Ranking Mass. Democrat weighs in on Alito's flag choices, calls for recusal

Massachusetts' top Democrat has waded into the developing conversation over Associate Supreme Court Justice Samuel Alito’s questionable flag-display choices.

According to U.S. House Minority Whip Katherine Clark, recent revelations that the U.S. flag was flown upside down outside of Alito’s Alexandria, Virginia, home in January of 2021 and that an “Appeal to Heaven” flag was flown at his New Jersey beach house during the summer of 2023 both demonstrate that the justice is too close to some of the cases he’s set to decide.

“Justice Alito has displayed flags at his homes that support insurrection against our government, promote religious nationalism, and attack free and fair elections. This is not just another example of extremism that has overtaken conservatism. This is a threat to the rule of law and a serious breach of ethics, integrity, and Justice Alito’s oath of office,” the Democratic congresswoman from Revere said in a Thursday morning statement.

Reports that Alito flew the U.S. flag in its duress position in 2021 were met with claims from the justice that it was his wife that flew the flag upside down in response to a neighbor’s political yard signs and that the flag was not, as alleged, flown that way in support of former President Donald Trump’s claims the 2020 election was somehow stolen or in furtherance of the “stop the steal” movement.

The Pine Tree Flag featuring the “Appeal to Heaven” phrase, a relic of the Revolutionary War, is now seen as divisive by some after it was carried by several of the rioters attempting to storm the U.S. Capitol in January of 2021 to halt the certification of Biden’s victory over Trump.

Flying either flag, according to Clark, is a sign that the Bush appointee should recuse himself from proceedings concerning Trump’s claims of presidential immunity and over decisions that would affect the hundreds of people charged with a crime over their involvement in the Jan. 6 attack on Congress.

“At minimum, he must recuse himself from any cases involving January 6th, Donald Trump, and the security of our elections. Anything less will tarnish our judicial system and democracy,” Clark said.

Former Massachusetts governor Mitt Romney, now a Republican U.S. Senator representing Utah, described Alito’s actions as “unfortunate.”

“We ought to take a look at it,” he told reporters in D.C.

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