Justice Alito facing recusal calls, mounting criticism following upside-down flag controversy

Supreme Court Justice Samuel Alito is facing calls from several media pundits and Democratic lawmakers to recuse himself from cases related to former President Trump following a report that an upside-down American flag flew outside his home in the weeks after Jan. 6. 

MSNBC's Lawrence O'Donnell argued that the flag Alito is reported to have flown was a signal from the Supreme Court of the United States to lower courts across the country that, "this is what you can get away with."

"This is who you can be," O'Donnell continued.

An upside-down American flag, a symbol used by the former president's supporters who falsely claim President Biden did not win the 2020 election, was seen flying at Alito's home in the weeks following the Jan. 6 riot, according to the New York Times. 

Alito previously told Fox News Digital that his wife was the one who hung the flag in response to insults from a neighbor. 

"Justice Alito and his flying repeated flags and coming up with the most absurd story as to, that seem to, quote, justify it. The idea that the Supreme Court of the United States, you have ‘might makes right’ as the symbol of what you should be embodying, and this country is supposed to stand for the exact opposite, which is ‘right makes might,’ really sends this horrible signal, not just to the electorate and to Donald Trump and to people in Congress, but also these lower courts of judges thinking 'you know what? I’m going to be protected," Andrew Weissman, a legal analyst for MSNBC said Wednesday. 

MSNBC's Lawrence O'Donnell discusses the NYT reporting on Justice Samuel Alito flying flags associated with Donald Trump's "Stop the Steal" efforts. (Screenshot/MSNBC)

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Late-night host Stephen Colbert compared him to a Nazi, saying, "if someone calls you the C-word, putting up an insurrection flag is not the response. 'Oh, you were rude to my wife? Well, we're Nazis now.'"

"And when it comes to January 6th cases argued before the Court, Alito has been highly sympathetic to the mob. That's like when your couples therapist is wearing a shirt that says, ‘Team David.’ There's no possible justification for a Supreme Court justice displaying a symbol of insurrection at his home," Colbert said.

Another symbol carried by Trump supporters, an "Appeal to Heaven" flag, was seen flying at a beach home owned by Alito in New Jersey, the Times reported days later. The flag, also known as the Pine Tree flag, dates back to the Revolutionary War and is also associated with wanting a Christian government, according to the outlet.

MSNBC's Molly Jong Fast took issue with Alito owning a beach house, and therefore having "a second place to hang an inappropriate flag."

"It is beyond the pale. And this flag signifies a more Christian nation, I mean, it has a whole bunch of things about it that are not anything you would want a judge to be excited about. And then, of course, he has a beach house. Which, you know, Alito has a beach house and [Justice Clarence] Thomas has an RV and everyone is living it up," she added.

Samuel Alito is facing calls from Democrats and members of the media to recuse himself from Trump-related cases before the Supreme Court.  (Left: (Photo by Chip Somodevilla/Getty Images), Right: Photo by Kevin Winter/Getty Images), Right: )

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MSNBC host Joy Reid said Alito was a "lawless individual,' a "clear Christian nationalist" and a "dual insurrectionist flag flier."

CNN's Norm Eisen said Wednesday that the Supreme Court was "in an absolute ethics crisis," over the Alito revelations. 

"This latest expression of an apparent opinion siding with the far-right activists, including those who flew this flag on January 6th, comes on top of undisclosed luxury vacations by Justice Alito, also Justice Thomas, Justice Thomas's wife, a witness in the January 6th cases," Eisen said. 

He argued justices are supposed to recuse themselves even if there is "reasonable basis to question" whether they can remain impartial in a case. 

Eisen called on Congress to investigate Alito's actions. 

New York Times opinion columnist Michelle Goldberg told MSNBC that Alito is "exactly the person that a lot of us thought he was."

"How can anyone reasonably believe that Justice Alito is remotely capable of being impartial around a cause that he cannot resist, that he feels so strongly about, that he cannot restrain himself from flying banners over multiple properties?" Goldberg asked. 

FILE - Supreme Court Justice Samuel Alito Jr., left, and his wife Martha-Ann Alito, pay their respects at the casket of Reverend Billy Graham at the Rotunda of the U.S. Capitol Building in Washington, Feb. 28, 2018.  (AP Photo/Pablo Martinez Monsivais, File)

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Mark Joseph Stern, a senior writer for Slate, also joined MSNBC to weigh in on the reporting and compared the Supreme Court to the British monarchy. 

"I feel like what is so damning here is that Justice Alito has clearly broken the sort of implicit contract that the Supreme Court makes with the United States of America and its citizenry. The Supreme Court justices are supposed to act with dignity and honor, and impartiality," he said. 

Stern added that justices can't be voted out of their positions after doing something problematic.

"There is virtually nothing that the American people can do about a justice who's gone as lawless and rogue as Sam Alito evidently has," he said. "It can be compared to the British monarchy. The reason that it still exists in its current form is because Queen Elizabeth was able to preserve this image of integrity and decency for so long and the public respected it."

He said Alito was shattering those same efforts being made by other members of the court. MSNBC host Alex Wagner appeared to agree and added, "it almost feels like he's doing it because he can."

The Supreme Court is photographed on Feb. 28, 2024 in Washington. (AP Photo/Jacquelyn Martin, File)

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New York Times reporter Jodi Kantor, who broke the news, joined PBS to discuss her reporting and said Alito's neighbors were having a "what the heck" kind of reaction to the flag. 

"These are Washington, D.C. area people. They know that federal judges are never supposed to make political displays. That is a very bedrock rule. And second of all, they`re looking at and saying, ‘Wait a second, are the Alitos insurrectionists who oppose the peaceful transfer of power?’ It leads to these bedrock questions about law and trust and rules and democracy," she said. 

Several Democratic lawmakers have come out against Alito, calling on the Supreme Court justice to recuse himself. Rep. Alexandria Ocasio-Cortez demanded during an interview on MSNBC that the Senate investigate Alito. 

"Samuel Alito has identified himself with the same people who raided the Capitol on Jan. 6, and is now going to be presiding over court cases that have deep implications over the participants of that rally," Ocasio-Cortez said. "And while this is the threat to our democracy, Democrats have a responsibility for defending our democracy. And in the Senate, we have gavels."

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The co-hosts of "The View" panned Alito and the Supreme Court itself over ethics concerns in a segment last week, prompting co-host Joy Behar to call for the elimination of life-time appointments to the Court. 

John Bolton, a former National Security Adviser under Donald Trump, defended Alito during a heated back-and-forth on CNN. CNN's Wolf Blitzer repeatedly noted the flag was seen as "controversial" and pressed Bolton on whether Alito should recuse himself as a result.  

"It’s controversial for liberals who have it in for Sam Alito. It’s not controversial for me, and I’m as against Donald Trump as anybody I know in this country," he said. Bolton said he wasn't aware that turning the flag upside down was a symbol for those supporting the insurrection until he read the New York Times report. 

Fox News Digital reached out to the Supreme Court for comment.