Report: Justice Alito’s Home Flies Flag Upside Down Following Trump’s ‘Stop the Steal’ Claims

Supreme Court Justice Samuel Alito’s Home Displays Upside-Down American Flag

In a controversial move that has raised concerns about judicial impartiality, an upside-down American flag was displayed outside the home of Supreme Court Justice Samuel Alito in January 2021. The flag, a symbol associated with former President Donald Trump’s false claims of election fraud, was photographed flying on Jan. 17, 2021, just days after Trump supporters stormed the U.S. Capitol on Jan. 6, 2021.

The New York Times reported that the flag was placed outside Alito’s home in Alexandria, Virginia, by his wife, Martha-Ann Alito, in response to a neighbor’s use of objectionable language on yard signs. However, the flag’s symbolism, particularly in the context of the Capitol riot and ongoing legal cases related to the attack, has sparked concerns about Alito’s impartiality as the court considers these important matters.

Judicial experts have pointed out that the flag’s display violates ethics rules set to avoid even the appearance of bias. The Supreme Court, which adopted a code of ethics in November 2023, has warned its employees about public displays indicating partisan leanings, but it remains unclear whether those rules apply to justices.

The U.S. Flag Code states that the American flag should not be flown upside down except as a signal of dire distress, raising questions about the message conveyed by the flag at Alito’s home. As public trust in the Supreme Court reaches a historic low, the incident adds to existing concerns about the court’s independence and impartiality in high-profile cases.