CNN
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Justice Samuel Alito on Friday sought to fend off mounting criticism over reports that an upside-down American flag was displayed at his home in January 2021, telling Fox News that his wife displayed a symbol of discontent in response to a profane sign in her neighborhood. told.
Alito said a neighbor posted a sign near a school bus stop that read “Fuck Trump,” and later posted a sign attacking his wife, Martha Ann Alito. The judge told Fox that the Alitos got into an argument with a neighbor while they were out for a walk, and at one point the neighbor used the word “shit.” Then her wife held up an upside-down flag.
The report prompted a chorus of Democratic lawmakers and ethics experts to criticize the Supreme Court and deny Alito any lawsuits related to the 2020 presidential election and the January 6, 2021 attack on the U.S. Capitol. demanded that he withdraw.
The upside-down flag symbolized supporters of former President Donald Trump, who falsely claimed there was widespread fraud in the presidential election.
“This is not normal,” Democratic Minnesota Gov. Tim Walz told CNN on Friday. “It’s amazing to me that he had to have a Supreme Court justice explain why his wife was holding a flag upside down in response to a riot.”
The New York Times on Thursday published a photo of a flag it said was seen at the judge’s home in Alexandria, Virginia, on January 17, 2021, days before President Joe Biden’s inauguration.. Alito told the Times he was “not involved” in raising the flag and said it was in place “for a short period of time.”
There were few signs of political tension Friday in Alito’s quiet suburban neighborhood on the outskirts of Washington, D.C. Flagpoles were withered on leafy streets near the Potomac River. Neighbors who spoke to CNN said the Alitos were “great neighbors” and that Martha Ann Alito was “nice” and “kind.”
Neighbors interviewed by CNN said they remembered seeing the flag upside down, but didn’t know what it meant and there was no public reaction at the time.
“That’s her right,” one neighbor said, adding that if she wants to display the Gadsden flag or other symbols, she has the right to do so.
A Supreme Court spokesperson did not respond to CNN’s request for comment.
Democrats and court critics call for reversal
Mr. Alito’s explanation did not satisfy critics, who noted that the Supreme Court is hearing a case this year related to the fallout from the 2020 election.
Several Democratic lawmakers have called on Alito to recuse himself from lawsuits related to the 2020 election, including a lawsuit against President Trump for allegedly trying to overturn the election, but the Supreme Court has ruled that presidential immunity is limited. This is currently on hold as we consider what role it could play. Case.
Rep. Hank Johnson, a Georgia Democrat who serves on the House Judiciary Committee, described Alito and Justice Clarence Thomas as “MAGA comrades.”
“Due to apparent bias, Mr. Thomas and Mr. Alito will refrain from participating in the Supreme Court’s deliberations regarding Mr. Trump’s immunity claims and other issues arising from the January 6 riot,” Mr. Johnson said in a statement. We should,” he said. “Their refusal to veto will further erode public trust and confidence in the Supreme Court, and the court has a duty to uphold the rule of law.”
Sen. Dick Durbin, an Illinois Democrat and chairman of the Senate Judiciary Committee, said the case was “the latest evidence” that Congress should pass ethics reform for the high court.
“Holding an upside-down American flag, a symbol of the so-called ‘Stop the Steal’ movement, clearly gives the impression of bigotry,” Durbin said in a statement. “Judge Alito should immediately recuse himself from litigation related to the 2020 election and the January 6 riot, including the ex-president’s immunity issue.”
Republicans, at least initially, responded more mutedly or did not address the criticism.
Sen. Tom Cotton, Republican of Arkansas and member of the Judiciary Committee, said: blamed the media for attempting to “incite another mob to intimidate a judge, commit domestic harassment, or worse.”
South Carolina Sen. Lindsey Graham, the top Republican on the Senate Judiciary Committee, did not respond to a request for comment.
This term, the Supreme Court is considering major cases related to the 2020 election and the storming of the Capitol. For one, the justices are considering President Trump’s claim of absolute immunity from special counsel Jack Smith’s election-subversion charges. In another article, the Jan. 6 rioters are challenging obstruction charges filed by prosecutors, saying Congress intended the law to apply to destruction of evidence rather than storming government buildings. claims.
The flag revelations have reignited calls from leftists for Congress to enact ethics rules for the Supreme Court, an effort that has been stalled for months.
By adopting the code last year, Chief Justice John Roberts appeared to thwart efforts by Democrats in Congress to impose an ethics code on the high court. But the code’s provisions are self-enforcing, and many of the court’s critics argue that the document does not adequately address the scandals that have plagued the high court for years.
“If any other federal judge had done something like this, the allegation would be investigated because it calls into question the individual’s ability to decide cases fairly.” Rhode Island said Sen. Sheldon Whitehouse, a state Democrat and member of the Senate Judiciary Committee. he told CNN in a statement.
“Through a series of controversial actions leaked to the press, far-right judges have shown that they, too, should be subject to legally enforceable ethics rules,” the White House said. “They don’t have the ability to protect themselves.”
The flag news comes at a critical moment in the Supreme Court’s tenure, as the justices rush to form an opinion by a self-imposed end-June deadline. Public support for the court has remained near historic lows since the 2022 reversal of Roe v. Wade. There are also signs that relations within the court are deteriorating due to a combination of controversial cases and ethics scandals.
“Given the timing, displaying such a political symbol in one’s front yard with a clear message about the 2020 election falls within this statutory provision, and Judge Alito has decided that in a lawsuit related to the 2020 election challenge, should be disqualified from the organization,” he said. Lenny Knake-Jefferson is a professor of law at the University of Houston Law Center.
“But the code doesn’t require him to do that,” Jefferson added. “Ultimately it’s his decision.”
This story has been updated with additional developments.
