Democratic senators Dick Durbin and Sheldon Whitehouse are seeking a meeting with Chief Justice John Roberts to discuss ethics issues at the Supreme Court after reports of flags flown outside Justice Samuel Alito’s homes sparked outrage. The New York Times reported that an upside-down flag flew outside Alito’s Virginia home in mid-January 2021, and an “Appeal to Heaven” flag was displayed outside his New Jersey vacation home in the summer of 2023. These flags were associated with rioters who breached the U.S. Capitol building on Jan. 6, 2021, and have become linked to the “Stop the Steal” movement.
Durbin and Whitehouse sent a letter to Roberts requesting that Alito recuses himself from cases related to the 2020 presidential election and the Jan. 6 attack. Alito participated in oral arguments in cases involving federal prosecutors’ use of an obstruction charge against those involved in the Jan. 6 assault and whether former President Donald Trump is entitled to immunity from criminal charges related to his efforts to subvert the transfer of power after the 2020 election. The senators claimed that the presence of the flags outside Alito’s homes created doubts about his ability to be impartial in these cases.
The Democrats have called for the Supreme Court to adopt an enforceable code of conduct for justices to address the ongoing ethical crisis at the court. They have requested a meeting with Roberts to discuss steps to address the ethics issues. The Supreme Court adopted ethics principles in November following reports about trips Justice Clarence Thomas and Alito accepted from wealthy Republican donors. However, the code of conduct lacks an enforcement mechanism, and Senate Democrats have been pushing for legislation requiring the Supreme Court to adopt binding ethics rules.
The recent controversy surrounding the justices began after the New York Times reported on the upside-down American flag seen outside Alito’s Virginia residence in early 2021. Alito denied any involvement in flying the flag and stated that it was briefly placed outside his home in response to a neighbor’s behavior. The “Appeal to Heaven” flag, also called the Pine Tree flag, was seen outside his vacation home in New Jersey. Alito has been under pressure from Democrats to recuse himself from one other case, but he has rebuffed these calls and stated there is no valid reason for his recusal.
The request for Alito’s recusal from key cases raises questions about ethical behavior at the Supreme Court and the need for a more transparent and enforceable code of conduct for justices. The ongoing controversy highlights the challenges faced by the court in maintaining public confidence in its impartiality and fairness. The outcome of the request to Roberts and the ongoing efforts by Democrats to address ethics issues at the Supreme Court will likely have significant implications for the future of the court and its role in the U.S. legal system.
