Rep. Alexandria Ocasio-Cortez, D-N.Y., called for an investigation into reports that a flag associated with the January 6, 2021, riot at the Capitol was flown at Supreme Court Justice Samuel Alito’s home. She described the reports as a breach of trust and a challenge to democracy. Ocasio-Cortez emphasized the need for active investigations and subpoenas, stating that Democrats have a responsibility to defend democracy. The New York Times reported that a second flag linked to the rioters was displayed outside Alito’s house, raising concerns about his impartiality in cases related to the riot.
Alito’s wife displayed an “Appeal to Heaven” flag and an upside-down American flag outside their home following an argument with a neighbor. The “Appeal to Heaven” flag is associated with conservatives, Christian nationalism, and support for Trump. Some rioters who participated in the Capitol riot carried this flag. High-ranking Democrats have called for Alito to recuse himself from cases related to former President Trump. Despite the controversy, Alito has not made any comments on the flags, and he denied involvement in displaying the American flag upside-down.
The Supreme Court’s lack of a code of ethics for many years led to criticism, prompting the adoption of one in November 2023. The code emphasizes the importance of judges being independent and avoiding political statements or opinions on matters they may have to decide. However, there is currently no enforcement mechanism in place for the code. Alito is involved in two pending Supreme Court cases linked to the January 6 riot, including issues of whether Trump has immunity for his attempts to overturn the election results, as well as charges against rioters.
Republicans in Congress and other state officials have also displayed the “Appeal to Heaven” flag, emphasizing its historical significance and connections to conservative ideologies. The House Speaker, Mike Johnson, displayed the flag at his office after winning the gavel. Alito and Justice Clarence Thomas have both faced calls to recuse themselves from cases related to the 2020 election, with Thomas’ wife supporting efforts to overturn the election results. Alito has not indicated any intention to step aside from the cases he is involved in.
Ocasio-Cortez stressed the importance of Democrats using their power to uphold democracy and ensure accountability. The House Democrats are preparing to support efforts to defend democracy, but Ocasio-Cortez highlighted the need for active governance and accountability measures. Alito and the court have not commented on the controversy surrounding the flags flown at his home. The broader implications of displaying these flags raise questions about justices’ impartiality and adherence to judicial ethics codes.
