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By Anna Commander
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Supreme Court Justice Samuel Alito faces calls from Democratic lawmakers on Friday to recuse himself from cases after a New York Times report on Thursday said an upside-down American flag was seen flying in his yard days before President Joe Biden's 2021 inauguration.
According to photos obtained by the NYT, the inverted flag was seen flying in Alito's yard in Alexandria, Virginia, on January 17, 2021. Notably, the timing of these photos came days after former President Donald Trump's supporters attacked the U.S. Capitol in Washington, D.C., in protest of the 2020 election results.
In an emailed statement to the NYT, Alito said, "I had no involvement whatsoever in the flying of the flag," adding, "It was briefly placed by Mrs. Alito in response to a neighbor's use of objectionable and personally insulting language on yard signs."
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An upside-down American flag should not be flown unless "as a signal of dire distress in instance of extreme danger to life or property," according to the Associated Press, which cited the U.S. Flag Code. Numerous Trump supporters have also displayed the inverted flag as a sign of protest.
Newsweek reached out to the Supreme Court via email for comment Friday afternoon.
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On Friday, numerous Democratic lawmakers voiced their concerns with Alito's role in impending Trump or January 6-related cases, including one deciding whether the former president has immunity for his actions related to the 2020 election.
Below is a current list of lawmakers calling for Alito's recusal:
Democratic Senator Dick Durbin, Illinois
Democratic Senator Richard Blumenthal, Connecticut
Democratic Senator Elizabeth Warren, Massachusetts
Democratic Representative Adam Schiff, California
Democratic Representative Ted Lieu, California
Democratic Representative Hakeem Jeffries, New York
Democratic Representative Steve Cohen, Tennessee
Democratic Representative Pramila Jayapal, Washington
Democratic Representative Don Beyer of Virginia also posted to X on Friday, saying Alito had a "duty to recuse himself" and that this is another "major ethics breach" for the court.
Supreme Court Justice Clarence Thomas has also faced numerous calls for his recusal from January 6-related cases, after his wife, Ginni Thomas, admitted that she attended a Trump rally before the January 6 attack on the U.S. Capitol. Ginni told The Washington Free Beacon in a 2022 interview that she left the rally early because she was cold.
Republican Senator Tom Cotton of Arkansas came to the Alitos' defense on X, posting: "This is the NYT trying to smear Mrs. Alito and incite another mob to try to intimidate justices, harass them at home, or worse. Shameful!"
Legal analyst Jonathan Turley told Newsweek via email on Friday, "Justice Alito issued a rare public statement that it was his wife [Martha-Ann Alito] who took this action in response to neighbors. It is unclear how these legislators can show a different intent."
Turley continued, "Resolving any doubts against a justice is hardly a compelling standard. It is notable that none of these legislators or commentators called for Justice [Ruth Bader] Ginsburg to recuse herself from any Trump related matters after her public comments." Ginsburg made her dislike for Trump known, notably calling him a "faker" in 2016. Ginsburg died in 2020 of complications related to pancreatic cancer.
Palm Beach County State Attorney Dave Aronberg from Florida also told Newsweek on Friday when asked if Alito should recuse himself, "Justice Thomas and Justice Alito should remove themselves from all Jan 6 related cases. But they won't." Aronberg continued when asked if Chief Justice John Roberts should intervene, "He should, but he won't. There is a crisis of confidence with this Court and Justice Roberts has not demonstrated the will to address it with more than hollow words."
Notably, Republicans have also slammed Alito after the NYT report. Trump critic and former aide Alyssa Farah Griffin posted to X on Friday, saying: "US flag code states the American flag should not be flown upside down except as a symbol of dire national distress. That a SCOTUS Justice would allow this to be displayed at his home days before a peaceful, lawful transition of power is deeply disturbing."
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