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Legal


‘NONE OF THEM HAVE CLEAN HANDS’: DEMS REBUKE ALITO, SCOTUS OVER FLAG CONTROVERSY

The court’s judiciary ethics are being called into question after it was
reported that an inverted American flag was flown outside Alito’s home in the
days following the Jan. 6 Capitol riot.



According to The New York Times, the inverted flag was seen flying outside
Justice Samuel Alito's home on Jan. 17, 2021, three days before President Joe
Biden’s inauguration. | Chip Somodevilla/Getty Images

By Giselle Ruhiyyih Ewing

05/18/2024 02:42 PM EDT

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Top Democrats are calling for Supreme Court Justice Samuel Alito to recuse
himself from cases related to former President Donald Trump after reports
surfaced that an inverted American flag, a symbol linked to the pro-Trump “Stop
the Steal” movement, was flown outside his home in the days following the Jan. 6
Capitol riot.

According to The New York Times, the flag was seen flying on Jan. 17, 2021,
three days before President Joe Biden’s inauguration. Alito told the Times: “I
had no involvement whatsoever in the flying of the flag,” and said that his
wife, Martha-Ann, had raised it in response to “objectionable and personally
insulting” yard signs put out by their neighbors.



The report marks the latest blow to the Court as it faces heightened scrutiny
over judicial ethics after a ProPublica investigation revealed that both Alito
and Justice Clarence Thomas had personal relationships and financial exchanges
with billionaire GOP donors. Separate reports also showed Thomas’ wife,
Virginia, to be a fierce supporter of the former president.



Senate Judiciary Chair Dick Durbin (D-Ill.), who has long called for a
congressionally enforced code of conduct for the Court, released a statement
Friday night calling on Alito to recuse himself from cases relating to Jan. 6
and the 2020 election, reiterating a previous admonishment that “the Court is in
an ethical crisis of its own making.”

“Flying an upside-down American flag — a symbol of the so-called ‘Stop the
Steal’ movement — clearly creates the appearance of bias,” Durbin wrote.
“Justice Alito should recuse himself immediately from cases related to the 2020
election and the January 6th insurrection, including the question of the former
President’s immunity in U.S. v. Donald Trump, which the Supreme Court is
currently considering.”

Other Democrats also offered fiery criticisms of Supreme Court conduct. In an
interview with MSNBC Saturday morning, Rep. Jerry Nadler (D-N.Y) said in no
uncertain terms that both Alito and Thomas should remove themselves from any
Trump-related cases appearing before the high court.

"[Alito] should certainly recuse himself from any Jan. 6 related case, from any
case relating to President Trump, because he’s associated with the Stop the
Steal movement now — whether he wants to be or not,” Nadler said. “And Justice
Thomas should also … recuse himself — for the same reason, because his wife was
a noted protagonist in the Stop the Steal movement.”

According to Nadler, the pattern of questionable behavior “shows the necessity
of an enforceable judicial code of ethics for the Supreme Court,” as well as
term limits for Court appointees.

While the Court did adopt a code of conduct in November 2023 following
ProPublica’s report, the set of guidelines is essentially self-enforced. The
code was endorsed by all nine justices.

In a statement rebuking Alito released on Friday, House Minority Leader Hakeem
Jeffries (D-N.Y.) echoed calls for congressional guardrails on “a runaway
Supreme Court.”

“Samuel Alito should apologize immediately for disrespecting the American flag
and sympathizing with right-wing violent insurrectionists. He must recuse
himself from cases involving the 2020 election and former President Donald
Trump,” Jeffries wrote. “Congress should immediately consider legislation to
impose an ethical code of conduct on a runaway Supreme Court. The Constitution
demands and the American people deserve more from a justice serving on the
highest court in the land than baseless election denial.”




Rep. Jamie Raskin (D-Md.) reposted the Times’ report on X Friday evening,
writing: “Your eyes don’t deceive you — that’s an election-denying, Big Lie
‘sign of distress’ waving on a Supreme Court justice’s lawn before Biden took
office. On and off the bench, our Supreme Court is waist-deep in MAGA.”

In defense of Alito and his wife, Republican Arkansas Sen. Tom Cotton also
posted the Times’ headline on X and questioned its reporting.

“This is the NYT trying to smear Mrs. Alito and incite another mob to try to
intimidate justices, harass them at home, or worse. Shameful!”

In his comments on MSNBC, Nadler said that his concerns about the Supreme Court
ethics extend beyond Alito or Thomas, and reflect issues pervasive among the
conservative bench.

“Look at some of the other appointees of Trump too,” Nadler said. “All three of
them, when asked about Roe v. Wade assured the Senate ‘that is settled law, that
is settled precedent’ — they all but swore they were not going to overturn it,
but of course they did at the first opportunity. So none of them have clean
hands.”


 * Filed under:
 * U.S. Supreme Court,
 * Jerry Nadler,
 * Samuel Alito,
 * Tom Cotton,
 * Clarence Thomas,
 * Virginia Thomas,
 * Hakeem Jeffries,
 * Jamie Raskin,
 * Jan. 6 Capitol riot


POLITICO
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DELIVER AND PRESENT ADVERTISING AND CONTENT 492 PARTNERS CAN USE THIS PURPOSE

Always Active

Certain information (like an IP address or device capabilities) is used to
ensure the technical compatibility of the content or advertising, and to
facilitate the transmission of the content or ad to your device.

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MATCH AND COMBINE DATA FROM OTHER DATA SOURCES 351 PARTNERS CAN USE THIS PURPOSE

Always Active

Information about your activity on this service may be matched and combined with
other information relating to you and originating from various sources (for
instance your activity on a separate online service, your use of a loyalty card
in-store, or your answers to a survey), in support of the purposes explained in
this notice.

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LINK DIFFERENT DEVICES 327 PARTNERS CAN USE THIS PURPOSE

Always Active

In support of the purposes explained in this notice, your device might be
considered as likely linked to other devices that belong to you or your
household (for instance because you are logged in to the same service on both
your phone and your computer, or because you may use the same Internet
connection on both devices).

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IDENTIFY DEVICES BASED ON INFORMATION TRANSMITTED AUTOMATICALLY 477 PARTNERS CAN
USE THIS PURPOSE

Always Active

Your device might be distinguished from other devices based on information it
automatically sends when accessing the Internet (for instance, the IP address of
your Internet connection or the type of browser you are using) in support of the
purposes exposed in this notice.

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