Justice Faces Criticism Over Flag
In yet another attempt by The New York Times to target conservative Supreme Court Justice Samuel Alito, the author of the decision overturning Roe v. Wade, the Times reported that the “Appeal to Heaven” flag was flown at Alito’s beach house last summer. This flag, originally used by a squadron of frigates commissioned by George Washington during the Revolutionary War, features a pine tree and has recently become a symbol associated with the “Stop the Steal” campaign and support for former President Donald Trump.
The Times noted that the flag was carried by rioters at the Capitol on January 6, 2021, and now represents a push to remake American government in Christian terms. The historical context of the flag dates back to pre-Revolutionary America when England used New England white pine trees for ship masts. King George III banned colonists from chopping down these trees, leading to the Pine Tree Riot of 1772, a precursor to the Boston Tea Party.
Justice Alito must recuse himself from anything related to the January 6th insurrection and we must expand the Court to ensure that Donald Trump’s stolen seats don’t dismantle our democracy.
— Ed Markey (@SenMarkey) May 23, 2024
According to the Times, several ethics experts found the news of the flag troubling. They argued that it ties Justice Alito more closely to symbols associated with the January 6th insurrection and noted its display occurred as an obstruction case was coming before the court. The Times opined that the flag could be seen as telegraphing the Alitos' views, which is problematic as judges are expected to remain impartial. A law professor from Indiana University called the situation “deeply disturbing.”
This report follows a series of criticisms directed at Alito by the Times. Last week, the paper reported on an upside-down American flag flown outside Alito’s Virginia home in 2021. Six days later, the Times published letters condemning Alito in a column titled, “Justice Alito’s Blame-the-Wife Defense.”
According to Fox News, Alito explained that the saga in his neighborhood began around January 6, 2021, when a neighbor put up a “F*** Trump” sign near a children’s bus stop. After Alito’s wife, Martha-Ann, spoke with the neighbors, they put up a sign attacking her personally. Alito added that a person living at the property with the Trump sign called his wife a derogatory term, prompting her to briefly fly the flag upside down.
The controversy surrounding Alito has been ongoing. In June 2023, the Times quoted people criticizing The Wall Street Journal for allowing Alito to write an opinion piece explaining his position following questions from ProPublica about a 2008 fishing trip.
The Journal published Alito’s piece before ProPublica released its article attacking him. The Times acknowledged that ProPublica’s editor-in-chief, Stephen Engelberg, stated that ProPublica always invites responses before publication.
The latest revelations about the “Appeal to Heaven” flag at Alito’s beach house add another layer to the scrutiny faced by the Justice. The ongoing debate highlights the tensions between the judiciary’s expected impartiality and the personal views of its members. As the investigation continues, the spotlight remains on Alito and the broader implications for the Supreme Court’s reputation and integrity.