Supreme Court Justice Samuel Alito has come under scrutiny for displaying an “Appeal to Heaven” flag outside his beach vacation home, similar to flags carried by rioters during the attack on the Capitol on Jan. 6, 2021. This flag, along with an inverted American flag at Alito’s home outside Washington, has sparked controversy and calls for him to recuse himself from cases related to former President Donald Trump. Alito and the court have not responded to inquiries about the meaning behind these flags and how they came to be displayed.
The “Appeal to Heaven” flag, with a green pine tree on a white background, has historical roots dating back to the Revolutionary War but has more recently been associated with Christian nationalism and support for Trump. This flag was seen flying at Alito’s beach home in New Jersey in several photographs from July and September 2023. The flag has been used by rioters who were part of the “Stop the Steal” movement fueled by false claims of election fraud. Republicans in Congress and state officials have also displayed this flag, linking it to a sense of patriotism and history.
With Justice Alito participating in pending Supreme Court cases associated with Jan. 6, such as Trump’s immunity from prosecution and the use of certain charges against rioters, there have been renewed calls for him to step aside from these cases. The ethical implications of Alito’s display of these flags have also been questioned, especially in light of public trust in the Supreme Court hitting its lowest point in at least 50 years. Judicial ethics codes emphasize the importance of judges remaining impartial and avoiding political statements or opinions on matters they may need to decide.
Calls for Alito to recuse himself from Trump-related cases have been reiterated, with concerns raised about his impartiality and potential support for the events of Jan. 6. Despite these calls, there has been no indication that Alito intends to step aside from these cases. Similarly, Justice Clarence Thomas has faced similar requests to recuse himself from cases related to the 2020 election due to his wife’s support for efforts to overturn Trump’s loss to President Joe Biden. The lack of enforcement mechanisms in the Supreme Court’s new code of ethics has also raised questions about accountability within the judicial system.
The controversy surrounding Justice Alito’s display of the “Appeal to Heaven” flag and the lack of transparency in his response to inquiries have not only raised concerns about his impartiality in cases related to Trump but have also highlighted broader issues of trust in the Supreme Court. As the court grapples with public perceptions of integrity and independence, the need for ethical guidelines and mechanisms for ensuring accountability among justices has become increasingly apparent. The implications of Alito’s actions and the ongoing scrutiny of his involvement in these cases underscore the complex intersection of politics, ethics, and the judicial system.
