samuel-alito-supreme-court/ |title=Raskin on upside-down flag at Alito home: 'It's a very clear conflict of interest' |date=May 19, 2024 |last=Sforza |first=Lauren |work=[[The Hill (magazine)|The Hill]] |access-date=May 26, 2024}}</ref> [[United States House Committee on the Judiciary|House Committee on the Judiciary]] member [[Steve Cohen (politician)|Steve Cohen]] introduced a resolution to censure Alito.<ref>{{Cite web |url=https://thehill.com/homenews/house/4679261-democrat-steve-cohen-introduces-justice-samuel-alito-censure-resolution-over-upside-down-flag/ |title=Democrat introduces Alito censure resolution over upside-down flag |last=Sforza |first=Lauren |work=[[The Hill (magazine)|The Hill]] |access-date=May 22, 2024}}</ref> Forty-five representatives, joined by ranking member of the House Judiciary Committee [[Hank Johnson]], signed a letter requesting Alito's recusal.<ref>{{Cite web |url=https://www.washingtonpost.com/politics/2024/05/21/alito-wife-flag-recuse-clarence-thomas/ |title=House Democrats call on Justice Alito to recuse after flag controversy |date=May 21, 2024 |last1=Jouvenal |first1=Justin |last2=Marimow |first2=Ann |work=[[The Washington Post]] |access-date=May 22, 2024}}</ref>

The flag displays were condemned by the [[Indivisible movement]]. [[Demand Justice]] aired an advertisement seeking Congress investigate Alito.<ref name="WaPoReactions"/>

===Republican response===

Former vice president [[Mike Pence]] offered praise for Alito flying the Pine Tree Flag.<ref>{{Cite web |url=https://www.usatoday.com/story/news/politics/elections/2024/05/24/mike-pence-appeal-to-heaven-flag-alito-jan-6/73839162007/ |title=Mike Pence was a Jan. 6 target. He says criticizing Alito's flag is 'absurd' |date=May 24, 2024 |last=Groppe |first=Maureen |work=[[USA Today]] |access-date=May 26, 2024}}</ref> Senate minority leader [[Mitch McConnell]] downplayed the upside-down flag incident.<ref>{{Cite web |url=https://www.cnn.com/2024/05/22/politics/video/gop-lawmakers-mix-reaction-judge-alito-flag-controversy-cnntm-digvid |title=See how GOP lawmakers reacted to Judge Alito's flag controversy |date=May 22, 2024 |publisher=[[CNN]] |access-date=May 22, 2024}}</ref> Senator [[Tom Cotton]] described the controversy as an intimidation attempt.<ref>{{Cite web |url=https://apnews.com/article/supreme-court-flag-stop-steal-alito-trump-9a32d658f5c5baa2bacba25bce7c48cd |title=Justice Alito's home flew a US flag upside down after Trump's 'Stop the Steal' claims, a report says |date=May 17, 2024 |last=Whitehurst |first=Lindsay |publisher=[[Associated Press]] |access-date=May 22, 2024}}</ref> Senator [[Lindsey Graham]] stated hoisting the upside-down flag was "not good judgment".<ref>{{Cite web |url=https://thehill.com/homenews/senate/4676700-lindsey-graham-says-upside-down-flag-at-alito-home-not-good-judgement/ |title=Graham on upside-down flag at Alito home: 'Not good judgment' |last=Timotija |first=Filip |work=[[The Hill (magazine)|The Hill]] |access-date=May 22, 2024}}</ref>

===Legal response===

According to legal experts interviewed by ''[[The New York Times]]'', the incidents violate the [[Code of Conduct for Justices of the Supreme Court of the United States]].<ref>{{Cite web |url=https://www.nytimes.com/2024/05/17/us/alito-stop-steal-flag-ethics.html |title=What Do Judicial Rules Say About Alito and a 'Stop the Steal' Symbol? |date=May 17, 2024 |last=VanSickle |first=Abbie |work=[[The New York Times]] |access-date=May 22, 2024}}</ref> [[University of Virginia]] law professor Amanda Frost compared the upside-down American flag to a [[Stop the Steal]] sign in a statement to ''The New York Times''.<ref name="NYTimesInfoAlexandria"/> [[Washington University School of Law]] legal ethics professor Kathleen Clark told ''[[USA Today]]'' argued the upside-down flag constituted political activity. [[Brennan Center for Justice]] director Alicia Bannon posted on [[Twitter|X]] that Alito should recuse himself.<ref name="USATodayInfoAlexandria"/> [[Indiana University Maurer School of Law]] professor Charles Geyh anticipated Alito would not recuse himself, adding the flag displays question how the Supreme Court is perceived and its impartiality.<ref>{{Cite web |url=https://www.nbcnews.com/politics/supreme-court/sen-dick-durbin-says-justice-alito-recuse-trump-cases-upside-flag-rcna152739 |title=Sen. Dick Durbin says Justice Alito should recuse in Trump cases because of upside-down flag |date=May 17, 2024 |last1=Shabad |first1=Rebecca |last2=Hurley |first2=Lawrence |publisher=[[NBC News]] |access-date=May 22, 2024}}</ref> In an interview on [[CNN]], former district judge [[John E. Jones III]] admonished Alito.<ref>{{Cite web |url=https://www.cnn.com/2024/05/17/politics/video/justice-alito-inverted-us-flag-judge-jones-nr-digvid |title=Justice Alito gives explanation for flying inverted American flag at home |date=May 17, 2024 |publisher=[[CNN]] |access-date=May 22, 2024}}</ref>

