Rep. Alexandria Ocasio-Cortez, D-N.Y., called for Senate Democrats to investigate flags flown outside a home owned by Supreme Court Justice Samuel Alito. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
An "Appeal to Heaven" flag was flown outside Alito’s beach vacation home last summer. An inverted American flag — another symbol carried by rioters — was seen at Alito’s home outside Washington less than two weeks after the riot at the Capitol.
News of the upside-down American flag sparked an uproar last week, including calls from high-ranking Democrats for Alito to recuse himself from cases related to former President Trump.
Alito and the court have not commented on the "Appeal to Heaven" flag. Alito previously said the inverted American flag was flown by his wife amid a dispute with neighbors, and he had no part in it.
The white flag with a green pine tree was seen flying at the Alito beach home in New Jersey, according to three photographs obtained by the Times. The images were taken on different dates in July and September 2023, though it was not clear how long it was flying overall or how much time Alito spent there.
Crowds arrive for the "Stop the Steal" rally on January 6, 2021, in Washington, DC. An "Appeal to Heaven" flag is seen being flown by a supporter. (Spencer Platt/Getty Images)
Alito is taking part in two pending Supreme Court cases associated with Jan. 6: whether Trump has immunity from prosecution for his efforts to overturn the 2020 election results and whether a certain obstruction charge can be used against rioters. He also participated in the court’s unanimous ruling that states cannot bar Trump from the ballot using the "insurrection clause" that was added to the Constitution after the Civil War.
There has been no indication that Alito would step aside from the cases.
Another conservative on the Supreme Court, Justice Clarence Thomas, also has ignored calls to recuse himself from cases related to the 2020 election because of his wife Virginia Thomas' support for efforts to overturn the 2020 election results.
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Judicial ethics codes focus on the need for judges to be independent, avoiding political statements or opinions on matters they could be called on to decide. The Supreme Court had long gone without its own code of ethics, but it adopted one in November 2023 in the face of sustained criticism over undisclosed trips and gifts from wealthy benefactors to some justices. The code, however, lacks a means of enforcement.
The Associated Press contributed to this report.
Danielle Wallace is a reporter for Fox News Digital covering politics, crime, police and more. Story tips can be sent to danielle.wallace@fox.com and on Twitter: @danimwallace.
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