Top Democrats Are Calling for the Supreme Court Justice Samuel Alito recusing himself from cases related to former President Donald Trump after reports emerged that an inverted American flag, a symbol linked to the pro-Trump “Stop the Steal” movement, was flown outside his home in the days following the riot on January 6th at the Capitol.
According to The New York Times, the flag was seen flying on January 17, 2021, three days before President Joe Biden’s inauguration. Alito told the Times, “I had no involvement in the raising of the flag,” and said his wife, Martha-Ann, raised it in response to “objectionable and personally insulting” yard signs placed by their neighbors.
The report marks the latest blow to the Court, which faces heightened scrutiny over judicial ethics after a ProPublica investigation revealed that both Alito and Judge Clarence Thomas had personal relationships and financial exchanges with billionaire Republican Party donors. Separate reports it also showed that Thomas’ wife, Virginia, is a strong supporter of the former president.
President of the Senate Judiciary Dick Durbin (D-Ill.), who has long ago called a code of conduct enforced by Congress for the Court, released a statement Friday night asking Alito to recuse himself from cases related to January 6 and the 2020 election, reiterating a previous warning that “the Court is in an ethical crisis that it itself created”.
“Flying an American flag upside down — a symbol of the so-called ‘Stop the Steal’ movement — clearly creates the appearance of prejudice,” Durbin wrote. “Judge Alito should immediately recuse himself from cases related to the 2020 election and the January 6 insurrection, including the issue of the former president’s immunity in US v. Donald Trump, which the Supreme Court is currently considering.”
Other Democrats also strongly criticized the Supreme Court’s conduct. In an interview with MSNBC on Saturday morning, Rep. Jerry Nadler (DN.Y) said in no uncertain terms that both Alito and Thomas should recuse themselves from any Trump-related cases that come before the high court.
“[Alito] he should certainly recuse himself from any case related to January 6th, from any case related to President Trump, because he is associated with the Stop the Steal movement now — whether he wants to or not,” Nadler said. “And Judge Thomas should also… recuse himself – for the same reason, because his wife was a notable protagonist in the Stop the Steal movement.”
According to Nadler, the pattern of questionable behavior “shows the need for an enforceable code of judicial ethics for the Supreme Court” as well as term limits for Court appointees.
Although the Court made adopt a code of conduct in November 2023, following the ProPublica report, the set of guidelines is essentially self-enforcing. The code was endorsed by all nine judges.
On a statement reprimanding Alito released Friday, House Minority Leader Hakeem Jeffries (DN.Y.) echoed calls for congressional protections in “a runaway Supreme Court.”
“Samuel Alito should immediately apologize for disrespecting the American flag and sympathizing with violent right-wing insurrectionists. He should recuse himself from cases involving the 2020 election and former President Donald Trump,” Jeffries wrote. “Congress should immediately consider legislation that would impose a code of ethical conduct on a fugitive Supreme Court. The Constitution demands and the American people deserve better from a judge serving on the highest court in the land than a baseless election denial.”
Representative. Jamie Raskin (D-Md.) republished the Times report on X Friday night, writing, “Your eyes do not deceive you — this is an election denial ‘distress sign’ and a Big Lie waving on a Supreme Court justice’s lawn before Biden takes office. Inside and outside the courtroom, our Supreme Court is waist-deep in MAGA.”
In defense of Alito and his wife, the Republican senator from Arkansas. Cotton Tone also posted the Times headline on X and questioned their reports.
“This is the NYT trying to smear Ms. Alito and incite another mob to try to intimidate the judges, harass them at home, or worse. Shameful!”
In his comments on MSNBC, Nadler said his concerns about Supreme Court ethics go beyond Alito or Thomas and reflect widespread issues among the conservative caucus.
“Also look at some of the other Trump appointees,” Nadler said. “All three, when asked about Roe v. assured the Senate that “this is established law, this is established precedent” – they practically swore they would not overturn it, but of course they did so at the first opportunity. So none of them have clean hands.”
