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It turns out that the New Jersey vacation home of Justice Samuel A. Alito Jr. was not the only surprising place where a provocative flag adopted by Jan. 6, 2021, rioters has flown recently. For 60 years, residents in San Francisco could have spotted the flag in a public pavilion just a stone’s throw from the mayor’s balcony at City Hall. The “Appeal to Heaven” flag was among the 18 historic banners that billowed over a central plaza in one of the nation’s most liberal cities, where fewer than 13 percent of voters supported former President Donald J. Trump in the 2020 election. Few people, including Mayor London Breed, made much of the white flag with a green pine tree. A San Francisco resident raised concerns that the “Appeal to Heaven” flag was flying over the city, after revelations in The New York Times that the same flag had flown outside Justice Alito’s second home on Long Beach Island, N.J.
Persons: Samuel A, Alito, Jan, Donald J, Trump, Alito’s, Joe Biden Organizations: Hall, London Breed, New York Times, U.S . Capitol Locations: New Jersey, San Francisco, Francisco, Long, N.J
Supreme Court justices seldom give reasons for their decisions to recuse themselves. Even rarer are explanations for deciding to participate in a case when they have been accused of conflicts of interest. Justice Samuel A. Alito Jr. is an exception. But whether his explanation has helped or hurt his cause is open to question. Experts in legal ethics said they welcomed Justice Alito’s decision to explain himself.
Persons: Samuel A, Alito, Justice Alito, Alito’s, Donald J, Trump
Chief Justice John G. Roberts Jr. on Thursday declined requests to have Justice Samuel A. Alito Jr. recuse himself from cases related to the Jan. 6 Capitol attack after provocative flags flew on the justice’s properties. The justices make those calls on their own, Chief Justice Roberts wrote in a letter to Democratic senators. “Members of the Supreme Court recently reaffirmed the practice we have followed for 235 years pursuant to which individual justices decide recusal issues,” he wrote.
Persons: John G, Roberts, Samuel A, Alito Jr, Justice Roberts, Organizations: Democratic, Supreme
In the 18 years since her family left their home in New Jersey and stepped into some of the most rarefied circles in Washington, Martha-Ann Alito has never sought or cultivated a particularly public identity. As the wife of Justice Samuel A. Alito Jr., Mrs. Alito has described keeping a largely private life since his confirmation to the Supreme Court in 2006 — one grounded by raising two children and standing in support of her husband through scrutiny and sharp-elbowed politics. On the handful of occasions she has stepped forward to address an audience or converse with reporters, Mrs. Alito has often spoken about herself in terms of her role within a tight-knit nuclear family, holding it together through her husband’s meteoric, and at times trying, rise within the judiciary. “The most amazing part is, why do people care about our life,” she said in a 2006 interview, looking back on Justice Alito’s confirmation hearing, which at one point left her in tears and stirred discussion about the toll partisanship can take on nominees’ relatives.
Persons: Ann Alito, Samuel A, Alito Jr, Alito, , Alito’s Locations: New Jersey, Washington, Martha
The Alitos and Their Flags
  + stars: | 2024-05-28 | by ( Michael Barbaro | Jodi Kantor | Mooj Zadie | ) www.nytimes.com   time to read: 1 min
The discovery that an upside-down American flag — a symbol adopted by the campaign to overturn the 2020 election result — had flown at the home of Justice Samuel A. Alito Jr. elicited concerns from politicians, legal scholars and others. And then came news of a second flag. Jodi Kantor, the Times reporter who broke the stories, discusses the saga.
Persons: , Samuel A, Alito Jr, Jodi Kantor Organizations: Times
A young couple claimed they were being harassed by the wife of a Supreme Court justice. The officer on the line responded that there was little the police could do: Yelling was not a crime. The couple placed the call after a series of encounters with Martha-Ann Alito, wife of Justice Samuel A. Alito Jr., that had gone from uneasy to ugly. The clash between the wife of a conservative Supreme Court justice and the couple, who were in their 30s, liberal and proud of it, played out over months on a bucolic block in Alexandria. But three years later, that neighborhood spat — which both sides said began over an anti-Trump sign — has taken on far greater proportions.
