Over the years, Justice Samuel Alito of the Supreme Court has irritated many who have criticized him. Conservative contributors with pending cases before the court have joined him on secret luxury holidays. He appears to have told conservative activists the outcome of a big case before anyone else. His jurisprudence, which included the decision that overturned Roe v. Wade, is an entire other story.
The political flags flown at Alito’s homes have been revealed in the past two weeks by The New York Times. One flag read “Appeal to Heaven” in the summer of 2023 and an upside-down American flag in the days after January 6, 2021. This has taken Alito’s behavior to a whole new level, casting doubt on his impartiality, ethics, and the court’s credibility.
American flags flown upside down have long been a show of sorrow for the United States military, but after the 2020 election, they came to represent support for the “Stop the Steal” movement started by Donald Trump, and Christian nationalists have flown the “Appeal to Heaven” banner. Mobs took to the air in both on January 6.
Regardless of the motivation or decision-maker behind flying those flags, the Alito household’s display of them indicates that Alito should step away from the court matters related to Trump’s purported attempts to steal the election. In a letter to prominent Democrats on Wednesday, he blasphemously refused to do so, which violates the most fundamental ethical standards in the judiciary: judges are not to publicly express their opinions on issues that are likely to be heard by the court.
On the other hand, the Democrats’ cowardice in trying to hold the court accountable is on full display in this instance. The conservative justices may have felt even more empowered to disregard judicial norms because of this. President Joe Biden has been excessively reticent to confront the court, beginning with his feeble attempt to introduce reforms to the court and continuing even in the face of numerous egregious ethical transgressions committed by the justices.
