Congress Is Taking a Hard Line on Alito Over Flag Display

( — Tennessee Democrat Rep. Steve Cohen on Tuesday proposed a resolution censuring Supreme Court Justice Samuel Alito over a recent news report about his wife displaying the American flag upside-down at their home in late January 2021.

Justice Alito maintains that he had nothing to do with the upside-down flag kerfuffle from over three years ago.

According to Alito, his wife briefly displayed the upside-down flag at their home during a dispute with a neighbor over the “F*ck Trump” signs in his front yard around the time Joe Biden was inaugurated.

News outlets, Democratic politicians, and social media erupted in anger over the news, demanding that Justice Alito recuse himself from cases involving the 2020 election and the January 6 Capitol riot.

The upside-down has long been used as a signal of protest or distress. However, the media claimed that it was somehow unique to the so-called “Stop the Steal” movement, and thus was an indication that Justice Alito’s wife was a secret insurrectionist.

Rep. Cohen’s resolution to censure Alito for his wife’s upside-down flag accuses the justice of “knowingly” violating the statute on federal recusals and the Supreme Court’s “binding ethics standards.” It claims that Alito’s wife’s actions call into question the “impartiality of the Supreme Court.”

In a May 21 press release, the Tennessee Democrat claimed without evidence that the upside-down flag outside of the Alito home showed “the world” that the justice “supported the January 6th insurrectionists.”

Cohen also accused Justice Alito of violating the Supreme Court’s ethics rules and federal statutes by not previously recusing himself from cases involving the January 6 rioters and the 2020 election.

Cohen said for there to be “accountability to protect the integrity and impartiality” of the Supreme Court, Congress “must protect the Constitutional rights to fair and impartial proceedings” by censuring Alito for his supposed “flagrant breaches” of court ethics and the law.

He also demanded that Justice Alito recuse himself from any future cases related to the January 6 riot or the 2020 election.

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