Persons: , , Martha, Ann Alito, Samuel A, Alito Jr, Emily Baden, Alito, Baden, Organizations: The New York Times, Court, Trump Locations: Fairfax County, Va, Alexandria, America
Had Al Gore won the presidency in 2000, a lot of people thought, he would have put Judge David S. Tatel on the Supreme Court. The judge had a towering intellect, was a model judicial craftsman and, only incidentally, had been blind since his 30s. But George W. Bush prevailed, with an assist from a closely divided Supreme Court. Judge Tatel served for 23 more years on the U.S. Court of Appeals of the District of Columbia Circuit. He relied on people who would read to him, increasingly sophisticated technology and an astounding memory to produce a widely admired body of judicial work that included major opinions on voting rights, the environment and the internet.
Persons: Al Gore, David S, Tatel, George W, Bush, John G, Roberts Jr, Samuel A, Alito Jr, Judge Tatel Organizations: U.S ., District of Columbia Circuit
A growing number of Democratic lawmakers called for Justice Samuel A. Alito Jr. to recuse himself from cases related to Jan. 6, 2021, and demanded new ethics rules for the Supreme Court after revelations that flags carried by rioters at the Capitol were flown outside his homes. With the Supreme Court just weeks away from issuing decisions on two major cases concerning former President Donald J. Trump’s efforts to overturn the 2020 election and the events of Jan. 6, lawmakers said the symbolism of the flags called into question Justice Alito’s neutrality. In an interview on Thursday, Representative Steve Cohen, a Democrat from Tennessee who has introduced a resolution to censure Justice Alito, said Congress needed to take the firm position that the justice’s actions were a violation of judicial propriety. “He’s not going to resign, he’s not going to recuse himself, and I don’t think Justice Roberts is going to be able to influence him in that regard,” he said, referring to Chief Justice John G. Roberts Jr. “So the best we can do is to kind of put a scarlet letter on him.”
Persons: Samuel A, Alito Jr, Donald J, Steve Cohen, Justice Alito, “ He’s, he’s, Roberts, , John G Organizations: Democratic, Capitol Locations: Tennessee
Last summer, two years after an upside-down American flag was flown outside the Virginia home of Justice Samuel A. Alito Jr., another provocative symbol was displayed at his vacation house in New Jersey, according to interviews and photographs. This time, it was the “Appeal to Heaven” flag, which, like the inverted U.S. flag, was carried by rioters at the Capitol on Jan. 6, 2021. Also known as the Pine Tree flag, it dates back to the Revolutionary War, but largely fell into obscurity until recent years and is now a symbol of support for former President Donald J. Trump, for a religious strand of the “Stop the Steal” campaign and for a push to remake American government in Christian terms. Three photographs obtained by The New York Times, along with accounts from a half-dozen neighbors and passers-by, show that the Appeal to Heaven flag was aloft at the Alito home on Long Beach Island in July and September of 2023. A Google street view image from late August also shows the flag.
Persons: Samuel A, Alito Jr, Donald J, Trump, Alito Organizations: Capitol, The New York Times Locations: Virginia, New Jersey, Long
How Election Deniers Claimed the Upside-Down Flag
  + stars: | 2024-05-17 | by ( Michael Levenson | ) www.nytimes.com   time to read: +1 min
It has been a widely recognized symbol of distress since the nation’s founding, when sailors turned the American flag upside down to signal that their ships were sinking, on fire or trapped in ice. But over time, the upside-down American flag became a symbol brandished more often by protesters across the political spectrum to signal that they believed the nation itself was in grave peril. After President Biden won the 2020 election, supporters of former President Donald. J. Trump rallied around the inverted flag, displaying it at their homes, on their cars and on social media to show that they believed Mr. Trump’s lie that the election was stolen. At the time, the Supreme Court was still contending with whether to hear a 2020 election case.
Persons: Biden, Donald . J, Trump, Samuel A, Alito Jr Organizations: New York Times Locations: Alexandria, Va
In coming weeks, the Supreme Court is expected to issue two key decisions involving the storming of the Capitol on that day. The cases will shape the degree to which former President Donald J. Trump can be held accountable for his efforts to subvert the election. “These cases were always going to be seen through an ideological and partisan lens,” Michael C. Dorf, a Cornell law professor and former clerk to Justice Anthony Kennedy, said in an interview. An upside-down flag, a popular symbol with Trump supporters contesting President Biden’s victory, appeared on Justice Alito’s front lawn in January 2021, The New York Times reported based on photographs and interviews with neighbors. It hung on the Alitos’ flagpole days before the inauguration, a little over a week after the Capitol riot and while the Supreme Court was considering taking up an election case.