[[New York University School of Law]] legal ethics professor [[Stephen Gillers]] supported Alito's narrative, questioning his awareness of the flag's presence or its association with the Stop the Steal movement.<ref name="USATodayInfoAlexandria"/> Citing precedent in [[Ruth Bader Ginsburg]]'s involvement in cases with former president [[Donald Trump]] as a party despite referring to him as a "faker", the informality of recusal, and Alito's narrative, [[Emory University School of Law]] professor [[Michael Broyde]] argued against Alito's recusal in an article for [[CNN]].<ref>{{Cite web |url=https://www.cnn.com/2024/05/24/opinions/samuel-alito-flag-recusal-supreme-court-broyde/index.html |title=3 reasons why Alito’s flag controversy doesn’t warrant his recusal |date=May 24, 2024 |last=Broyde |first=Michael |author-link=Michael Broyde |publisher=[[CNN]] |access-date=May 26, 2024}}</ref>

===Media response===

Alito's claim was questioned by ''[[Slate (magazine)|Slate]]''.<ref>{{Cite web |url=https://slate.com/news-and-politics/2024/05/samuel-alito-upside-down-flag-supreme-court-justice-january-6-donald-trump.html |title=Alito Says Wife Signaled Support for Overturning 2020 Election Because of Argument With Rude Neighbor |date=May 17, 2024 |last=Mathis-Lilley |first=Ben |work=[[Slate (magazine)|Slate]] |access-date=May 22, 2024}}</ref> ''[[The New Republic]]'' cited deputy chief of staff for [[Don Beyer]] Aaron Fritschner, who noted that elementary schools in [[Alexandria, Virginia]], were closed due to the [[COVID-19 pandemic in the United States|COVID-19 pandemic]] when the flag was present. ''[[Vanity Fair (magazine)|Vanity Fair]]'' wrote Alito "doesn't give a fuck". ''The New York Times''{{'}}s [[Michael Barbaro]] noted Alito did not reject the upside-down flag in his response.<ref>{{Cite web |url=https://www.vanityfair.com/news/story/samuel-alito-didnt-give-a-f-k-then-and-he-doesnt-give-a-f-k-now |title=Samuel Alito Didn’t Give a F--k Then and He Doesn’t Give a F--k Now |date=May 17, 2024 |last=Levin |first=Bess |work=[[Vanity Fair (magazine)|Vanity Fair]] |access-date=May 22, 2024}}</ref> The comparison between Alito's response and senator [[Bob Menendez]] blaming his wife for accepting bribes was made by [[CNN]]'s Zachary B. Wolf<ref>{{Cite web |url=https://www.cnn.com/2024/05/18/politics/politicians-blaming-wives-what-matters/index.html |title=The Mrs. defense: powerful men blaming their wives |date=May 18, 2024 |last=Wolf |first=Zachary |publisher=[[CNN]] |access-date=May 22, 2024}}</ref> and ''[[The New York Times]]''.<ref>{{Cite web |url=https://www.nytimes.com/2024/05/17/us/politics/alito-menendez-wives-blame.html |title=Take My Wife, Please: For Political Damage Control, Just Blame Your Spouse |date=May 17, 2024 |last1=O'Brien |first1=Rebecca |last2=Epstein |first2=Reid |work=[[The New York Times]] |access-date=May 26, 2024}}</ref>

Ed Pilkington of ''[[The Guardian]]'' cast doubt on the impartiality of the Supreme Court.<ref>{{Cite web |url=https://www.theguardian.com/law/article/2024/may/18/samuel-alito-flag-supreme-court-ethics-election |title=Red flag? Samuel Alito scandal casts further doubt on supreme court’s impartiality |date=May 18, 2024 |last=Pilkington |first=Ed |work=[[The Guardian]] |access-date=May 22, 2024}}</ref> [[Stephen Colbert]] joked about Alito blaming his wife on ''[[The Late Show with Stephen Colbert|The Late Show]]''.<ref>{{Cite web |url=https://www.nytimes.com/2024/05/21/arts/television/stephen-colbert-justice-alito.html |title=Stephen Colbert Slams Justice Alito for Using His Wife as a Scapegoat |date=May 21, 2024 |last=Bendix |first=Trish |work=[[The New York Times]] |access-date=May 26, 2024}}</ref> Following the second report, [[Michael Kosta]] quipped on ''[[The Daily Show]]'' that Alito got a "two-for-one deal at the [[MAGA]] flag store".<ref>{{Cite web |url=https://www.nytimes.com/2024/05/24/arts/television/late-night-samuel-alito-flag.html |title='The Daily Show' Skewers Samuel Alito Over Another Provocative Flag |date=May 24, 2024 |last=Bendix |first=Trish |work=[[The New York Times]] |access-date=May 26, 2024}}</ref>

==References==

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