According to a New York Times report, an upside-down American flag was observed flying outside the home of Supreme Court Justice Samuel Alito after the election. This flag is used by certain supporters of former President Donald Trump to question the validity of President Joe Biden’s 2020 victory.
On January 17, 2021, just three days before Biden’s inauguration, the flag could be seen proudly displayed at Alito’s residence in Alexandria, Virginia. A photo of the flag was published by The New York Times, which has led to concerns about Alito’s impartiality in upcoming high-profile cases related to the election and the January 6 Capitol attack.
Justice Alito, in a statement sent via email to the Times, clarified that he had no role in the flying of the flag. Mrs Alito briefly placed it in response to a neighbor’s use of objectionable and personally insulting language on yard signs.
The upside-down flag has been linked to the “Stop the Steal” movement, which made unfounded allegations of widespread election fraud in the 2020 election. This symbol was prominently displayed during the attack on the US Capitol that took place on January 6, 2021.
No comments have been made by the Supreme Court regarding the incident. This revelation further intensifies the scrutiny that the court is already under, especially considering past controversies surrounding Justice Clarence Thomas. Thomas has faced scrutiny due to his wife Virginia “Ginni” Thomas’s participation in Trump’s rally prior to the Capitol attack and her attempts to undermine the election results.
Last autumn, the Supreme Court implemented a code of conduct to provide guidance to justices regarding their involvement in political activities. This decision came after revelations about travel accepted by Justices Thomas and Alito.
James Sample, a professor at Hofstra Law School, expressed his opinion on the situation, stating that the gesture was either an act of trivial pettiness that should be beneath the court’s dignity, or it was meant as a significant symbol, which would pose a genuine problem. He emphasised the importance of Congress implementing effective ethics enforcement on the court in light of these situations.
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