At Justice Alito’s house, a ‘stop the steal’ symbol on display

In a photo obtained by The New York Times, an inverted flag flying at the residence of Supreme Court Justice Samuel Alito in Alexandria, Va., on Jan. 17, 2021, three days before the Biden inauguration. An upside-down flag, adopted by Trump supporters contesting the Biden victory, flew over the justice’s front lawn as the Supreme Court was considering an election case. (via The New York Times) -- NO SALES; FOR EDITORIAL USE ONLY WITH NYT STORY SLUGGED SCOTUS ALITO FLAG BY JODI KANTOR FOR MAY 16, 2024. ALL OTHER USE PROHIBITED. --

FILE — Justice Samuel Alito at a formal portrait for Supreme Court justices, in Washington, on Friday, Oct. 7, 2022. An upside-down flag, adopted by Trump supporters contesting the Biden victory, flew over the justice’s front lawn as the Supreme Court was considering an election case. (Erin Schaff/The New York Times)

After the 2020 presidential election, as some Trump supporters falsely claimed that President Joe Biden had stolen the office, many of them displayed a startling symbol outside their homes, on their cars and in online posts: an upside-down American flag.

One of the homes flying an inverted flag during that time was the residence of Supreme Court Justice Samuel Alito, in Alexandria, Virginia, according to photographs and interviews with neighbors.

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The upside-down flag was aloft on Jan. 17, 2021, the images showed. President Donald Trump’s supporters, including some brandishing the same symbol, had rioted at the Capitol a little over a week before. Biden’s inauguration was three days away. Alarmed neighbors snapped photographs, some of which were recently obtained by The New York Times. Word of the flag filtered back to the court, people who worked there said in interviews.

While the flag was up, the court was still contending with whether to hear a 2020 election case, with Alito on the losing end of that decision. In coming weeks, the justices will rule on two climactic cases involving the storming of the Capitol on Jan. 6, including whether Trump has immunity for his actions.

Their decisions will shape how accountable he can be held for trying to overturn the last presidential election and his chances for reelection in the upcoming one.

“I had no involvement whatsoever in the flying of the flag,” Alito said in an emailed statement to the Times. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”

Judicial experts said in interviews that the flag was a clear violation of ethics rules, which seek to avoid even the appearance of bias, and could sow doubt about Alito’s impartiality in cases related to the election and the Capitol riot.

The mere impression of political opinion can be a problem, the ethics experts said.

© 2024 The New York Times Company

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