Supreme Court Justice Samuel Alito was photographed with an upside-down US flag outside his Virginia home just weeks after the Capitol riot in January 2021, during which it was a symbol of the MAGA “Stop the Steal” campaign. Alito, who was appointed by Republican President George W. Bush, did not deny that the flag was flown over his front lawn but credited his wife, Martha-Ann Alito, with placing it there in response to a neighbor’s insulting language on yard signs.
According to the US flag code, the flag should never be displayed upside down except as a signal of dire distress in cases of extreme danger to life or property. However, after the 2020 presidential election, some MAGA supporters began using the upside-down flag as a symbol of support for Trump. The photo of the flag outside Alito’s home was reportedly taken by concerned neighbors on January 17, 2021, but was only recently obtained by The New York Times.
Neighbors mentioned that Alito’s wife had a dispute with another family in the neighborhood over an anti-Trump sign on their lawn at the time, and they interpreted the upside-down flag as a political statement in support of “Stop the Steal.” It was not immediately clear whether the flag was intended as a show of support for Trump or how long it was flown for. The publication of the photo coincided with the Supreme Court justices considering two critical cases related to the January 6 attack, including whether Trump should have presidential immunity from prosecution.
The Supreme Court has not publicly addressed Alito’s flag-flying incident. In general, the flag should only be displayed upside down in times of dire distress, and its use as a symbol of political support has caused controversy. With the photograph of Alito’s upside-down flag drawing attention, it raises questions about the justices’ involvement in political issues and their personal beliefs. The incident coincided with significant Supreme Court cases tied to the January 6 attack, further emphasizing the importance of impartiality on the highest court in the land.
The fallout from the Capitol riot and the subsequent investigations into the events of January 6 have heightened tensions regarding political symbols and statements made by public figures. The controversy surrounding Alito’s upside-down flag serves as a reminder of the deep political divisions in the country and the challenges faced in maintaining neutrality on the Supreme Court. The uncertainty surrounding the motivations behind the flag and its potential implications for future rulings by the Supreme Court underscore the need for transparency and accountability on the nation’s highest court. Despite the lack of public comment on the issue, the incident sheds light on the complexities of navigating political ideologies in the judiciary.
