Analysis: The Implications of Alito's Flag Disputes on the Judiciary
Delving into the flag controversies surrounding Justice Alito sheds light on broader implications for the judiciary and public perception. Julian Zelizer explores the challenges faced by Chief Justice John Roberts in maintaining the Supreme Court's integrity and public trust.
Julian Zelizer, a CNN political analyst and professor at Princeton University, is the author of numerous books, including the upcoming "Our Nation at Risk: Election Integrity as a National Security Issue." You can follow him on Twitter @julianzelizer. The opinions expressed in this commentary are his own. Check out more of his views on CNN.
If Chief Justice John Roberts truly values the reputation and credibility of the Supreme Court, he faces a significant challenge.
This week, it was reported that another controversial flag was flown at a home belonging to Justice Samuel Alito. This time, it was at his vacation property in New Jersey, following a previous incident where a flag was flown outside his house in Virginia.
During the first incident, a US flag was flown upside down for several days. This act mirrored the actions of individuals who falsely alleged that the 2020 election was "stolen" from former President Donald Trump, as seen during the Capitol riot on January 6, 2021.
On Wednesday, the New York Times reported that an upside-down flag was found at Alito's beach house. Additionally, they discovered an "Appeal to Heaven" flag, which is associated with the "Stop the Steal" movement. This Revolutionary-era flag has gained popularity among right-wing activists and politicians in recent years.
President Joe Biden speaks at the Morehouse College Commencement on May 19 in Atlanta.
President Joe Biden speaks at the Morehouse College Commencement on May 19 in Atlanta.
Elijah Nouvelage/Getty Images
Related article
Opinion: Biden’s Morehouse address was a farewell speech
Alito claimed that his wife hung the first flag in response to a debate with their neighbor, distancing himself from the display. Concerns have been raised that the flag might have a political message, though Alito has not commented on the beach house flag.
The flags have sparked discussions about how openly Alito shares his political views and how they could impact his legal decisions. This discovery coincides with the Supreme Court's upcoming decision on Trump's claim of presidential immunity and a case challenging the use of an obstruction law against January 6 rioters.
The controversy surrounding Alito is just one example of a larger issue.
In recent years, the idea that the Supreme Court can remain impartial and above political influences has been challenged. The Senate confirmation process has become increasingly politicized since the 1960s, making it harder for the public to view justices as apolitical.
The perception in blue states that the Supreme Court was pursuing a political agenda under the guise of "originalism" was fueled by the consolidation of a conservative majority under Trump. This was further solidified by the 2022 Dobbs v. Jackson Women's Health Organization decision, written by Alito for the majority, which overturned Roe v. Wade. The decision seemed to confirm the belief that the court was favoring conservative interests, specifically those opposed to abortion rights. After the decision, a poll by the Annenberg Public Policy Center showed that 53% of US adults disapproved of the court's performance.
OAKLAND, CA - MARCH 26: Independent US presidential candidate Robert F. Kennedy, Jr. tapped California attorney Nicole Shanahan (left) as his running mate for vice president during an event in Oakland, California, United States on March 26, 2024. (Photo by Tayfun Coskun/Anadolu via Getty Images)
Robert F. Kennedy, Jr., an independent US presidential candidate, chose California attorney Nicole Shanahan as his running mate for vice president during an event in Oakland, California on March 26, 2024. The announcement was made at a gathering in Oakland, United States, and was captured by photographer Tayfun Coskun for Anadolu/Getty Images.
Related article
Opinion: How RFK Jr. and Shanahan help deliver false hope to parents of children with autism
Supreme Court decisions are not the only concern. Investigative reports on Justice Clarence Thomas's close relationship with a conservative donor who gave him expensive gifts have sparked questions about his impartiality. There are also reports about his wife, Virginia Thomas, actively working to overturn the 2020 election. Critics are upset that Thomas did not recuse himself from the presidential immunity case, just as he did not recuse himself in a previous case involving the January 6 insurrection despite evidence of his wife's involvement.
When news coverage highlighted that SCOTUS does not follow the same ethics code as judges in other federal courts, there was mounting pressure on Chief Justice Roberts to take action. In response, the court released a code of conduct in November. However, Democrats argue that the code lacks a proper enforcement mechanism and allows the nine justices to oversee their own behavior.
The Alito flag controversy is damaging the reputation of the court. The recent revelations have set back the efforts to rebuild trust in the government.
According to the Pew Research Center, public approval of the Supreme Court is at its lowest point since they began recording data in 1987.
Americans should feel confident that the highest court in the country will make fair decisions, especially when dealing with cases involving former president and current Republican candidate Trump. Trump has been accused of abusing his power while in office, although he denies any wrongdoing.
Sign up for our weekly newsletter for free!
Sign up for CNN Opinion’s newsletter.
Join us on Twitter and Facebook
The Supreme Court's reputation has not been as strong since Roberts became chief justice in 2005. The court's image took a hit after the controversial decision to stop the Florida recount in the 2000 election, which led to George W. Bush becoming president. However, the controversy surrounding the court was more contained at that time.
Many of Roberts' supporters believe that he is dedicated to upholding the court's integrity as an institution. Therefore, it is essential for him to prioritize restoring the court's image. One way Roberts can begin this process is by ensuring that his colleagues maintain a clear separation between their activities outside the courtroom and the highly polarized political environment in which they operate.
If Roberts doesn't take bold action soon, SCOTUS will simply become another part of a divided world where people from all political backgrounds doubt the legitimacy of anything in our public life.
Editor's P/S:
The Supreme Court's reputation has been tarnished by recent controversies surrounding Justice Samuel Alito's display of political flags at his homes. These incidents have raised concerns about the impartiality of the Court, especially in light of upcoming decisions related to former President Trump. Chief Justice John Roberts has a duty to restore trust in the Court by ensuring that his colleagues maintain a clear separation between their personal beliefs and their judicial responsibilities.
The politicization of the Supreme Court confirmation process and the perception of a conservative agenda have eroded public confidence in the Court's impartiality. The Dobbs v. Jackson Women's Health Organization decision, which overturned Roe v. Wade, further fueled concerns that the Court is favoring partisan interests. The controversy surrounding Justice Clarence Thomas's relationship with a conservative donor and his wife's involvement in efforts to overturn the 2020 election have also raised questions about the Court's ethics and impartiality.