Persons: Samuel A, Alito Jr, Donald J, Trump, Michael C, Anthony Kennedy, , you’ve, Clarence Thomas’s, Virginia Thomas, Biden’s Organizations: Capitol, Cornell, Republican Party, Trump, The New York Times
It is a tale as old as Adam and Eve: A husband, faced with accusations of misconduct, blames the wife. It is also a time-honored, bipartisan political strategy. This week, Justice Samuel A. Alito Jr. and Senator Bob Menendez of New Jersey pointed ringed fingers at their wives for episodes that have landed each man in political or legal trouble. The justice’s wife, Martha-Ann Alito, was in a feud with neighbors at the time over an anti-Trump sign, The Times reported. In the case of Mr. Menendez, a Democrat, it was his lawyer who did the finger pointing.
Persons: Adam, Samuel A, Alito Jr, Bob Menendez, Alito, , Donald J, Trump’s, Biden’s, Martha, Ann Alito, Menendez, Avi Weitzman Organizations: Bob Menendez of New, New York Times, Times, Democrat Locations: Bob Menendez of, Bob Menendez of New Jersey, Manhattan
The justice has said that his wife put up the flag in response to a neighbor’s anti-Trump yard sign. It is the most recent disclosure about the Supreme Court to fuel concerns about impartiality and the appearance of bias. Some of those controversies have involved Justice Alito. That billionaire later had cases before the Supreme Court. In September, Justice Alito rejected demands for recusal in a major tax case after he gave interviews to one of the lawyers involved, David Rivkin, for The Wall Street Journal’s editorial page.
Persons: Joseph R, Biden, Samuel A, Alito Jr, Alito, Justice Alito, David Rivkin Organizations: Trump, recusal Locations: Virginia
But the ruling falls far short of eliminating the bureau’s legal obstacles. Immediately after the ruling was announced, lawyers for the bureau, which is charged with preventing consumer abuse in the financial industry, began preparing dozens of legal filings to try to unfreeze its activities. Among them are requests to federal judges to end stays on new rules and on subpoenas to financial firms. While the Supreme Court’s ruling should resolve a few of the stays, the bureau will still struggle to overcome other roadblocks. He noted that Justice Samuel A. Alito Jr.’s dissent cited three recent consumer bureau actions that, in Justice Alito’s view, would be “major changes” in consumer protection law.
Persons: , Graham Steele, Samuel A, Alito Jr, , Alito’s Organizations: Consumer, Treasury Department
The upside-down flag was aloft on Jan. 17, 2021, the images showed. President Donald J. Trump’s supporters, including some brandishing the same symbol, had rioted at the Capitol a little over a week before. Word of the flag filtered back to the court, people who worked there said in interviews. While the flag was up, the court was still contending with whether to hear a 2020 election case, with Justice Alito on the losing end of that decision. Their decisions will shape how accountable he can be held for trying to overturn the last presidential election and his chances for re-election in the upcoming one.
Persons: Biden, Samuel A, Alito Jr, Donald J, Trump’s, Biden’s, Justice Alito, Trump Organizations: Trump, Supreme, Capitol, The New York Times Locations: Alexandria, Va
Justice Samuel A. Alito Jr. warned on Saturday that freedom of speech was under threat at universities and that freedom of religion was in peril in society at large. “Troubled waters are slamming against some of our most fundamental principles,” he said. He made his remarks at a commencement ceremony at the Franciscan University of Steubenville in Ohio, a Catholic institution. “Support for freedom of speech is declining dangerously, especially where it should find deepest acceptance,” he said. A university, he said, should be “a place for reasoned debate.” But he added that “today, very few colleges live up to that ideal.”
Persons: Samuel A, Alito Jr, Organizations: Franciscan University of Steubenville Locations: Ohio
The Major Supreme Court Cases of 2024No Supreme Court term in recent memory has featured so many cases with the potential to transform American society. In 2015, the Supreme Court limited the sweep of the statute at issue in the case, the Sarbanes-Oxley Act of 2002. In 2023, the Supreme Court temporarily blocked efforts to severely curb access to the pill, mifepristone, as an appeal moved forward. A series of Supreme Court decisions say that making race the predominant factor in drawing voting districts violates the Constitution. The difference matters because the Supreme Court has said that only racial gerrymandering may be challenged in federal court under the Constitution.
