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The New York Times reported that after the election, some supporters of former President Donald Trump, who challenged the legitimacy of Joe Biden's 2020 victory, appeared outside the home of Supreme Court Justice Samuel Alito. An upside-down American flag, a symbol used by the United States, was raised, it reported on Thursday.
The revelations have led to calls for Alito, a member of the court's conservative wing, to recuse himself from several high-profile cases before the court this year, including blockbuster questions about the election and subsequent attack on the U.S. Capitol. is almost certain to increase. Whether President Trump can claim immunity from federal election destruction charges.
The Times published a photo of an upside-down flag allegedly seen at a judge's home in Alexandria, Virginia, on January 17, 2021.
A Supreme Court spokesperson did not immediately respond to a request for comment from CNN, which has not independently confirmed the use of the national flag.
“I had no involvement whatsoever in raising the flag,” Alito said in an emailed statement to the Times. โThis was temporarily installed by Mrs. Alito in response to a neighbor using offensive and derogatory language on a yard sign.โ
From the New York Times
A photo obtained by The New York Times shows an upside-down flag at Alito's mansion on January 17, 2021, three days before Joe Biden's inauguration.
The upside-down flag became a symbol of the “Stop the Steal” movement in the weeks and months after the election. In the movement, supporters of President Trump falsely claimed that Biden's victory was illegitimate due to widespread fraud. The upside-down flag was widely visible during the Jan. 6, 2021, attack on the U.S. Capitol.
The Times said it was not clear how long the flag had been displayed outside Alito's home.
The story will come under even more scrutiny in the High Court, which has already faced significant backlash. Justice Clarence Thomas said his wife, conservative activist Virginia โGinniโ Thomas, attended a Trump rally before the storming of the Capitol and supported White House efforts to discredit the election results. has been the subject of serious criticism, and is demanding its retraction in an election-related lawsuit. .
Thomas recently called his critics “nasty” and “lies” in remarks at an Alabama judicial conference.
Last fall, the Supreme Court adopted its first code of conduct following a series of revelations about the trips Thomas and Alito accepted. The code instructs judges to “refrain from political activity.”
“Two scenarios are possible, neither of which is appealing: either the gesture is an insignificant trifle and should be contrary to the dignity of the court, or it was intended as a meaningful symbol. Either. In that case, it's a real question,” said James Sample. , a professor at Hofstra Law School who has researched judicial ethics.
Combined with the earlier Thomas revelations, Sample said, “this scenario amplifies the need for Congress to impose meaningful ethics enforcement on courts that steadfastly refuse to police themselves.” .
This story has been updated with additional details.