Center for American Progress

STATEMENT: Alito’s Ugly Flag Display Demands Investigation, Recusal from Insurrection Cases
Press Statement

STATEMENT: Alito’s Ugly Flag Display Demands Investigation, Recusal from Insurrection Cases

Washington, D.C. — Following a report that U.S. Supreme Court Justice Samuel Alito flew an upside-down American flag at his house in the days leading up to President Joe Biden’s inauguration, Devon Ombres, senior director for Courts and Legal Policy at the Center for American Progress, issued the following statement:

Justice Alito’s open display of a blatant symbol of lawlessness outside his home isn’t just a shocking breach of judicial ethics. It’s a matter-of-fact admission of his partisan sympathy with Donald Trump’s “stop the steal” movement, which led to the violent insurrection on January 6. His pathetic excuse that his wife hung the flag as part of a political dispute with a neighbor is even more damning because he’s admitting it was a partisan act.

It’s unacceptable that Alito now sits in judgment of whether Trump’s actions deserve the imprimatur of presidential immunity. Chief Justice John Roberts and the other justices must demand Alito’s recusal from any case related to the January 6 insurrection. If Alito had any sense of propriety or humility, he would resign. Absent that, the chief justice must open a full, transparent investigation into this matter. The Senate Judiciary Committee should also open an investigation. To ignore this would only further embarrass the court and undermine its standing with the public.

For more information or to speak with an expert, please contact Sam Hananel at [email protected].

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