Persons: Donald J, Trump, Anderson, Sotomayor Jackson Kagan, Roberts Kavanaugh Barrett Gorsuch Alito Thomas, Salmon, , , Mr, Nixon, Richard M, privilege.But, Fitzgerald, Vance, John G, Roberts, Fischer, Ruth Bader Ginsburg, Clarence Thomas, Samuel A, Alito Jr, Alito, , Moyle, Wade, Roe, Johnson, Robinson, Moody, Paxton, Robins, Media Murthy, Sullivan, Murthy, Biden, Harrington, Sackler, Alexander, Jan, Raimondo, ” Paul D, Clement, Dodd, Frank, Homer, Cargill Organizations: Harvard, Stanford, University of Texas, Trump, Liberal, Sotomayor Jackson Kagan Conservative, Colorado, Former, Trump v . United, United, Sarbanes, Oxley, U.S, Capitol, Drug Administration, Alliance, Hippocratic, Jackson, Health, Supreme, Labor, New York, Homeless, Miami Herald, Media, Biden, National Rifle Association, Rifle Association of America, New York State, Purdue Pharma, . South Carolina State Conference of, Federal, Loper Bright Enterprises, . Department of Commerce, Chevron, Natural Resources Defense, , SCOTUSPoll, Consumer Financial, Community Financial Services Association of America, Securities, Exchange Commission, Exchange, Occupational Safety, Commission, Lucia v . Securities, Federal Trade Commission, Internal Revenue Service, Environmental Protection Agency, Social Security Administration, National Labor Relations Board, Air Pollution Ohio, Environmental, Guns Garland, Alcohol, Tobacco, Firearms, Explosives, National Firearms, Gun Control Locations: Colorado, Trump v . United States, United States, Nixon, Florida, Gulf of Mexico, Dobbs v, Idaho, Roe, Texas, States, New, New York, Grants, Oregon, . California, Martin v, Boise, Boise , Idaho, Missouri, Parkland, Fla, Murthy v . Missouri, . Missouri, ., South Carolina, Alabama, SCOTUSPoll, Lucia v, Western
Before the Supreme Court heard arguments on Thursday on former President Donald J. Trump’s claim that he is immune from prosecution, his stance was widely seen as a brazen and cynical bid to delay his trial. The practical question in the case, it was thought, was not whether the court would rule against him but whether it would act quickly enough to allow the trial to go forward before the 2024 election. Instead, members of the court’s conservative majority treated Mr. Trump’s assertion that he could not face charges that he tried to subvert the 2020 election as a weighty and difficult question. They did so, said Pamela Karlan, a law professor at Stanford, by averting their eyes from Mr. Trump’s conduct. “What struck me most about the case was the relentless efforts by several of the justices on the conservative side not to focus on, consider or even acknowledge the facts of the actual case in front of them,” she said.
Persons: Donald J, Pamela Karlan, Trump’s, , “ I’m, Samuel A, Alito Jr Organizations: Stanford
The Supreme Court will hear arguments on Wednesday about whether Idaho’s near-total abortion ban conflicts with a federal law that protects patients who need emergency care, in a case that would determine access to abortions in emergency rooms across the country. The federal law affects only the sliver of women who face dire medical complications during pregnancy. But a broad decision by the court could have implications for the about 14 states that have enacted near-total bans on abortion since the court overturned a constitutional right to abortion in June 2022. The dispute is the second time in less than a month that the Supreme Court is grappling with abortion. In late March, the justices considered the availability of the abortion pill mifepristone.
Persons: Samuel A, Alito Jr Organizations: Jackson, Health Organization Locations: Idaho’s, Alabama, Dobbs v
The Supreme Court on Monday temporarily allowed a ban to take effect in Idaho on gender-affirming treatment for minors, a signal that at least some justices appear comfortable with wading into another front in the culture wars. In siding with state officials who had asked the court to lift a block on the law, the justices were split, with a majority of the conservative justices voting to enforce the ban over the objections of the three liberal justices. The justices also specified that their decision would remain in place until the appeals process had ended. The court specified that it would allow the ban to apply to everyone except the plaintiffs who brought the challenge. Although orders on the emergency docket often include no reasoning, the decision included concurrences by Justice Neil M. Gorsuch, who was joined by Justices Samuel A. Alito Jr. and Clarence Thomas, and Justice Brett M. Kavanaugh, who was joined by Justice Amy Coney Barrett.
Persons: Neil M, Gorsuch, Samuel A, Alito Jr, Clarence Thomas, Brett M, Kavanaugh, Justice Amy Coney Barrett Organizations: Justice Locations: Idaho
Supporters of the state laws say they foster free speech, giving the public access to all points of view. One contrarian brief, from liberal professors, urged the justices to uphold the key provision of the Texas law despite the harm they said it would cause. “Social media platforms exercise editorial judgment that is inherently expressive,” Judge Kevin C. Newsom wrote for the panel. To the surprise of many, some prominent liberal professors filed a brief urging the justices to uphold a key provision of the Texas law. In the second case, Miami Herald v. Tornillo, the Supreme Court in 1974 struck down a Florida law that would have allowed politicians a “right to reply” to newspaper articles critical of them.
