Justice Alito Caught in New Flag Firestorm

Christian Nationalist symbol or George Washington banner? A New York Times report of a flag waving outside Supreme Court Justice Samuel Alito’s vacation home last year has intensified questions regarding the high court’s integrity as it prepares to rule on former President Donald Trump’s claim of presidential immunity.

According to the Times, which cited photographs obtained by the newspaper and accounts from witnesses, Alito’s summer home in Long Beach Island, New Jersey, displayed an “Appeal to Heaven” flag in July and September 2023. The symbol is rooted in Revolutionary War-era naval vessels under first U.S. President George Washington, then commander-in-chief of the Continental Army. But, as the Times reports, the flag has been used by conservatives in recent years, including by some Trump supporters during the January 6 attack on the U.S. Capitol.

Alito’s political views have already been put on blast over the past week after the Times reported that an upside-down American flag—a symbol associated with the “Stop the Steal” movement in the aftermath of the 2020 election—was spotted outside the justice’s home in January 2021, less than a week after the January 6 attack. Alito deflected responsibility for the flag to his wife, Martha-Ann, telling the Times that he “had no involvement whatsoever” in placing the symbol on his front lawn in Alexandria, Virginia.

Supreme Court Justice Samuel Alito poses for an official portrait at the Supreme Court building on October 7, 2022, in Washington, D.C. Concerns regarding Alito’s political beliefs have escalated after a report of a second…

Alex Wong/Getty Images

Conservatives Rush to Alito’s Defense

Critics of Alito have said that the controversial symbols are reason for the justice to recuse himself from the Supreme Court’s pending decision on whether Trump is covered from facing criminal prosecution under presidential immunity claims. But several conservative figures came to Alito’s defense over social media on Wednesday, arguing that the Appeal to Heaven flag, also known as the Pine Tree Flag, is rooted in history over politics.

“The hysterical attacks on Alito’s family just got even dumber, if that’s even possible,” radio host and Daily Caller editor Vince Coglianese wrote to X, formerly Twitter. “Now flying a flag associated with George Washington is a scandal. How completely stupid.”

“The ‘Pine Tree Flag’ is one of the earliest US flags,” added Michael Knowles, conservative commentator who hosts a talk show at The Daily Wire. “It was created by George Washington’s aide-de-camp and fellow Founding Father Joseph Reed, alongside whom my great(x5)-grandfather Simon Knowles fought at the Battle of Trenton. The libs trying to gin up controversy are a joke.”

Former U.S. National Security Adviser John Bolton offered a scathing rebuke for anyone who tried to connect the flag to supporters of January 6 while speaking with CNN’s Wolf Blitzer Wednesday evening.

“It’s controversial for liberals who have it in for Samuel Alito,” Bolton said. “It’s not controversial for me, and I’m as against Donald Trump as anybody I know in this country.”

When pressed by Blitzer over the flag being used by those on January 6, Bolton said, “Look, it’s an American patriotic flag. I support the right of anybody to fly it. Period.”

History of the Flag

The Appeal to Heaven flag can be traced back to the early days of the American Revolution. According to sites like AmericanFlags.com, the symbol was originally commissioned to appear on six military cruiser ships under the command of George Washington. It later became the official U.S. Navy flag in Massachusetts in 1776.

The flag includes a green pine tree on a white background with the words, “An Appeal to Heaven,” written above. It has occasionally been used by Republican lawmakers at the state and federal level, including House Speaker Mike Johnson, who hung the flag outside his office after being elected speaker in October.

The flag was also carried by those who participated in the siege on the U.S. Capitol, and the Times reported that the symbol has also been used by prominent evangelical figure Dutch Sheets, who in his 2015 book An Appeal to Heaven described the flag as a “rally” for Christians.

“Rally to the flag,” he wrote. “God has resurrected it for such a time as this. Wave it outwardly: wear it inwardly. Appeal to heaven daily for a spiritual revolution that will knock out the Goliaths of our day.”

A spokesperson for Johnson told the Times that the speaker received his Pine Tree Flag as a gift from pastor Dan Cummins, guest chaplain for the House. Johnson’s office also said that he “has long appreciated the rich history of the flag, as it was first used by General George Washington during the Revolutionary War.”

Did Alito Violate the Ethics Code?

Numerous critics have pointed to the Appeal to Heaven flag’s connections to Trump supporters as a reason for Alito to remove himself from the former president’s immunity ruling. Progressive watchdog Citizens for Responsibility and Ethics in Washington wrote on X Wednesday evening that Supreme Court justices “are NOT supposed to be taking political stances like this.” Political commentator Keith Olbermann described the flag as a “coup” symbol and accused Alito of being disloyal to the U.S. Constitution.

“Alito has to be forced off the Supreme Court,” Olbermann posted to X. “TWO coup flags—not just one. He is an insurrectionist and not loyal to the Constitution. Enough.”

Under the Supreme Court’s code of ethics, which were adopted in November, jurists are required to remain impartial and avoid displaying any political statements on issues that could be brought before them. But, according to former federal prosecutor Neama Rahmani, even a “second controversial flag won’t result in Justice Alito’s disqualification.”

“He will likely blame his wife, Martha-Ann Alito, again and political activity by a spouse is not grounds for recusal,” Rahmani, president of West Coast Trial Lawyers, told Newsweek via email. “And although Supreme Court Justices are supposed to avoid politics, the Code of Conduct for Justices was issued in 2023 after the 2020 election and the flag being hung.”

Rahmani noted, however, that the Times report was “another black eye for the Supreme Court,” although “practically speaking there is nothing that can be done.”

“There is no clear ethics violation here and even if there were, the Justices are to police themselves and there is no other branch of government that can force Alito’s disqualification,” he added.

Legal analyst and emeritus professor of constitutional law at Harvard Law School Laurence Tribe also responded to a request for comment from Newsweek, writing over email, “If [Chief Justice John] Roberts cares as much about the Supreme Court as I have long believed he does, he must do something to rein in the renegade Alito. It’s a real crisis for the Court’s legitimacy.”

Newsweek reached out to the Supreme Court’s public information office via email for comment on Wednesday.