Rep. Steve Cohen (D-Tenn.) said Supreme Court Justice Samuel Alito, who is facing backlash for displaying two controversial flags in his home, is acting like a “street lawyer.”
“It is the responsibility of each judge to determine whether they have violated the ethical code and to recuse themselves if their impartiality is in question.” Cohen said: “I don’t think Mr. Alito is qualified to do that,” the host of MSNBC’s “The Weekend” said.
“He’s acting more like a street lawyer than a silk-stocking lawyer. The Supreme Court should be a silk-stocking lawyer,” he continued.
Cohen, a member of the Judiciary Committee, introduced the resolution to censure Alito in the House after The New York Times reported that an upside-down flag was flying outside Alito’s Virginia home shortly after the January 6 attack on the Capitol.
A white flag with a green pine tree – a symbol of a Christian-based government – was flown outside his villa in 2023, according to a separate report by The Times.
Democrats have raised alarms about Alito’s potential conflicts of interest.
Some Democrats have called on Justice Alito to step down as the Supreme Court is due to rule soon on a case over whether former President Trump has immunity from prosecution and other events related to the January 6 attacks.
Alito has denied having any involvement in raising the first flag, blaming it on his wife and a misunderstanding, but has said nothing about the second flag.
Cohen argued that the flag incident represented a “shameless demonstration” of Alito’s political bias.
“There must be accountability to protect the integrity and impartiality of the High Court and uphold the constitutional right to a fair and impartial hearing,” Cohen said in a statement.
On Friday, several Democratic senators on the Senate Judiciary Committee said they hope to meet with Chief Justice John Roberts about the flag case.
Sens. Dick Durbin (D-Ill.) and Sheldon Whitehouse (D-Iowa) have called on Roberts to meet as soon as possible to discuss the Supreme Court’s “ethics crisis” and to “ensure” that Alito recuses himself.
If that doesn’t work, Cohen said Democrats could at least try to pass a censure motion, “which would at least put a scarlet letter on Justice Alito, and I think that would have some impact on the Supreme Court’s opinion.” Cohen noted that could be difficult because the motion would have to be approved by Republican Rep. Jim Jordan of Ohio.
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