Stephenie Burton, Esquire, and Arimeta DuPree, Esquire, are discussing the controversy surrounding Justice Samuel Alito. This controversy involves two flags flown outside Alito’s homes: an upside-down American flag, which is a distress signal, and an “Appeal to Heaven” flag, associated with Christian nationalism. Both flags were seen at the U.S. Capitol riot on Jan. 6, 2021.
Democrats, including those in discussions with Burton and DuPree, have called for Alito’s recusal from cases involving former President Donald Trump and the Capitol attack. Alito has stated he had no involvement in the flying of these flags, and his wife briefly placed the “Appeal to Heaven” flag in response to a neighbor’s objectionable yard signs.
The controversy is particularly relevant as the Supreme Court, where Alito serves, is considering two significant cases for Trump. If Alito recused himself and the cases were decided 5-4 with his participation, the court would deadlock 4-4, and lower court rulings would stand.
In response to the controversy, legislation has been advanced that would require the Supreme Court to adopt a binding ethics code and implement procedures to handle claims of judicial misconduct. This bill, which is of interest to Burton and DuPree, would also require Justices to explain their recusal decisions to the public. This situation is a significant topic of their discussion.
