Justice Alito's Jan. 6 flag problem grows
The justice’s beach house displayed a flag popular with Capitol rioters, calling his impartiality into question


What happened
Supreme Court Justice Samuel Alito, already facing criticism over an upside-down U.S. flag flown outside his Virginia home in January 2021, had another flag popular with Jan. 6, 2021, Capitol rioters displayed at his New Jersey beach house last summer, The New York Times said Wednesday. Alito said last week his wife had raised the inverted flag amid political arguments with neighbors and he "had no involvement whatsoever." He declined to comment on the "Appeal to Heaven" flag flown outside his beach house.
Who said what
The Revolutionary War–era white-and-evergreen "Appeal to Heaven" flag had fallen "into obscurity" until it was recently adopted by Christian nationalists supporting Donald Trump and a "religious strand of the 'Stop the Steal' campaign" to keep him in office after he lost, the Times said. "Judges are not supposed to give any impression of bias" or partisanship.
"At this point it is difficult to make any reasonable case for Alito's impartiality," Noah Bookbinder, the president of Citizens for Responsibility and Ethics in Washington, said to The Associated Press. At minimum, "he must not sit on cases about the 2020 election or the insurrection he appears to have supported."
What next?
Just as fellow conservative Justice Clarence Thomas "has ignored calls to recuse himself from cases related to the 2020 election" because his wife tried to help overturn the results, "there has been no indication Alito would step aside from the cases," the AP said. "Public trust in the Supreme Court, meanwhile, recently hit its lowest point in at least 50 years."
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
September 13 editorial cartoons
Cartoons Saturday's political cartoons include court-approved racial profiling and America's moral compass
-
Giorgio Armani obituary: designer revolutionised the business of fashion
In the Spotlight ‘King Giorgio’ came from humble beginnings to become a titan of the fashion industry and redefine 20th century clothing
-
Crossword: September 13, 2025
The Week's daily crossword puzzle
-
Nadine Menendez gets 4.5 years in bribery case
Speed Read Menendez's husband was previously sentenced to 11 years in prison
-
Koreans detained in US Hyundai raid return home
Speed Read Over 300 Koreans were detained at the plant last week
-
Brazil’s Bolsonaro sentenced to 27 years for coup attempt
Speed Read Bolsonaro was convicted of attempting to stay in power following his 2022 election loss
-
Former top FBI agents sue, claiming Trump purge
Speed Read The agents alleged they were targeted by a “campaign of retribution”
-
Conservative influencer Charlie Kirk shot dead at 31
Speed Read Kirk was holding a debate session at Utah Valley University
-
Judge lets Cook stay at Fed while appealing ouster
Speed Read Trump had attempted to fire Cook over allegations of mortgage fraud
-
Why are federal judges criticizing SCOTUS?
Today's Big Question Supreme Court issues Trump case rulings 'with little explanation'
-
Can Trump put his tariffs on stronger legal footing?
Today's Big Question Appeals court says 'emergency' tariffs are improper