May 17, 2024,12:12pm EDT
Supreme Court Justice Samuel Alito is facing renewed criticism following a New York Times report that an upside-down flag, a symbol adopted by the “Stop the Steal” movement, was flown outside his house after the 2020 election. This incident adds to a series of controversies that have increasingly surrounded the conservative justice in recent years.
TIMELINE
Jan. 2006: Alito’s Supreme Court tenure began controversially, as the ACLU opposed his nomination over concerns about his support for policies that “abridge individual freedoms.” His wife left his confirmation hearing in tears after Democrats mentioned his involvement with a Princeton University alumni group that excluded women and minorities.
Jan. 2010: During President Barack Obama’s State of the Union address, Alito visibly opposed Obama’s criticism of the Court’s campaign finance ruling by shaking his head and mouthing “Not true,” a rare display of emotion for a Supreme Court justice during such an event.
June 2015: Alito wrote a dissenting opinion in Obergefell v. Hodges, the case that legalized same-sex marriage. He warned that the ruling would “vilify Americans who are unwilling to assent to the new orthodoxy,” an opinion that has continued to draw controversy as he has reaffirmed it in subsequent years.
Nov. 2020: Alito gave a contentious speech at a Federalist Society convention, criticizing Covid-19 restrictions for infringing on individual liberties and expressing concern over Democratic threats to restructure the Court. He also suggested that the left poses a threat to free speech and religious liberty.
June 2022: Alito authored the majority opinion in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, leading to nationwide protests and threats against justices. This controversy began even before the ruling was released, as Politico leaked the opinion in May.
July 2022: In a speech at Notre Dame Law School, Alito criticized foreign leaders who condemned the Court’s abortion ruling, noting that they felt “perfectly fine commenting on American law.”
Nov. 2022: The New York Times reported that a conservative activist knew the ruling in Burwell v. Hobby Lobby before it was released, allegedly after donors had dinner with Alito. This led to a congressional hearing, though Alito denied any wrongdoing.
June 2023: ProPublica reported that Alito took a luxury fishing trip with billionaire Paul Singer, whose hedge fund had business before the Court. Alito defended himself in a Wall Street Journal op-ed, claiming no obligation to recuse himself in cases involving Singer.
July 2023: Alito criticized efforts by congressional Democrats to impose a code of ethics on the Supreme Court in an interview with The Wall Street Journal, claiming Congress lacks the power to do so. This interview was conducted by a lawyer representing parties in a Supreme Court case that Alito has refused to recuse himself from.
May 2024: The New York Times reported that Alito flew an upside-down flag outside his home in January 2021, which alarmed his neighbors and led them to report it to the Court. Ethics experts suggest this could violate rules against justices displaying political biases.
WHAT TO WATCH FOR
The Times’ report on Alito’s flag-flying incident comes as the Supreme Court prepares to rule on two cases related to the 2020 election. Ethics experts argue Alito should recuse himself from these cases, but he is unlikely to do so.
CHIEF CRITIC
Alito has denied any involvement with the flag incident, attributing it to his wife and claiming it was a response to a neighbor’s offensive yard signs. In a Wall Street Journal op-ed, he defended his actions and criticized recent allegations as “nonsense.”
SURPRISING FACT
Early in his judicial career, Alito was nicknamed “Scalito” for his similarities to the late conservative Justice Antonin Scalia.
FORBES VALUATION
Alito’s net worth is estimated at $10 million, making him the second-richest justice after Chief Justice John Roberts. His wealth largely comes from inheritance and investments.
KEY BACKGROUND
Alito’s controversies are part of broader ethics issues within the Supreme Court, with other justices like Clarence Thomas, Sonia Sotomayor, and Neil Gorsuch also facing scrutiny for various ethical concerns. Despite these controversies, the Court recently announced a new code of ethics, though legal experts criticize it for not imposing consequences for violations.