Democrat introduces Alito censure resolution over upside-down flag

Rep. Steve Cohen (D-Tenn.)
Greg Nash
Rep. Steve Cohen (D-Tenn.) questions special counsel Robert Hur during a House Judiciary Committee hearing Tuesday, March 12, 2024.

A Tennessee Democrat introduced a resolution in the House to censure Supreme Court Justice Samuel Alito after reports showed an upside-down flag was flown outside his residence shortly following the Jan. 6, 2021, riot on the Capitol.

Rep. Steve Cohen (D-Tenn.), a member of the Judiciary Committee, introduced the censure resolution Tuesday, “for knowingly violating the federal recusal statute and binding ethics standards and calling the impartiality of the Supreme Court of the United States into question.”

Alito has maintained he had “no involvement” in flying the upside-down flag outside his home in January 2021, instead placing the blame on his wife. He said it was “briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”

News of the upside-down flag was first reported last week by The New York Times. The gesture has often been associated with “stop the steal” efforts that are based on unsubstantiated claims of voter fraud in the 2020 election.

The incident has sparked outrage from Democrats, who have called the reports “alarming” and “appalling.” Some Democrats have also called on Alito to recuse himself from cases in connection to the 2020 election and the Jan. 6 insurrection, including former President Trump’s presidential immunity case.

Cohen said in a statement that the incident shows “a knowing and shameless demonstration of his political bias.”

“He literally flew a flag in front of his house showing the world he supported the January 6th insurrectionists,” the lawmaker said. “What’s more, he continues to participate in litigation directly related to the 2020 election and the Insurrection, in direct violation of the federal recusal statute and the Supreme Court’s own ethics rules.”

“There must be accountability to protect the integrity and impartiality of the High Court. We must protect the Constitutional rights to fair and impartial proceedings,” he continued. “Justice Alito should be censured for flagrant breaches of the law and court rules, and he must recuse himself from all other 2020 election and January 6th related litigation.”

Tags Donald Trump Jan. 6 Samuel Alito Steve Cohen Supreme Court

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