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Another controversial, political flag was found flying in another Alito home

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Last week the New York Times’ report that Supreme Court Justice Samuel Alito flew a pro-Trump pro-Stop The Steal upside down flag at one of his houses created a major political firestorm. Now the New York Times reports Alito had another provocative symbolic political flag at his home in New Jersey. And now there’s another political firestorm.

The New York Times reports:

Last summer, two years after an upside-down American flag was flown outside the Virginia home of Justice Samuel A. Alito Jr., another provocative symbol was displayed at his vacation house in New Jersey, according to interviews and photographs.

This time, it was the “Appeal to Heaven” flag, which, like the inverted U.S. flag, was carried by rioters at the Capitol on Jan. 6, 2021. Also known as the Pine Tree flag, it dates back to the Revolutionary War, but largely fell into obscurity until recent years and is now a symbol of support for former President Donald J. Trump, for a religious strand of the “Stop the Steal” campaign and for a push to remake American government in Christian terms.

Three photographs obtained by The New York Times, along with accounts from a half-dozen neighbors and passers-by, show that the Appeal to Heaven flag was aloft at the Alito home on Long Beach Island in July and September of 2023. A Google street view image from late August also shows the flag.

The photographs, each taken independently, are from four different dates. It is not clear whether the flag was displayed continuously during those months or how long it was flown overall.

Justice Alito declined to respond to questions about the beach house flag, including what it was intended to convey and how it comported with his obligations as a justice. The court also declined to respond.

In commenting for the Times report last week about the upside-down American flag at his Virginia home in 2021, Justice Alito said that it had been raised by his wife, Martha-Ann Alito, during a clash with a neighbor.

The revelation about that flag prompted concerns from legal scholars and ethicists, and calls from dozens of Democratic lawmakers that the justice recuse himself from cases related to Jan. 6. The news also drew criticism from some conservative politicians, including Senator Lindsey Graham, who said that displaying the inverted flag was “not good judgment.”

During the period the Appeal to Heaven flag was seen flying at the justice’s New Jersey house, a key Jan. 6 case arrived at the Supreme Court, challenging whether those who stormed the Capitol could be prosecuted for obstruction.

In coming weeks, the justices will rule on that case, which could scuttle some of the charges against Mr. Trump, as well as on whether he is immune from prosecution for actions he took while president. Their decisions will shape how accountable he can be held for trying to overturn the last presidential election and his chances at regaining the White House in the next one.

The disclosure about the new flag is troubling, several ethics experts said in interviews, because it ties Justice Alito more closely to symbols associated with the attempted election subversion on Jan. 6, and because it was displayed as the obstruction case was first coming for consideration by the court.

Judges are not supposed to give any impression of bias, yet the flag could be seen as telegraphing the Alitos’ views — and at a time when the justices were on the cusp of adopting a new ethics code. “We all have our biases, but the good judge fights against them,” said Charles Geyh, a law professor at Indiana University Bloomington. “When a judge celebrates his predispositions by hoisting them on a flag,” he added, “that’s deeply disturbing.”

The first report was a blow to the Supreme Court’s credibility since it provided yet more evidence that this is an intensely political court with some members barely hiding their biases. Alito had already gained the reputation as one of the more biased members of the court and this further undermine’s his – and the court’s – credibility.

The question is: Will Alito recuse himself from cases touching on Donald Trump legal cases including a decision on presidential immunity? Likely answer: No.