Supreme Court Justice Samuel Alito has come under scrutiny after a photo of an upside-down American flag outside his home went viral.
Alito explained that his wife raised the flag as a response to a dispute with neighbors who were using offensive language and displaying crude yard signs after the Jan. 6 insurrection. The upside-down flag is a symbol of distress for the country and has been associated with the “Stop the Steal” movement initiated by former President Donald Trump.
Alito clarified that he had no part in displaying the flag and emphasized that it was a brief action taken by his wife. Despite the legality of flying the flag upside down, experts have suggested that Alito’s involvement may go against judicial ethics rules, which require justices to remain neutral and impartial.
Amanda Frost, a law professor at the University of Virginia, expressed concerns about the flag being seen as a political statement, similar to displaying a “Stop the Steal” sign. There are rules within the Supreme Court prohibiting employees from showing partisan support, but it is unclear if these rules extend to justices and their families.
Critics have called for Alito to recuse himself from cases related to the 2020 election, given the flag incident and his previous stance on election-related issues. The public’s confidence in the court’s impartiality has been questioned, with some suggesting that Alito’s involvement in such cases could create a perceived bias.
As the Supreme Court prepares to rule on a case regarding Trump’s immunity for actions taken on Jan. 6, concerns have also been raised about Justice Clarence Thomas potentially recusing himself due to his wife’s involvement in efforts to overturn the election results.
