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.

After the 2020 presidential election, as some Trump supporters falsely claimed that President 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 A. Alito Jr., in Alexandria, Va., according to photographs and interviews with neighbors.

The upside-down flag was aloft on Jan. 17, 2021, the images showed. President Donald J. Trump’s supporters, including some brandishing the same symbol, had rioted at the Capitol a little over a week before. Mr. 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.

“I had no involvement whatsoever in the flying of the flag,” Justice 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 Justice Alito’s impartiality in cases related to the election and the Capitol riot.

Non-paywall link

142 points

This is why it’s so fucking insane Dems keep appointing “moderates” to the SC…

Republicans are putting literal cult members, rapists, and insurrectionists on there.

And the best we get is someone who will legitimately be non biased (except for rich people, both parties pick justices biased towards the wealthy).

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44 points

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-2 points

Like Merrick Garland? Basically the only guy who could have maybe made it through a confirmation hearing with a Republican-controlled Congress when Obama was in office? Someone who couldn’t really be attacked on the merits, making it pretty obvious that McConnell’s shenanigans were 100% political? Or are Sotomayor, Kagan, and Jackson moderates?

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-1 points

When was the last time a democrat appointed someone to the SC?

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6 points

https://en.wikipedia.org/wiki/Ketanji_Brown_Jackson

Katanji Brown Jackson was appointed to the Supremell Court in 2022, by Democratic President Joe Biden. She replaced Stephen Breyer when he retired.

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-1 points

Don’t worry Katanji is a black women. Black women are quite used to be completely ignored in society.

Black Women Often Ignored by Social Justice Movements

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30 points

It’s also insane that four Democrats voted in favor of Alito’s appointment. Of all the times to reach across the aisle, they do it on the longest lasting decision they’ll make in that position.

https://en.wikipedia.org/wiki/Samuel_Alito_Supreme_Court_nomination

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-28 points

Oh no! An impartial Justice! It’s a good thing we have CLEARLY ENFORCEABLE RULES against the Highest Court in the Land making Judgements not based on Law but based on Bias!

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17 points

1-I think you’re confused what impartial means

2-The rules of ethics are not enforceable. The justices are to self-manage and recuse themselves in such situations

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11 points

The justices are to self-manage and recuse themselves in such situations

The real trouble is, this isn’t even just a “situation.” “Stop the steal” is based on a fundamental opposition to the rule of law, which is wholly incompatible with being a judge – let alone a Supreme Court Justice – at all.

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1 point
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1 point

Do you travel much?

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3 points
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1 point

You should visit Canada… Though, to be honest, they’re not flying American Flags

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1 point
4 points

I normally call most of you insane and alarmist.

Not going to do that here.

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8 points

We still can and should pack the court.

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4 points

“we” includes the Republican-controlled House of Representatives. I’d love to see it, but…

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2 points

Maybe I am incorrect, but you only need the Senate to confirm a new justice.

Do you need the house to change the number of justices, I was under the impression you could do it with just the Senate and president

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1 point

https://constitution.congress.gov/browse/essay/artIII-S1-8-3/ALDE_00013559/

In 1869, under a new presidential administration, Congress expanded the Court to include nine Justices.11 The 1869 legislation was the last time Congress changed the size of the Supreme Court.

That was how we went up to nine justices. I assume “Congress” to mean both houses, otherwise they presumably would’ve said which house. But admittedly I haven’t dug into the logistics of that particular action

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1 point

The House of Representatives is only needed if there is a law on the books that says there can only be 9 Justices on the Supreme Court.

If there is no law, then yeah. Only need the Senate to change the amount of justices.

I would love it if there was a law about it as it would make it slightly harder for bad faith actors to expand the Court on the grounds of “The other side got to do it, so we get to do it too!” Aka Republicans.

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