What Dems are saying (and what they’re not) about Alito’s mess

Supreme Court Justice Samuel Alito had already earned a reputation as one of the high court’s most controversial members. The author of some notorious rulings, the Bush-appointed justice has, among other things, delivered overtly political speeches, endorsed an advocacy group’s work, become a bit too cozy with conservative media, and declared his indifference to congressional oversight.

But last week, The New York Times published this report, taking concerns about the justice to a new level. In early 2021, between the Jan. 6 attack and Joe Biden’s presidential inauguration, an upside-down American flag flew in front of Alito’s home. It was, at the time, a prominent symbol embraced by far-right “Stop the Steal” activists who believed nonsensical conspiracy theories about the 2020 election.

The Times’ report added, “While the flag was up, the court was still contending with whether to hear a 2020 election case, with Justice Alito on the losing end of that decision.”

By way of an explanation, the justice told the newspaper that he wasn’t involved in the display, adding, “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”

Alito didn’t disavow the upside-down flag or deny its significance. He did, however, blame his wife — which is every bit as unpersuasive as it seems.

After the report jolted the political world, Alito turned to — who else? — Fox News, explaining that his wife hoisted the upside-down flag after some unpleasant interactions with purportedly rude neighbors.

The justice also told Fox that “some neighbors on his street have been ‘very political’” — unlike, say, the Alitos.

If anything, his comments made matters worse: By Alito’s own telling, an anti-election symbol flew in front of his home at a contentious time because some people were rude to his wife — suggesting there was an understanding from the outset on the upside-down flag’s symbolic significance.

What’s more, the far-right jurist — in comments to the Times and Fox — did not disavow the upside-down flag or explain why, exactly, his wife thought to fly that particular symbol as a reaction to unpleasant neighbors.

To date, congressional Democrats haven’t called on Alito to resign. They also have not initiated any impeachment proceedings (though there has been some online conversation along these lines.) They don't even appear inclined to hold committee hearings.

That said, as NBC News reported, there have been several calls for the justice to recuse himself from relevant cases.

“Flying an upside-down American flag — a symbol of the so-called ‘Stop the Steal’ movement — clearly creates the appearance of bias,” the Senate Judiciary Committee chairman said. “Justice Alito should recuse himself immediately from cases related to the 2020 election and the January 6th insurrection.”

Democratic Sen. Richard Blumenthal made similar comments on MSNBC on Friday night.

Around the same time, House Minority Leader Hakeem Jeffries said in a statement, “Samuel Alito should apologize immediately for disrespecting the American flag and sympathizing with right-wing violent insurrectionists. He must recuse himself from cases involving the 2020 election and former President Donald Trump. Congress should immediately consider legislation to impose an ethical code of conduct on a runaway Supreme Court. The Constitution demands and the American people deserve more from a justice serving on the highest court in the land than baseless election denial.”

My MSNBC colleague Jordan Rubin made a persuasive case the other day that Alito, indifferent to appearances, will almost certainly ignore the calls from congressional Democrats, though I don’t imagine he’s heard the last of them.