Senate Democrats Seek Ethics Hearing for Justice Alito Over Flag Controversy
Senate Democrats, including Sen. Sheldon Whitehouse and Sen. Dick Durbin, have called for an ethics hearing for Supreme Court Justice Samuel Alito amid reports of controversial flags flown at his private homes. The senators have urged Chief Justice John Roberts to ensure Alito recuses himself from cases related to the 2020 presidential election and the Jan. 6 Capitol riots. Alito is set to rule on two Jan. 6 cases in the coming weeks, including Trump’s bid for presidential immunity in his election interference case. Whitehouse and Durbin are also pushing for the adoption of an enforceable code of conduct for Supreme Court justices.
Alito has faced criticism for flying an upside-down American flag, a traditional symbol of distress, after former President Trump’s loss in the 2020 election. He also flew an “Appeal to Heaven” flag outside his New Jersey home in 2023, a controversial flag associated with evangelical support for Trump and carried by January 6 rioters. This use of flags by Alito has raised concerns about an appearance of impropriety and potential conflicts of interest, violating the court’s recently adopted code of conduct for judges. Democrats and legal scholars have criticized Alito’s judgment and called for him to recuse himself from relevant cases.
The controversy surrounding Alito’s flags has sparked a response from both Democrats and Republicans. Senator Richard Blumenthal and Representative Alexandria Ocasio Cortez have called for active investigations into the matter, while Senator Mitt Romney and Senator Lindsey Graham have criticized Alito’s use of the flags. However, Senator Ted Cruz has defended Alito, arguing that the criticism is an attempt to delegitimize the court. The growing list of critics is calling for transparency and accountability regarding Alito’s actions and potential conflicts of interest.
In a surprising turn of events, Chief Justice Clarence Thomas, the longest-serving member of the Supreme Court, has also been embroiled in an ethics scandal. Reports have revealed lavish gifts received by Thomas from real estate magnate Harlan Crow, as well as his wife Ginni Thomas’ support of Trump’s election denialism. Ginni Thomas reportedly attended the Capitol rally preceding the Jan. 6 riot and urged Trump Chief of Staff Mark Meadows to pursue efforts to reject the vote count. Democrats have called for Thomas to recuse himself from cases related to allegations of election fraud.
Justice Alito, appointed to the Supreme Court in 2005, has faced multiple scandals throughout his tenure. In addition to the recent flag controversy, Alito has been criticized for his involvement in a Princeton University alumni group that reportedly discriminated against women and minorities. He also faced backlash for his dissent in the Obergefell v. Hodges case, which legalized same-sex marriage nationwide, and for his role in the court’s overturning of Roe v. Wade. Alito’s history of controversial decisions and actions has raised questions about his fitness to serve on the nation’s highest court and the need for increased accountability and transparency in the judiciary.
