Dems Take Action Against “Shameless” Samuel Alito Over Jan. 6 Flag
A Tennessee Democrat is taking formal action against “shameless” Supreme Court Justice Samuel Alito after revelations that an upside-down American flag flew at his home in Alexandria, Virginia, in the wake of the January 6 insurrection.
Representative Steve Cohen introduced a resolution Tuesday to censure Alito for “knowingly violating the Federal recusal statute and binding ethics standards and calling the impartiality of the Supreme Court of the United States into question.”
“Beyond poor judgment, Justice Alito’s misuse of the American flag is a knowing and shameless demonstration of his political bias,” Cohen said in a statement. “He literally flew a flag in front of his house showing the world he supported the January 6th insurrectionists. What’s more, he continues to participate in litigation directly related to the 2020 election and the Insurrection, in direct violation of the federal recusal statute and the Supreme Court’s own ethics rules.”
“There must be accountability to protect the integrity and impartiality of the High Court,” Cohen continued. “We must protect the Constitutional rights to fair and impartial proceedings. Justice Alito should be censured for flagrant breaches of the law and court rules, and he must recuse himself from all other 2020 election and January 6th related litigation.”
The New York Times revealed on Friday that the upside-down flag was spotted in Alito’s yard on January 17, 2021. In the weeks and months after Donald Trump lost the 2020 election, many of his supporters flew the flag upside down in protest of what they wrongly believed to be a stolen election. Alito, like a true gentleman, blamed it on his wife, claiming that she had hung it upside down to protest a neighbor’s yard signs.
As TNR’s Matt Ford wrote earlier this week, “The revelation casts doubt on whether Alito can ethically decide cases related to the January 6, 2021, attack on the Capitol. Multiple such cases are pending before the court, including one on whether Donald Trump himself is immune from prosecution for his role in the coup attempt.”
Cohen’s statement echoes that of a conservative member in the upper chamber, Senator Lindsey Graham, who said the flag choice was “not good judgment.” But not all GOP lawmakers felt similarly. On Tuesday, Senate Minority Leader Mitch McConnell brushed off a question about Alito’s behavior, telling reporters that the country needs to “leave the Supreme Court alone.”
No doubt Alito feels the same. “Alito doesn’t care,” Ford wrote. “He abides by judicial ethics requirements, and the general principle that judges should appear to be impartial and nonpartisan, only to the degree that they suit his own preferences.”