Justice Samuel Alito has declined calls from Democratic lawmakers to recuse himself from cases involving former President Donald Trump and defendants from the January 6, 2021, Capitol attack. This decision follows revelations that upside-down American flags and an “Appeal to Heaven” flag – symbols associated with the “Stop the Steal” movement and Christian nationalism – flew at his homes in Virginia and New Jersey, respectively.
In his letter to the lawmakers, Alito explained that the flags were flown by his wife, Martha-Ann Alito. He emphasized that his involvement with the flags was non-existent, labeling his wife as an “independently minded private citizen.” Alito asserted that her actions and decisions have no bearing on his obligations or impartiality as a Supreme Court justice. He also recounted that he requested his wife to take down the upside-down flag, although she initially refused. His justification centers around the Supreme Court’s code of conduct, which presumes justices are impartial unless significant cause for disqualification exists, and he argued that his situation did not meet this threshold.
The controversy drew attention when Jodi Kantor of the New York Times reported on May 16 that an upside-down flag had been seen outside the Alitos’ Virginia residence shortly after the Capitol attack. Subsequent reports noted that the “Appeal to Heaven” flag, historically linked to the Revolutionary War but recently adopted by Christian nationalist movements, had flown at the Alitos’ New Jersey vacation home during the summer of 2023.
In addressing these points, Alito reiterated that his wife’s choices, including the display of various flags, fall within her First Amendment rights and are unrelated to any political or ideological stance he may hold as a justice. He also highlighted that the New Jersey vacation home is solely owned by Martha-Ann Alito and is her space to relax away from Washington.
In his concluding remarks, Alito stated that the demand for his recusal does not meet the standard set forth in the justices’ code of conduct, and therefore he is “duty-bound” to remain involved in the cases. The decisions on these matters are anticipated to be released by late June or early July.
This article was originally published at Howe on the Court.