WASHINGTON — Republican senators criticized Supreme Court Justice Samuel Alito for flying an American flag upside down in his home following the Jan. 6, 2021, insurrection at the U.S. Capitol building.
“Emotions are apparently high in that neighborhood, but no, it’s not common sense to do that,” the senator said. Lindsey Grahamthe top Republican on the Senate Judiciary Committee told HuffPost on Monday.
“I don’t know what the role was – he said his wife felt insulted and was furious – I assume that’s true, but he’s still a Supreme Court judge. And, you know, people have to notice moments like this, think about it.”
Last week, The New York Times revealed that the inverted flag flew outside the conservative judge’s home for several days. Alito said his wife flew the flag upside down after a dispute with neighbors over “insulting language” on yard signs, including a sign that blamed her for the Jan. 6 riot.
The inverted flag became a symbol of the “Stop the Steal” movement following Trump’s defeat in the 2020 presidential election and was displayed by some of his supporters who latched onto unfounded election conspiracy theories. Before that, it was widely recognized as a symbol of distress or protest.
“Obviously, the optics are terrible,” Sen. Bill Cassidy (R-La.) said of the episode on Monday.
“It suggests a partisan approach to a series of events that you want them to be impartial about, but he has his own side of the story,” the senator added about Alito.
Sen. Mike Rounds (R-S.D.) called it “weird” to fly an upside-down flag at the home of a Supreme Court justice.
“Why would you allow this in the first place?” Rounds said. “And secondly, why would you do that? I just don’t understand why you would do it in your backyard like that.”
“It was weird and that’s still what I’m thinking about,” Rounds added.
But other Republican senators defended Alitos and called the story just another example of Democratic attacks on conservatives on the high court.
“Justice Alito didn’t say anything to anyone,” said Sen. John Kennedy (R-La.). “He didn’t raise the flag, his wife did. And I don’t think you can tell spouses that they have to give up their right to say what they believe.”
“My goodness, to be honest, you would think it was a slow news week to turn this into a big story,” added Sen. Thom Tillis (R-N.C.).
The flag controversy has resurfaced lingering questions about ethics and impropriety at the Supreme Court following a series of revelations about Supreme Court Justice Clarence Thomas and his close ties to wealthy Republican Party donors, as well as reports that his wife Virginia Thomas was involved in efforts to overturn President Joe Biden’s victory in the 2020 election.
The fact that news about the flag came out while the justices were considering Trump’s claims for absolute immunity for his Jan. 6 election subversion case only underscored the need for Congress to get involved and pass legislation demanding ethics reform at the Supreme Court. Cut, said Sen. Richard Blumenthal (D). -Conn.) said Monday.
“I think flying the American flag upside down is truly reprehensible for anyone, but it is particularly repugnant for a high-ranking public servant who is sworn to uphold the law and protect America,” Blumenthal said Monday. “The excuse of blaming his wife as if he hadn’t seen it – I want his explanation at a hearing.”
