Samuel Alito’s Alleged Support for the Insurrection
Introduction
The 2020 presidential election and the subsequent insurrection at the Capitol have left a wound in the fabric of American democracy. In the midst of such chaos, the alleged support of a Supreme Court justice for the insurrection has shocked many legal experts and politicians alike. In this opinion editorial, we will examine Justice Samuel Alito’s supposed sympathies for the insurrection and its implications for the legal system’s promises of equal and impartial justice under the law.
Upside-Down American Flags
Several thousand people attacked the Capitol on January 6, 2021, parroting the lie that the 2020 election was stolen by the lawful winner, President Joe Biden. Dozens of insurrectionists at the Capitol adopted upside-down American flags, a traditional naval distress signal, as a symbol of this so-called “Stop the Steal” campaign. And across the country, some people raised their own inverted American flags in solidarity. One such person is a member of Supreme Court Justice Samuel Alito’s household. The New York Times reported last week that an upside-down flag was hoisted high in the Alitos’ front yard just days after the insurrection. Since then, Alito has not disavowed the lie that the election was stolen or denied that the upside-down flag signaled support for the violent, election-denying mob.
The Implications for the Legal System
A sitting Supreme Court justice showing public support for overthrowing the government while deciding cases about whether Trump will face any accountability for overthrowing the government is a colossal failure for the legal system’s promises of equal and impartial justice under law. Even some Republican senators, who are ideologically inclined to accept Alito’s inelegant toss of his wife under the bus, are finding this hard to defend. Lindsey Graham, the ranking Republican on the Senate Judiciary Committee, said that Alito’s behavior does not show “good judgment,” and Utah Senator Mitt Romney said, “Obviously it looks very unfortunate, and we ought to take a good look at it.”
Stephen Gillers’ Analysis
Stephen Gillers, a legal ethics expert, is giving Alito the benefit of the doubt regarding his support for the insurrection. Gillers’ analysis seems to ignore Alito’s background as a wealthy Republican white man in his 70s, which makes it very easy to believe that he would sympathize with the insurrectionists. As of March 2023, over half of Republicans believed that the insurrectionists were participating in “legitimate political discourse,” and as of January 2024, two-thirds of Republicans support pardons for the people who forced their way into the Capitol. Other polls from the past few years found that two-thirds of Republicans believe that Biden did not win the 2020 election, and two-thirds say they will not trust the results of the 2024 election if Donald Trump doesn’t win.
Alito’s Ideologies
Samuel Alito’s ideologies are aligned with the aggrieved reactionary beliefs held by supporters of the insurrection. His past decisions and statements demonstrate his disposition towards being an aggrieved reactionary. During Trump v. United States oral arguments last month, Alito went to bat for the idea of broad “presidential immunity,” suggesting that it would be destabilizing for democracy to hold Trump accountable for his bevy of alleged crimes. A decade after Obergefell v. Hodges recognized equal marriage rights under the Constitution, Alito continues to whine that homophobes are unfairly “labeled as bigots”; after writing the opinion that overturned Roe v. Wade, he described himself as engaged in a “battle to protect religious freedom in an increasingly secular society.”
The Republican Response
Although some Republican senators expressed their concerns about Alito’s behavior, many are likely to defend him regardless of his alleged support for the insurrection. The reason for this is simple: Republicans have been plagued by persistent misinformation regarding the 2020 election and the insurrection. The party has continued to align itself with Donald Trump, further contributing to the dangerous spread of conspiracy theories and disinformation. In this context, it is easy to see how Alito’s alleged support for the insurrection could be overlooked by many Republicans.
Conclusion
The support of a sitting Supreme Court justice for an insurrection is not only deeply troubling but also undermines the very foundation of American democracy. Alito’s past decisions and statements suggest that his ideologies align with the aggrieved reactionary beliefs held by supporters of the insurrection. As a legal expert and editor, it is my hope that Justice Samuel Alito will reflect on the gravity of his alleged actions and the implications it holds for the American legal system.
Originally Post From https://ballsandstrikes.org/legal-culture/sam-alito-stop-the-steal-why-not/
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