Supreme Court Chief Justice John Roberts is facing pressure to recuse Justice Samuel Alito from 2020 election-related cases following a controversy over flags that flew at the justice’s two homes before and after the Jan. 6, 2021, attack on the Capitol.
“By displaying an upside-down flag and a ‘Appeal to Heaven’ flag outside his home, Justice Alito has actively engaged in politics, failed to avoid the appearance of misconduct, and failed to take any action that would enhance public confidence in judicial impartiality,” Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) and Sheldon Whitehouse (D-Ind.), chairman of the Federal Courts Judiciary Subcommittee, wrote in a letter to Roberts.
The lawmakers also called for a meeting with the Chief Justice of the Supreme Court “as soon as possible.”
Alito claims wife flew flag upside down after argument with offensive neighbor
Justice Dick Durbin has requested a meeting with Chief Justice John Roberts to encourage Justice Samuel Alito to recuse himself from election-related cases. (Getty Images)
Two recent reports first reported that an upside-down American flag was flown at Alito’s home shortly after the Capitol storming, and that a “Claim to Heaven” flag was flown at his vacation home. The New York Times.
“He has also raised reasonable doubts about his impartiality and ability to perform the duties of his duties fairly in events related to the 2020 presidential election and the January 6th attack on the Capitol. His resignation in these matters is necessary and demanded,” Durbin and Whitehouse wrote.
The Supreme Court has yet to rule on former President Trump’s immunity claim in his federal election interference lawsuit. Whether Alito joins the case could be a deciding factor for the court’s 6-3 conservative majority.
The Democratic senators also renewed their demand for the Supreme Court to “enforce a code of conduct for Supreme Court judges.” Until then, they said they would continue to push for the passage of a bill to enforce such a code in the Supreme Court. They recommended the Supreme Court Ethics, Challenges and Transparency Act (SCERT), which would require the Supreme Court to develop and make public a code of ethics. The bill would also allow for complaints against judges and review by a judicial review committee.
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Durbin called on Alito to resign after the initial report. (AP Photo/Susan Walsh, Poole)
After initial reports emerged that the flag was flying upside down at Justice Alito’s home near Washington, D.C., the justice explained to Fox News’ Shannon Bream that his wife had chosen to temporarily turn the flag over after a heated argument with a “political” neighbor. The upside-down flag traditionally symbolizes a national crisis, and was also used by some during the storming of the Capitol.
After the second report linked the “Appeal to Heaven” flag to the January 6, 2021, attack on the Capitol, many Republicans came to Justice Alito’s defense.
According to a U.S. military website that documents the history of naval vessels, the “Appeal to Heaven” flag has flown on Massachusetts naval ships and was also known to have flown on schooners commanded by President George Washington as Commander in Chief of the Continental Army.
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Crowds gather at a “Stop the Steal” rally in Washington, DC on January 6, 2021. Trump supporters gathered in the nation’s capital today to protest the ratification of the Electoral College victory of President-elect Joe Biden over President Trump in the 2020 election. Supporters are seen holding flags that read “Call to Heaven.” (Spencer Pratt/Getty Images)
The motto is a quote from the English philosopher John Locke: “Whenever any body of people, or any individual, is deprived of their rights, or subjected to powers which they have no right to, and have no recourse on earth, they are free to appeal to heaven, whenever they shall judge that there is sufficient cause for it.”
The expression “appeal to heaven” is understood to refer to the colonists fighting back against the oppression of the British Crown.
Sen. Tom Cotton (R-Arkansas) on Thursday revealed the historic flag is hanging outside his Senate office at X. “I support George Washington and Martha Ann Alito over pearl-clutching liberals at The New York Times and Democrats in Congress,” Cotton said.
Republican Senator Mike Lee of Utah echoed Cotton’s opinion, writing in response, “Martha Ann Alito = American Patriot,” referring to Cotton’s wife.
The flag also flies outside the personal office of House Speaker Mike Johnson, a Republican from Louisiana.
Fox News Digital has reached out to the Supreme Court and requested comment from both Justices Roberts and Alito.
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The Supreme Court has a 6-3 conservative majority. (U.S. Supreme Court Collection via Getty Images)
The revelation that the flag was flying at Alito’s home prompted some progressive Democrats to renew calls for the party to expand the size of the Supreme Court to allow for the confirmation of more Democrats.
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“Justice Alito must recuse himself from anything related to the January 6th insurrection and we must expand the size of the Supreme Court to ensure that the seat Donald Trump stole does not undermine our democracy,” Sen. Ed Markey (D-Mass.) wrote on X.
Democratic Senator Tina Smith of Minnesota also called for expanding the Supreme Court, writing on X that “Alito once again proves why we cannot sit back and watch while right-wing extremists run the highest court in the nation.”
