U.S. Supreme Court Justice Samuel Alito has been involved in two recent flag controversies, with the most recent being over a “Appeal to Heaven” flag that was seen outside his beach vacation home in New Jersey last summer. The flag symbolizes sympathies with the Christian nationalist movement and the false claim that the 2020 presidential election was stolen. Concerns have been raised about Alito’s impartiality and ability to objectively decide cases related to the Jan. 6 attack on the Capitol and Trump’s attempts to overturn the election results. Alito has not commented on the flag at his summer home.
The “Appeal to Heaven” flag dates back to the Revolutionary War when it was used on ships commanded by George Washington. It was later adopted as the maritime flag of Massachusetts. The pine tree on the flag symbolizes strength and resilience in the New England colonies, and the words “Appeal to Heaven” convey the belief that God would deliver the colonists from tyranny. Over time, the symbolism of the flag has evolved, with some people today using it to express patriotism and reverence for the American Revolution, while others associate it with Christian nationalism.
House Speaker Mike Johnson also displays the “Appeal to Heaven” flag in his office, where it is placed next to the Louisiana flag. Johnson has flown the flag for a long time but was unaware of its association with the “Stop the Steal” movement. He defended the flag as an important part of American history and stated that people misuse symbols all the time, but that does not diminish their significance. While Johnson has never flown the U.S. flag upside down in distress, Justice Alito did, sparking controversy and calls for recusal from cases related to Jan. 6 and Trump.
House Democratic Whip Katherine Clark has called on Alito to recuse himself from cases involving Jan. 6 and the former president, citing the flag display as a threat to the rule of law and a breach of ethics. Experts have expressed concerns about Alito’s impartiality, given his actions and the ongoing cases before the court. The Supreme Court adopted a code of ethics in November 2023 following criticism over undisclosed trips and gifts to justices, including Alito. However, the code lacks means of enforcement, raising questions about judicial ethics and the court’s reputation.
The controversy surrounding Alito’s flag display is seen as another blow to the Supreme Court’s reputation as it considers cases involving Trump and the Capitol attack. The lack of accountability and enforcement mechanisms in the court’s ethics code has prompted calls for further steps to ensure judicial impartiality and credibility. The revelations about the flags raise questions about Alito’s ability to remain impartial in cases related to Jan. 6 and Trump, as they suggest alignment with viewpoints at a time when those issues are before the court. Confidence in the Supreme Court’s upholding of democratic values has been declining, highlighting the need for transparency and accountability measures within the judiciary.
