The New York Times reported a flag waving outside Supreme Court Justice Samuel Alito’s vacation home, intensifying questions about the court’s integrity as it prepares to rule on former President Donald Trump’s claim of presidential immunity. The flag displayed was an “Appeal to Heaven” flag rooted in Revolutionary War-era naval vessels under George Washington but also used by conservatives in recent years, including some Trump supporters during the January 6 attack on the U.S. Capitol. Alito’s political views were called into question after a flag associated with the “Stop the Steal” movement was seen outside his home in January 2021, shortly after the Capitol attack. Alito denied any involvement in placing the symbol on his front lawn, deferring responsibility to his wife.
Conservative figures rushed to Alito’s defense, arguing that the Appeal to Heaven flag has historical significance rather than political connotations. Critics questioned Alito’s impartiality in the pending Supreme Court decision on Trump’s presidential immunity claims. The flag, also known as the Pine Tree Flag, has a history dating back to the early days of the American Revolution, commissioned to appear on military ships under George Washington’s command. Despite associations with the January 6 siege, supporters of Alito highlighted its historical significance and roots in American patriotism.
The controversy surrounding Alito’s flags prompted discussions on whether he violated Supreme Court ethics by displaying symbols tied to political movements before him. Progressive watchdog groups criticized Alito for potentially taking political stances that could impact his impartiality in high-profile rulings. However, legal experts noted that the Code of Conduct for Justices was issued after the flag incidents occurred, and Alito’s reported explanation of his wife’s involvement might not warrant his disqualification from future cases. While some called for Alito’s removal from the Supreme Court, the authority to regulate justices’ ethical conduct ultimately lies with the Court itself.
Alito’s defense against accusations of bias or ethical breaches centered on the historical significance of the Pine Tree Flag as a symbol of American patriotism. Conservative voices emphasized the flag’s roots with George Washington and dismissed concerns about its connection to the January 6 events. As the Supreme Court prepares to rule on key cases, including Trump’s immunity claim, the controversy surrounding Alito’s flags raises questions about the Court’s integrity and the justices’ adherence to ethical guidelines. Despite calls for his disqualification, Alito’s explanation and lack of a clear ethics violation might limit the potential consequences of the flag incidents on his judicial role.
