Alito says he had 'no involvement' in upside-down flag flying at home

Supreme Court Justice Samuel Alito said that he had “no involvement” in the upside-down American flag flying at his home in Alexandria, Va., following the 2020 election, a symbol associated the "Stop the Steal" efforts premised on false claims of ballot fraud.

The upside-down flag was flown at this house on Jan. 17, 2021, The New York Times reported Thursday along with photos from that time. Alito blamed the flag on his wife, Martha-Ann Alito.

“I had no involvement whatsoever in the flying of the flag,” Justice Alito told the paper when asked about the flag. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”

The flag appeared outside the conservative justice's residence just days following the Jan. 6, 2021 riot on the Capitol where some attackers carried similar flags. During that period, the nation’s highest court was looking into whether it would consider some cases related to the 2020 election. 

The Times said it was unclear for how long the flag flew outside of Alito’s home. 

Judicial experts told the paper that Alito violated ethics rules over flying the flag and that could put his neutrality into question regarding Jan. 6 and presidential election cases. 

Clarence Thomas, another conservative judge, has faced scrutiny over not recusing himself from cases related to the election. His wife, Virginia “Ginni” Thomas, was personally involved in effort to keep Trump in power after the 2020 election and attended his rally before the Jan. 6 riot on the Capitol building.

Thomas recently condemned his critics over “nastiness” and lies” toward him and his wife at a judicial conference in Alabama.