A second flag of a type carried by rioters during the attack on the U.S. Capitol on Jan. 6, 2021, was displayed outside a house owned by Supreme Court Justice Samuel Alito, The New York Times reported Wednesday.
An “Appeal to Heaven” flag was flown outside Alito’s beach vacation home last summer. An inverted American flag — another symbol carried by rioters — was seen at Alito’s home outside Washington less than two weeks after the violent attack on the Capitol.
News of the upside-down American flag sparked an uproar last week, including calls from high-ranking Democrats for Alito to recuse himself from election-interference cases related to former President Donald Trump.
Alito and the court declined to respond to requests for comment on how the “Appeal to Heaven” flag came to be flying and what it was intended to express. He previously said the inverted American flag was flown by his wife amid a dispute with neighbors, and he had no part in it.
The white flag with a green pine tree was seen flying at the Alito beach home in New Jersey, according to three photographs obtained by the Times. The images were taken on different dates in July and September 2023, though it wasn't clear how long it was flying overall or how much time Alito spent there.
The flag dates back to the Revolutionary War, but in more recent years its become associated with Christian nationalism, as well as support for Trump. It was carried by rioters fueled by Trump's “Stop the Steal” movement animated by allegations of election fraud in the 2020 presidential contest he lost to Joe Biden.
Republicans in Congress and state officials have also displayed the flag. House Speaker Mike Johnson hung it at his office last fall shortly after winning the gavel. A spokesman said the speaker appreciates its rich history and was given the flag by a pastor who served as a guest chaplain for the House.
Alito is taking part in two pending Supreme Court cases associated with Jan. 6: whether Trump has immunity from prosecution for his efforts to overturn the 2020 election results and whether a certain obstruction charge can be used against rioters. He also participated in the court’s unanimous ruling that states can’t bar Trump from the ballot using the “insurrection clause” that was added to the Constitution after the Civil War.
There has been no indication Alito would step aside from the cases.
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