Justice Samuel Alito has refused to step aside from Supreme Court cases involving former President Donald Trump and defendants from the Jan. 6 Capitol riot. He cited his wife’s fondness for flying flags, stating that she flew an upside-down flag at their home in 2021 and an “Appeal to Heaven” flag at their New Jersey beach house last year. These flags resembled those carried by rioters who stormed the Capitol in January 2021 while echoing Trump’s false election fraud claims. Alito rejected calls for his recusal, asserting that the events did not warrant it.
Supreme Court justices have the authority to decide for themselves whether to recuse from a case, with the only potential consequence being impeachment by the House of Representatives and removal from office by the Senate, a scenario that has never occurred in American history. Former President Trump praised Alito for his decision, applauding his courage and refusal to step aside. Senate Republicans also expressed support for Alito staying involved in the cases related to the Capitol attack and Trump’s immunity from prosecution on election interference charges.
The New York Times reported that an inverted American flag was seen at Alito’s home in Virginia shortly after the Capitol attack, followed by the display of an “Appeal to Heaven” flag at his beach house. The “Appeal to Heaven” flag has become associated with Christian nationalist sentiments and the false claim of a stolen election. Alito clarified that his wife was responsible for flying both flags and that she did so without associating herself with the rioters or efforts to overturn the 2020 election results.
Alito explained that he had no prior knowledge of the flags being flown by his wife and only became aware of them after being notified. He emphasized that his wife’s actions were independent of his own, and she had the right to make her own decisions. Alito also addressed the protests that have targeted his home, attributing them to a leaked draft of a decision he authored overturning Roe v. Wade and allowing states to ban abortions. Democrats in Congress had sent letters seeking Alito’s disqualification from the cases, citing concerns about judicial ethics and independence.
While the Supreme Court recently adopted a code of ethics in response to criticisms over undisclosed trips and gifts received by some justices, the code lacks enforcement mechanisms. Efforts to set stricter standards for the court have faced opposition from Republicans. Alito’s decision to remain involved in cases connected to Trump and the Capitol riot has drawn both praise and criticism, highlighting the ongoing debate over judicial recusal and ethical standards within the judiciary.
