Supreme Court Justice Samuel Alito is facing controversy after it was reported by The New York Times that he flew an “Appeal to Heaven” flag outside his beach house, a symbol associated with the Jan. 6 rioters and Christian nationalism. This has sparked anger from Democrats who are calling for Alito to recuse himself from Jan. 6-related cases, while Republicans have largely downplayed the reports. Alito had previously faced criticism for flying an American flag upside down in January 2021, which was also linked to the “Stop the Steal” movement.
Congressional Democrats, who had previously called for Alito’s recusal from multiple Jan. 6-related cases, spoke out against the new flag controversy. Senator Richard Blumenthal stated that Alito is showing himself to be unfit to serve on the Supreme Court, while Senator Sheldon Whitehouse questioned how many MAGA battle flags Alito needs to fly for action to be taken. Most Democrats are calling for Alito to recuse himself from Jan. 6 cases or for Chief Justice John Roberts to intervene in the matter.
While some Republicans, including Senator Lindsey Graham and Mitt Romney, expressed displeasure over Alito’s upside-down flag flying, most have downplayed the flag controversies. Senator Ted Cruz claimed that the uproar was an attempt to delegitimize the court. Legal experts have also raised concerns about the flag-flying, stating that Alito’s impartiality could be reasonably questioned due to these actions.
The Supreme Court is set to rule on two Jan. 6-related cases this term, including former President Donald Trump’s request to dismiss federal charges and charges against a Jan. 6 rioter. It remains unclear whether Alito will recuse himself from these cases. The Senate Judiciary Committee has been investigating Supreme Court ethics, but it is unlikely that legislation forcing more binding ethics rules on the court will pass due to Republican objections. House Speaker Mike Johnson also displays an “Appeal to Heaven” flag outside his office.
The “Appeal to Heaven” flag has historical significance, dating back to the American Revolution. It has more recently been embraced by Christian nationalists who want the U.S. to return to being a Christian nation. Alito’s flag flying is just one of several controversies he has faced recently, including reports of flying on a private jet with billionaire Paul Singer and allegedly leaking a court ruling. The Supreme Court as a whole has faced an ethics crisis, with other justices coming under fire for various issues. Despite a new code of ethics announced in November, legal experts have said it does not go far enough to address these concerns.
