Democrats criticize Alito for displaying upside-down American flag, renew calls for ethics reform

Justice Alito faces backlash after upside-down flag at home post-January 6. Calls for ethics standards on Supreme Court intensify.

Justice Samuel Alito faced backlash on Friday after an upside-down American flag was flown outside his home following the January 6, 2021, attack on the US Capitol. The New York Times published a photo of the flag seen at Alito's home in Alexandria, Virginia, on January 17, 2021, just days before President Joe Biden's inauguration. Alito claimed he had no involvement in hanging the flag, stating that it was briefly placed there by his wife.

Critics were not satisfied with this explanation, especially considering that the Supreme Court is hearing cases related to the aftermath of the 2020 election. The upside-down flag became a symbol for supporters of former President Donald Trump who falsely claimed widespread fraud in the election.

Minnesota Governor Tim Walz expressed his shock at the situation, stating that it is not normal for a Supreme Court justice to have to explain why an upside-down flag was flown in response to an insurrection. Last fall, the Supreme Court adopted a code of conduct for the first time in response to revelations about travel accepted by Alito and Justice Clarence Thomas. This code guides the justices to refrain from political activity, leading many to speculate that the incident with Alito may have violated these provisions.

Critics argue that the code is self-enforced and does not adequately address scandals that have plagued the high court for years. Democratic members of Congress are calling for ethics reform for the high court, with Senator Dick Durbin stating that the incident with the flag creates the appearance of bias and Justice Alito should recuse himself from cases related to the 2020 election and the January 6th insurrection.

Republicans have been more muted in their response, with Senator Tom Cotton blaming the media for attempting to incite another mob to intimidate justices. The Supreme Court's public support has remained low since the overturning of Roe v. Wade in 2022, and tensions within the court have been exacerbated by controversial cases and ethics scandals.

Justice Thomas recently lamented a loss of collegiality within the court, suggesting that tensions are still present. The Supreme Court is currently considering two major cases related to the 2020 election and the Capitol attack, including Trump's claim of absolute immunity from election subversion charges and a challenge to an obstruction charge filed against a January 6 rioter.

The incident with the flag has raised concerns about ethics and bias within the Supreme Court, highlighting the need for reform and accountability.

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