GOP lawmakers stand by Alito amid second flag dispute

Top Republican senators are coming to the defense of Supreme Court Justice Samuel Alito amidst a second flag controversy. Some Democrats are urging Alito to step away from certain important cases currently before the high court.

The flag in question, known as the “Appeal to Heaven,” was flown outside Alito’s vacation home in New Jersey. While its origins can be traced back to the Revolutionary War, it has more recently been adopted as a symbol by supporters of former President Donald Trump, including during the events of January 6, 2021, at the US Capitol.

Sen. John Cornyn, a member of the Senate Judiciary Committee and a candidate for the next Senate GOP leader, believes that the left is singling out Alito because of his beliefs and opinions.

According to Cornyn, Democrats seem intent on targeting Supreme Court members, specifically Justice Alito. He noted that they do not criticize justices like Sotomayor or Kagan, indicating a bias against Alito and his decisions. Cornyn views this as a continuation of a trend of harassment towards the courts, dating back to Clarence Thomas's confirmation process where he famously referred to it as a "high-tech lynching."

He mentioned that judges on the Supreme Court are also individuals with personal lives and families, and should not be held accountable for their family members' actions or statements.

GOP Sen. Chuck Grassley, a member of the Judiciary Committee, concurred and pointed out that liberal Justice Sonia Sotomayor did not face similar accusations of political bias when she published her book.

"I'm not going to discuss that specific issue, but since you mentioned the word 'political,' I think it's worth mentioning. Lately, it seems like a lot of issues brought up to the Supreme Court are coming from the left. It's interesting to note that these same issues weren't raised before. For instance, Sotomayor mentioned it in her book," he mentioned.

Grassley also pointed out that the Supreme Court has made changes to its ethics protocols. He mentioned that the Court can handle matters of recusal internally now. "The Supreme Court has implemented new protocols, so it might be best to wait and see how they work out."

The New York Times recently reported on the presence of an "Appeal to Heaven" flag outside Justice Alito's vacation home. This comes after earlier reports from the Times highlighted an upside-down American flag displayed outside Alito's home following the 2020 election. Some Trump supporters, questioning Biden's victory, used the upside-down flag as a symbol.

After the upside-down flag incident, a number of well-known Republican senators voiced their criticism towards Alito.

GOP Sen. Thom Tillis admitted on Thursday that it may not have been a good decision for Alito to display the "Appeal to Heaven" flag or the upside-down American flag outside his home.

Tillis emphasized the importance of being mindful of one's public image, especially for public figures like judges and senators. He mentioned that while he believes the issue has been exaggerated in the media, it comes with the territory of being in a position of influence.

Tillis pointed out that he believes justices appointed by Democratic presidents do not face the same level of scrutiny as Alito. He suggested that it is important to examine any instances where there may be a hint of political or ideological bias. He mentioned justices like Ruth Bader Ginsburg and Kagan as examples of when they may have stepped into political matters.

Senator Bill Cassidy criticized the Times for being biased in its reporting, especially since the American flag incident occurred three years ago. He emphasized the need to consider the most recent information and what is reasonable before making any judgments or decisions moving forward.

Cassidy believes that Justice Alito can rule impartially in the Trump immunity case, and he dismissed calls for Alito to recuse himself.

On the other hand, Sen. Sheldon Whitehouse, a Democrat on the Senate Judiciary Committee, thinks that Alito should "absolutely" recuse himself.

"I wonder how many MAGA battle flags the Supreme Court justice needs to display before the rest of the court starts taking it seriously," he wondered.

House Democratic Leader Hakeem Jeffries stated on Thursday that Alito should excuse himself from any case related to the January 6 insurrection that is pending before the Supreme Court.

Jeffries strongly criticized the news reports, calling them "totally inappropriate." He emphasized the need for Samuel Alito to recuse himself from any Supreme Court matters related to the January 6 insurrection. House Democratic Whip Katherine Clark also urged Alito to step aside from cases involving the attack, Trump, and election integrity.

Clark stated that this poses a danger to the rule of law and is a significant violation of ethics, integrity, and Justice Alito's commitment to his office.

He also emphasized the importance of Justice Alito recusing himself from cases related to January 6th, Donald Trump, and the security of our elections to maintain the integrity of our judicial system and democracy.

CNN’s Haley Talbot and Annie Grayer contributed to this report.

Editor's P/S:

The controversy surrounding Justice Alito's display of the "Appeal to Heaven" flag highlights the growing politicization of the Supreme Court. Republicans defend Alito's right to express his beliefs, arguing that Democrats are unfairly targeting him. However, some Democrats, including House Democratic Leader Hakeem Jeffries and House Democratic Whip Katherine Clark, believe Alito should recuse himself from cases related to the January 6 insurrection or election integrity due to potential bias. The incident raises questions about the role of personal beliefs in shaping judicial decisions and the extent to which justices should avoid actions that could undermine public confidence in the court's impartiality.

Furthermore, the differing reactions between Republican senators in the wake of the "Appeal to Heaven" flag incident and their previous criticism of Alito for displaying an upside-down American flag suggest a selective application of standards. GOP senators such as Thom Tillis initially criticized Alito for displaying the upside-down flag, citing concerns about his public image. However, they now defend his right to display the "Appeal to Heaven" flag, despite its association with the January 6 insurrection and the potential for it to be seen as a symbol of support for former President Trump. This inconsistency raises concerns about the extent to which political affiliation influences the application of ethics and judicial standards.