The left has really been coming for Justice Samuel Alito and his wife over flags they flew on their properties, including the "Appeal to Heaven" flag. It's a historical flag, used during the Revolutionary War and thus in historical parades, on stamps, and even at Walt Disney World. There's been calls from the usual suspects for him to recuse himself, though he made it clear on Wednesday he refuses to do so. Even more recently, though, as in last weekend, the flag was seen flying in a particularly liberal city.
“A Times investigation further revealed a decades-long crusade. As a teenager in 1965 he designed an official JFK commemorative program and even managed to get Ted Kennedy to pose for a photograph holding it.” pic.twitter.com/7UPoZEa7lH
— John Kartch (@johnkartch) May 27, 2024
“But sources say Alito is most proud of a stunt at Disney World during a family vacation. While his group was distracted by a snow cone vendor, Alito used fishing line to deftly hang the pine tree banner in Epcot’s Hall of Flags.” pic.twitter.com/5lNiMCD6xZ
— John Kartch (@johnkartch) May 27, 2024
The flag was removed from where it was flying outside the City Hall in San Francisco over the weekend and swapped with an American flag. Reporting from ABC 7 News describes it as a "historical but controversial flag" and one that "has become a symbol of the far right."
The report includes a statement from the city about the swap:
Officials say the controversial flag was initially raised on Flag Day in 1964 at Civic Center and was part of what is known as the "Pavilion of American Flags."
"This flag was originally used during the American Revolutionary War, flown by George Washington's cruisers, and is associated with the early quest for American independence. It's since been adopted by a different group-one that doesn't represent the city's values, so we made the decision to swap it with the American flag," said San Francisco Recreation and Parks communications manager Daniel Montes.
For all of this talk about the flag supposedly being "controversial," reporting from SFist emphasizes how the flag was "quietly removed." The report also reminds that it "had caused zero controversy for much of its time in a San Francisco city-owned collection of historic flags." It was one of 18 flags flown outside City Hall for decades.
That report has more on the flag's historic background:
Known as the Pine Tree Flag, it was created in 1775 at the request of George Washington, with the phrase "An Appeal to Heaven" on it, to be flown on colonial fighters' ships so that they could recognize one another.
The phrase was inspired by a resolution that had been adopted by the Provincial Congress of Massachusetts following the Battle of Lexington and Concord, which used the phrase, "Appealing to Heaven for the justice of our cause, we determine to die or be free."
The flag has taken on a new meaning after the events of January 6, 2021, though. While former Vice President Mike Pence has found himself at odds with former and potentially future President Donald Trump over the events of that day and even briefly ran for president against him in the 2024 primary, he's defended Alito and the flag.
In a post from last week, Pence called the controversy "absurd and anti-historical."
In addition to flagging that post from Pence, Fox News also included a statement from the Judicial Crisis Network President Carrie Severino. "This is just one of many historic American flags out there. And they're trying to parlay it, through some kind of, you know, conspiracy theorist guilt by association thing into somehow he's supporting insurrectionists or something," she told Fox News Digital.
The controversy over Justice Alito flying the “Appeal to Heaven” flag is absurd and anti-historical. The flag was commissioned by George Washington in 1775 for use on six cruiser ships intercepting British vessels at sea and became the maritime flag of Massachusetts. The flag… pic.twitter.com/xzbmwnoeWY
— Mike Pence (@Mike_Pence) May 24, 2024
The Alitos flew the flag on their New Jersey vacation home property almost a year ago now, but has just recently gained attention in recent weeks due to hit job reports from The New York Times. The outlet also reported on the Alitos hanging an upside down American flag on their property as part of a neighborly dispute. The incident in question took place over three years ago, and reports even alarmingly included pictures of the property.
Democrats in both the House and the Senate have called on Alito to recuse himself, with Senate Majority Whip Dick Durbin (D-IL) and Sen. Sheldon Whitehouse (D-RI), both of who serve on the Senate Judiciary Committee, behaving in a particularly relentless manner. Last week they even called on Chief Justice John Roberts to urge Alito to recuse himself.
Democrats on the House Judiciary Committee also wrote to Roberts on Wednesday in a letter led by Ranking Member Jerry Nadler (D-NY).
"Following recent reports that Supreme Court Justice Samuel Alito displayed a flag at his home indicating support for the so-called 'Stop the Steal' movement, House Judiciary Committee Democrats wrote to Supreme Court Justice John Roberts requesting information about whether Justice Alito violated the Supreme Court’s Code of Conduct and how Chief Justice Roberts plans to enforce the new rules," a press release from Nadler's office noted, expressing bias on the matter.
Today, I led my @HouseJudiciary colleagues in a letter to Chief Justice Roberts requesting information about whether Justice Alito violated the SCOTUS’ Code of Conduct following reports that Justice Alito displayed a flag at his home indicating support for the so-called “Stop the…
— Rep. Nadler (@RepJerryNadler) May 29, 2024
As Katie highlighted on Wednesday, though, Alito will not recuse himself from cases to do with the 2020 election. He responded to Durbin and Whitehouse in a May 23 letter they sent, referenced above, and also called out the political motivations involved.
While Democrats may speak to the "Stop the Steal" movement, Alito's letter noted in part that "I was not aware of any connection between this historic flag and the 'Stop the Steal Movement,' and neither was my wife. She did not fly it to associate herself with that or any other group, and the use of an old historic flag by a new group does not necessarily drain that flag of all other meanings."
"A reasonable person who is not motivated by political or ideological considerations or a desire to affect the outcome of Supreme Court cases would conclude that this event does not meet the applicable standard for recusal. I am therefore duty-bound to reject your recusal request," Alito concluded in his response.
