Upside-down flag at Justice Alito's home another blow for Supreme Court under fire

An upside-down U.S. flag has long been a sign of dire distress and versatile symbol of protest. But in January 2021, when it flew over the home of Supreme Court Justice Samuel Alito, it was largely seen in connection with a specific cause: the false claim by then-President Donald Trump’s supporters that the 2020 election had been marred by fraud.

The revelation this week about the flag flying at Alito’s home was the latest blow to a Supreme Court that was already under fire as it considers unprecedented cases against Trump and some of those charged with rioting at the U.S. Capitol on Jan. 6, 2021.

Alito has said the flag was briefly flown by his wife amid a dispute with neighbors and he had no part in it. But the incident reported by The New York Times adds to concerns about an institution that’s increasingly seen as partisan and lacking strict ethical guidelines.

The high court is now facing questions about whether the spouses of two of its members question the legitimacy of the 2020 election, and if those justices should be hearing cases related to the Jan. 6 riot and Trump’s role in it. Justice Clarence Thomas, appointed by President George H.W. Bush, has resisted calls for recusal after reports that his wife Virginia Thomas was involved in efforts to overturn President Joe Biden’s 2020 election win.

“We’re talking about a fundamental bedrock American value about peaceful transfer of power, about elections,” said Tony Carrk, executive director of Accountable.US, a progressive watchdog organization. “It’s just the integrity of the democratic process.”

Several Democrats in Congress called for Alito to recuse himself from Trump-related cases. Justices can and do voluntarily recuse themselves, but those are their own