# Samuel Alito flag display controversy

On May 16, 2024, The New York Times reported that an upside-down American flag was flown outside of the residence of United States Supreme Court justice Samuel Alito in Alexandria, Virginia. The upside-down flag was used as a symbol displayed by supporters of former president Donald Trump during the January 6 Capitol attack and by members of the Stop the Steal movement, a campaign to attempt to overturn the 2020 presidential election. On May 22, the Times reported a second incident involving the Pine Tree Flag at Alito's beach house on Long Beach Island in New Jersey. The Pine Tree Flag has been used by Christian nationalists and was carried during the Capitol attack. The flag displays incited controversy in the U.S., including questions of judicial impartiality; the Supreme Court received an appeal regarding the judgment in United States v. Fischer (2023), a case involving the January 6 Capitol attack, during the second incident.
Alito has responded by saying he had no involvement in hoisting either flag, stating "My wife is fond of flying flags. I am not." Reactions have been mixed, with most Democrats condemning Alito and most Republicans defending Alito.

## Flag displays
### Alexandria residence

On May 16, 2024, The New York Times published an article by Jodi Kantor reporting that an upside-down American flag was flown outside Alito's residence in Alexandria, Virginia. The flag was flown after the January 6 Capitol attack and while the Supreme Court was considering an appeal to Republican Party of Pennsylvania v. Degraffenreid (2020) and Corman v. Pennsylvania Democratic Party (2020); Alito dissented from the denial of certiorari. Neighbors of the Alitos interpreted the upside-down flag as a political statement; the upside-down American flag was displayed during the Capitol attack and used by members of the Stop the Steal movement, a campaign to attempt to overturn the 2020 presidential election. According to interviews conducted by the Times, Alito's wife, Martha-Ann, was involved in a dispute in their neighborhood over signs critical of former president Donald Trump. An email obtained by The New York Times states the flag was visible for several days. The Washington Post was aware of the upside-down flag in January 2021, but did not report on it at the time.
On February 15, 2021, the young couple involved in the confrontation phoned the police to lodge a complaint that they were being harassed by Mrs. Alito.

### Long Beach Island residence

On May 22, The New York Times published a second article by Kantor, Aric Toler, and Julie Tate reporting that the Pine Tree Flag was flown outside Alito's beach house on Long Beach Island in New Jersey from July to September 2023. During the flag's presence, the Supreme Court was considering the appeal in United States v. Fischer (2023), a case involving the January 6 Capitol attack.
The Pine Tree Flag was one of the flags used during the American Revolution. In the 2020s, the flag was flown at events attended by various far-right groups including a Christian nationalist strand of Donald Trump's "Stop the Steal" movement.

## Responses and analysis
### Alito's response

Responding to The New York Times, Alito said he had no involvement in hoisting the upside-down American flag. He reiterated that the flag was flown in response to a dispute with a neighbor in an interview with Fox News, clarifying that his wife was upset about a "Fuck Trump" sign. He told Fox News host Shannon Bream that the neighbor blamed him for the January 6 Capitol attack and called his wife a "cunt".
In a May 29, 2024 letter to Senators Durbin and Whitehouse, Alito reiterated details from his response earlier. He also stated "My wife is fond of flying flags. I am not." He said that the New Jersey "vacation home was purchased with money she inherited from her parents and is titled in her name."
A secret recording by Lauren Windsor captured Alito's wife, Martha-Ann Alito, discussing the event in June 2024, in which she said, "I want a Sacred Heart of Jesus flag because I have to look across the lagoon at the Pride flag for the next month," adding later in the conversation that would "get" "the media". She also told Windsor, "Look at me, look at me, I'm German, from Germany. My heritage is German. You come after me, I'm going to give it back to you".

### Democratic response

White House press secretary Karine Jean-Pierre declined to comment on the incident, but said President Joe Biden believes in the sacredness of the American flag. Senate Committee on the Judiciary chairman Dick Durbin requested Alito's recusal from cases involving the January 6 Capitol attack or the 2020 presidential election. Senate Judiciary Committee member Richard Blumenthal raised concerns on MSNBC about the Supreme Court's credibility. Senator Brian Schatz said the upside-down flag incident was a "wild, radical thing" for Alito to have done. Senate Judiciary Committee members Sheldon Whitehouse and Peter Welch expressed outrage.
House Minority Leader Hakeem Jeffries and Representative Alexandria Ocasio-Cortez called for Alito's recusal. Representative Jerry Nadler said the Supreme Court should be term-limited and a code of ethics should be enforced; Representative Jamie Raskin called for an ethics panel. House Committee on the Judiciary member Steve Cohen introduced a resolution to censure Alito. Forty-five representatives, joined by ranking member of the House Judiciary Committee Hank Johnson, signed a letter requesting Alito's recusal.
The flag displays were condemned by the Indivisible movement. Demand Justice aired an advertisement asking Congress to investigate Alito.
On May 29, 2024, U.S. Representative Jamie Raskin published an essay, "How to Force Justices Alito and Thomas to Recuse Themselves in the Jan. 6 Cases", in The New York Times about the recusal of judges, including those on the Supreme Court.

### Republican response

Former Vice President Mike Pence praised Alito for flying the Pine Tree Flag. Senate Minority Leader Mitch McConnell downplayed the upside-down flag incident. Senator Tom Cotton called the controversy an intimidation attempt. Senator Lindsey Graham said hoisting the upside-down flag was "not good judgment".

### Legal response

According to legal experts The New York Times interviewed, the incidents violate the Code of Conduct for Justices of the Supreme Court of the United States. University of Virginia law professor Amanda Frost compared the upside-down American flag to a Stop the Steal sign. Washington University School of Law legal ethics professor Kathleen Clark told USA Today that the upside-down flag constituted political activity. Brennan Center for Justice director Alicia Bannon posted on X that Alito should recuse himself. Indiana University Maurer School of Law professor Charles Geyh anticipated that Alito would not recuse himself, adding that the flag displays affect how the Supreme Court is perceived and its impartiality. In an interview on CNN, former district judge John E. Jones III admonished Alito.
New York University School of Law legal ethics professor Stephen Gillers supported Alito's narrative, questioning his awareness of the flag's presence or its association with the Stop the Steal movement. Citing precedent in Ruth Bader Ginsburg's involvement in cases with former president Donald Trump as a party despite having called him a "faker", the informality of recusal, and Alito's narrative, Emory University School of Law professor Michael Broyde argued against Alito's recusal in an article for CNN.

### Media response

Slate questioned Alito's claim. The New Republic cited deputy chief of staff for Don Beyer Aaron Fritschner, who noted that elementary schools in Alexandria, Virginia, were closed due to the COVID-19 pandemic when the flag was present. Vanity Fair wrote Alito "doesn't give a fuck". The New York Times's Michael Barbaro noted Alito did not reject the upside-down flag in his response. A comparison between Alito's response and Senator Bob Menendez blaming his wife for accepting bribes was made by CNN's Zachary B. Wolf and The New York Times.
Ed Pilkington of The Guardian cast doubt on the Supreme Court's impartiality. Stephen Colbert joked about Alito blaming his wife on The Late Show. After the second report, Michael Kosta quipped on The Daily Show that Alito got a "two-for-one deal at the MAGA flag store".