Samuel Alito's flag is upside down. So is the Supreme Court

The New York Times reported on Thursday evening that an upside-down American flag was seen flying over Justice Samuel Alito’s home in the weeks following the Jan. 6 assault on the Capitol. The inverted flag—historically, signifying an emergency—became a symbol for Donald Trump supporters who wanted to overturn the 2020 election. 

Images show the flag flying at Alito’s home on Jan. 17, while the Supreme Court was considering whether to hear a case involving results of the 2020 election. 

Alito is blaming the pro-Trump flag on his wife. In an email statement to the Times, Alito wrote, “I had no involvement whatsoever in the flying of 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 sign in the neighbor’s yard was reportedly an “anti-Trump” sign. While there is reporting that Martha-Ann Alito argued with neighbors over the sign, there’s no indication that it included language personally attacking her or her husband. Even if it had, that wouldn’t validate a Supreme Court justice making a clear signal of political preference on issues before the court.

How long Alito flew the flag isn’t clear, though it was there for several days, according to one email the Times reviewed— but judicial experts consulted by the Times say that this was a “clear violation of ethics rules.”