Senate Democrats are locked in a public battle with Supreme Court Justice Samuel Alito and questioning his impartiality after it was revealed that an inverted American flag flew outside his home in the days surrounding January 6, 2021, and the inauguration of the President Biden.
Alito, one of the Supreme Court’s top conservatives, faces growing criticism over the flag as the justices are expected to rule on two key decisions in the coming weeks related to the Jan. 6 attack.
The longtime judge said last week that he had nothing to do with the inverted flag, a sign of distress that has been widely used by the “stop the steal” movement, which argues that Trump did not lose the 2020 election. said his wife hanged him amid a fight with neighbors, but Democrats were deterred because the episode infuriated them amid an ongoing battle over courtroom ethics.
“Terribly, terribly alarming,” said Sen. Brian Schatz (D-Hawaii). “Flying the flag upside down means a very specific thing… It’s not enough to just say, ‘My wife got mad.’ Consider me as alarmed as possible.”
Throughout U.S. history, an inverted flag has been used to show danger, such as in the case of a ship in distress.
“I never thought he was impartial, but appearing impartial is also important,” Schatz continued. “I would be less alarmed if he had a Trump flag. ‘Nation in Peril’ is a very specific thing people do to the American flag. It’s in the US flag code, it means a specific thing. He is not just expressing his political preference. He is saying something that is almost revolutionary.”
Democrats, led by Senate Judiciary Committee Chairman Dick Durbin (Ill.), have asked Alito to recuse himself from upcoming rulings on matters related to January 6, headlined by the upcoming ruling on whether former President Trump is immune from process for your actions.
But they are unlikely to be able to do anything more. Durbin said Monday that the Judiciary panel has no plans to investigate the incident or hold a hearing on it, telling reporters that there is “not much to be gained at this point” from it.
The Senate Democratic leader also noted that the only recourse if Alito did not recuse himself would be impeachment.
“And we’re not at that point,” Durbin said.
However, the news has awakened a number of Democrats who have long been upset with Alito in recent years, especially due to his majority opinion in the Dobbs decision that overturned abortion rights nationally and due to reports indicating that he received gifts and holidays from wealthy Republican Party donors.
“I think this is outrageous. I think this is absolutely outrageous,” said Sen. Debbie Stabenow (Mich.), the third-ranking Democrat in the Senate, adding that the news calls his judicial impartiality into question in her mind.
“Without a doubt,” she continued. “I don’t know what to say. I think it’s terrible.”
Durbin led the push for a new code of ethics for justices following revelations that both Alito and fellow conservative Justice Clarence Thomas received lavish gifts and vacations, among other things, from wealthy donors and benefactors.
Thomas has also faced criticism over the actions of his wife, Virginia Thomas, and her involvement in the effort to overturn the 2020 election results. He has refused to recuse himself from January 6-related cases that the court is considering.
On the other side of the aisle, Republicans are largely lined up behind Alito, who has been on the bench for nearly two decades and has been a leading conservative voice from that perch. Sen. John Cornyn (R-Texas) called it the latest form of “harassment” against conservative jurists that dates back to Thomas’ 1991 confirmation hearings, with others criticizing calls for his impeachment.
“It’s a stupid thing to think it has nothing to do with what’s going on with the flag,” said Sen. Chuck Grassley (R-Iowa).
However, some GOP members in the Senate expressed discomfort with the news. Sen. Lindsey Graham (R-S.C.) told reporters it wasn’t a smart decision, despite high tensions seeping into Alito’s residence.
“Emotions are apparently high in that neighborhood. But no, it’s not good judgment to do that,” Graham said. “He said his wife was insulted and got angry. I assume that’s true, but he’s still a Supreme Court justice and people need to realize that. [at] moments like this to think about it.
Sen. Mike Rounds (RS.D.) added that he was disappointed with the decision to fly the flag upside down and indicated that the entire situation was strange to him.
“For this to happen was really weird… It’s just weird,” Rounds said. “I would expect him to be professional enough not to cloud his judgment or his ability to make impartial decisions.”
“I was [disappointed]. Yes, I was,” Rounds continued. “Just to have that symbol flown like that by someone to me is disappointing.”
Others took Alito’s story at face value and insisted that despite her role on the court, she should not suppress her wife’s ability to express herself.
“I don’t believe judges should express political opinions,” said Sen. John Kennedy (R-La.). “But Justice Alito didn’t say anything to anyone. He didn’t raise the flag, it was his wife. And I don’t think you can tell spouses that they have to give up their right to say what they believe.”
This story originally appeared on thehill.com read the full story
