[Previous: The cartoonish corruption of the Supreme Court]
We already knew about the brazen corruption of the Supreme Court’s right-wing justices. Clarence Thomas, but also Samuel Alito, have a habit of accepting lavish gifts from billionaire friends with cases before the court. They don’t recuse themselves, but rule the way their plutocrat buddies want them to.
Now we’ve found out something much worse. In addition to his enthusiasm for bribes, Alito is also a fan of the January 6 insurrectionists:
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.
…During Mr. Trump’s quest to win, and then subvert, the 2020 election, the gesture took off as never before, becoming “really established as a symbol of the ‘Stop the Steal’ campaign,” according to Alex Newhouse, a researcher at the University of Colorado Boulder.
…Hanging an inverted flag outside a home was “an explicit signifier that you are part of this community that believes America has been taken and needs to be taken back,” Mr. Newhouse said.
Alito claims, implausibly, that the upside-down flag was his wife’s choice to display, not his, and wasn’t intended to convey a political message about the election, but was in response to an altercation she was having with one of her neighbors. This is bullshit and everyone knows it.
Not least, because we then found out that Alito’s house was flying another anti-democracy flag – the Christian nationalist “Appeal to Heaven” flag – as recently as 2023:
The newspaper published photos from neighbors and from Google Street View that show an “Appeal to Heaven” flag flying outside the justice’s beach house in Long Beach Island, New Jersey.
The flag, featuring a green pine tree on a white background, dates to the Revolutionary War, but is now linked with Christian nationalists and those who support former President Donald Trump.
The “Appeal to Heaven” flag was commissioned by Americans during the Revolutionary War, but it fell out of fashion for hundreds of years. But in the last ten years, it was readopted by the Christian right, at the urging of a radical pastor named Dutch Sheets. For them, it symbolizes their belief that God is on their side and will grant them victory regardless of human choices. It was carried by Trump supporters during the January 6 riot and Capitol invasion:
“When the election was called for Joe Biden and Trump refused to concede, almost all the prophets began saying God would have to intervene. Dutch Sheets converted his Give Him 15 prayer app into a YouTube show that became a clearinghouse for all the conversations about overturning the election, and Sheets was constantly infusing this Appeal to Heaven idea.
…It’s not a coincidence that you see Appeal to Heaven flags all over the place on Jan. 6. We know that at least one rioter wore an Appeal to Heaven flag inside the Capitol as a cape. When the FBI went to arrest him later, they found the Appeal to Heaven flag spattered with blood and mace. We can see in one video as the crowds breach the barricades, somebody with an Appeal to Heaven flag using that flagpole to beat down a police officer.” (source)
There’s no innocent explanation for Alito flying not one, but two flags linked to insurrection, election denial and Christian nationalism. Even the New York Times, where vacuous view-from-nowhere journalism is an ingrained habit, couldn’t resist a pointed take about the political implications:
This spring, the justices are already laboring under suspicion by many Americans that whatever decisions they make about the Jan. 6 cases will be partisan. Justice Clarence Thomas has declined to recuse himself despite the direct involvement of his wife, Virginia Thomas, in efforts to overturn the election.
There’s no mincing words: Alito is an election denier. What’s worse, he doesn’t care who knows it. Announcing his views by, literally, flying the flag for them indicates an unconcern with public perception. That suggests a feeling of impunity on his part. He thinks he’s above accountability or consequences.
We need to show him otherwise. Democrats in Congress have introduced a resolution to censure Alito. The FFRF is calling on atheists and skeptics to contact their congresspeople to support it.
This might seem like a waste of time, because censure is symbolic. By itself, it doesn’t accomplish anything. The religious right only cares about power – they’ll do whatever they can get away with, if no one stops them – and censure, even if it’s successful, doesn’t detract from his power.
However, it’s a good start. It’s an official recognition of his wrongdoing, and that lays the groundwork for more. If it passes, it builds momentum for further action: like ethics hearings, impeachment, mandatory recusal, expanding the court, stripping it of jurisdiction, or other measures that are within Congress’ power.
Even if none of those things happen now or after the next election, it can only be good to keep the hot light of scrutiny on Alito and his ilk. The court is a political institution, even if the justices try to pretend otherwise. It has no means of enforcing its decisions. What power it has comes from a general belief in its impartiality and legitimacy. If the justices feel the walls closing in on them, they may feel compelled to issue more liberal rulings than they otherwise would have, as a way of trying to prove they’re not biased.