Washington – Reports of two different national flags being flown outside Justice Samuel Alito’s home sparks a political firestorm, with Democrats pushing for a bill that would require courts to adopt a binding code of conduct and require judges to do so. Meanwhile, attention to ethical practices at the Supreme Court has been reinvigorated. This is to remove himself from incidents involving former President Donald Trump and the attack on the U.S. Capitol on January 6, 2021.
Alito and his wife and the two flags
The criticism of Alito comes after The New York Times reported that an upside-down American flag was flown outside Alito’s Virginia home in mid-January 2021, and that an “Appeal to Heaven” flag was flown outside Alito’s vacation home in New Jersey in July and September 2023.
Both types of flags were flown by rioters who breached the U.S. Capitol on Jan. 6, 2021, and Democrats condemned their presence outside Alito’s home.
government exhibits
The justice told The New York Times that he had “no involvement whatsoever” in the raising of the flag outside his Virginia home in early 2021, saying in a statement that the flag was “installed for a short period of time by Mrs. Alito after a neighbor used offensive and personally offensive language on a yard sign.” The Supreme Court did not respond to a request for comment on the “Appeal to Heaven” flag.
The upside-down American flag has been used to signal distress, and according to the U.S. Code, “it should never be flown with its bands down, except to signal dire distress in cases of extreme danger to life or property.”
The “Heavenly” flag, also known as the Pine Tree Flag, dates back to the American Revolutionary War and symbolized resistance to British colonization. According to a Congressional report released in 2006, the flag was often seen “at sea as the flag for cruisers commissioned by General Washington.” The phrase “appeal to heaven” was used by the 17th century philosopher John Locke, who wrote in his book Second Theory of Government that “a group of people, or an individual, is deprived of their rights or If you find yourself under the exercise of an unjust power and are unable to appeal on earth, you are free to appeal to heaven at any time if you think there is sufficient cause.”
In more recent times it has become associated with Christian nationalism.
Democrats call for Alito’s resignation from President Trump’s immunity suit on January 6th
Senate Judiciary Committee Chairman Dick Durbin of Illinois has criticized Alito over the episode and called for him to recuse himself from a Supreme Court case over the obstruction charges levied against the Jan. 6 defendants and whether former President Donald Trump should be shielded from criminal prosecution on the basis of presidential immunity.
“He cannot play shorthand with these political symbols without endangering his own integrity,” said Durbin, a Democrat.
Durbin said he hopes the Senate will consider the bill. advanced by the Judiciary Committee That required the Supreme Court to adopt a binding code of ethics and implement procedures for handling allegations of judicial misconduct last year.
“It’s time for the nation’s highest court to move away from minimum ethical standards,” he said.
supreme court issued a code of conductAll nine sitting justices signed it in November but it does not include an enforcement mechanism.
Forty-five House Democrats have also called on Alito to recuse himself from lawsuits related to the Jan. 6 attack and the 2020 election. They wrote to him on Tuesday saying that even if he was not involved in raising the flag, “the fact that such political speech is taking place in your home gives rise to, at a minimum, an unfair political bias.”
Republicans have largely defended Justice Alito, but some have questioned allowing the upside-down American flag to be flown.
“That’s not the right call,” Sen. Lindsey Graham of South Carolina, the Judiciary Committee’s top Republican, told reporters earlier this week. “He said his wife was insulted and furious, and I think that’s true, but he’s still a Supreme Court justice.”
Sen. Thom Tillis, Republican of North Carolina, said it was “probably unwise” to fly a flag with political meaning, but other members of the high court said they disagreed with him. Ta.
“If we’re going to be intellectually honest, let’s look at all the cases that smell of some kind of political or ideological motivation,” he told reporters.
But Senate Minority Leader Mitch McConnell said there had been “constant attacks” on the high court.
“We need to leave the Supreme Court alone and protect them from those who want to come into their neighborhoods and do them harm,” the Kentucky Republican said.
Reports about flag emerge as Supreme Court prepares to hand down politically biased ruling
The revelations about the flags, which were flown in January 2021 and summer 2023, come as the Supreme Court enters its final week of term, according to the New York Times. The justices are poised to rule on a range of politically sensitive issues, including abortion and guns. Rulings in two other cases could also have significant implications for President Trump.
The first concerns the obstruction statute used to prosecute more than 350 people accused of participating in the January 6 attack. Trump was charged with violating the statute, which makes it a crime to “corruptly” interfere with public business, and with conspiring to obstruct public business. He has pleaded not guilty to both charges.
If the Supreme Court limits the law’s scope and rules that it does not apply to the January 6 assault, President Trump could seek to dismiss those two charges.
The second lawsuit concerns whether Trump can be criminally prosecuted for alleged conduct surrounding the 2020 election. Trump argues that he has blanket immunity for alleged official acts committed while in office, but special counsel Jack Smith, who filed the lawsuit, is asking the Supreme Court to reject Trump’s arguments.
The justices heard arguments in both cases in April and voted behind closed doors shortly thereafter. At this point in their term, the justices have written their opinion, which is expected to be released in the coming weeks. The Supreme Court’s term usually ends by the end of June.
It seems unlikely that Mr. Alito will recuse himself from the lawsuit involving Mr. Trump and the January 6 incident, but if Mr. Alito joins and the decision is 5-4, the court would It will be a stalemate at 4-4. In such cases, the lower court’s judgment is valid.
In the case, that means a ruling in favor of the Justice Department from the U.S. Court of Appeals for the D.C. Circuit on Jan. 6 will stand. In the immunity case, a three-judge panel on the D.C. Circuit unanimously rejected Trump’s argument that he enjoys broad protection from federal prosecution.
If Mr. Alito rejects calls to resign, he could explain why, as he did in September. The Democratic Party’s demands were rejected. Step back A tax lawsuit was filed in December.Alito spoke to editors from The Wall Street Journal and David Rivkin, a lawyer who represents a couple involved in the tax litigation.
“There is no good reason for me to resign in this case,” Justice Alito wrote in a four-page statement that was included in the Supreme Court’s list of regular orders.