Persons: Samuel A, Alito Jr, , Scott Wilkens, Ron DeSantis, John Tully, Donald J, Trump, Greg Abbott of, , Ken Paxton, , Andrew S, Oldham, Kevin C, Newsom, Lawrence Lessig, Tim Wu of, Teachout, Mandel Ngan, Richard L, “ Florida’s, Moody, Paxton, Robins, William H, Rehnquist, Pat L, Tornillo, Warren E, Burger Organizations: Facebook, YouTube, Columbia University, Big Tech, The New York Times, Gov, Republican, Computer & Communications Industry, New York Times, Fox News, U.S ., Appeals, Fifth Circuit, ISIS, Harvard, Tim Wu of Columbia, Zephyr, Fordham, Twitter, Manchester Union, Citizens United, Agence France, University of California, Miami Herald, Florida, Representatives, Constitution Locations: Florida, Texas, Greg Abbott of Texas, Ukraine, Los Angeles, Campbell , Calif
The Supreme Court declined on Tuesday to hear a challenge to new admissions criteria at an elite public high school in Virginia that eliminated standardized tests, clearing the way for the use of a policy intended to diversify the school’s student body. As is its custom, the court gave no reasons for turning down the case. Justice Samuel A. Alito Jr. issued a dissent, joined by Justice Clarence Thomas, that was harshly critical of an appeals court’s ruling in the case upholding the new criteria and rejecting the challengers’ argument that they unlawfully disadvantaged Asian Americans. The Supreme Court’s “willingness to swallow the aberrant decision below is hard to understand,” Justice Alito wrote. G. Roberts, quoted an earlier ruling that stated, “what cannot be done directly cannot be done indirectly.”
Persons: Samuel A, Alito Jr, Clarence Thomas, , Alito, , John, G, Roberts Organizations: Harvard, University of North Locations: Virginia, University of North Carolina
U.S. Supreme Court Associate Justice Samuel A. Alito Jr. poses during a group portrait at the Supreme Court in Washington, U.S., October 7, 2022. Such a ruling also could frustrate policies favored by some Democrats, including Senator Elizabeth Warren, for a tax on the net worth - meaning all assets and not just income - of the super-rich. Alito defended the court in articles in the Wall Street Journal's opinion section. The Moores sued the U.S. government in 2019 challenging the mandatory repatriation tax. Circuit Court of Appeals threw out the case, noting that under Supreme Court precedent the "realization of income is not a constitutional requirement."
Persons: Samuel A, Alito Jr, Evelyn Hockstein, Samuel Alito, Charles, Kathleen Moore, Donald Trump, Moores, Elizabeth Warren, Alito, Alito's recusal, David Rivkin Jr, Andrew Chung, Will Dunham Organizations: Supreme, REUTERS, Rights, U.S, Competitive Enterprise Institute, Democratic, Moores, Street, Circuit, Thomson Locations: Washington , U.S, Redmond , Washington, Republican, Constitution's, Bangalore, India, San Francisco
The Supreme Court refused on Thursday to revive a Florida law that banned children from “adult live performances” such as drag shows. The court’s brief order gave no reasons, which is typical when the justices act on emergency applications, and a First Amendment challenge to the law will continue in the lower courts. Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented. Justice Brett M. Kavanaugh, joined by Justice Amy Coney Barrett, issued a statement stressing that the court’s order was addressed to an issue unrelated to the constitutionality of the law. The order, he wrote, “indicates nothing about our view on whether Florida’s new law violates the First Amendment.”
Persons: Clarence Thomas, Samuel A, Alito Jr, Neil M, Gorsuch, Brett M, Kavanaugh, Justice Amy Coney Barrett, Organizations: Justice Locations: Florida
The Senate Judiciary Committee on Thursday abruptly put off its push to subpoena two conservative allies of Justices Samuel A. Alito Jr. and Clarence Thomas as part of a Supreme Court ethics inquiry that has met stiff resistance from Republicans. Facing G.O.P. threats to engage in a bitter, drawn-out fight, Senator Richard J. Durbin, Democrat of Illinois and the panel’s chairman, halted his planned effort to compel cooperation from Leonard Leo, a longtime leader of the Federalist Society, and the billionaire Republican donor Harlan Crow. Mr. Durbin said that Democrats remained united in their desire to force more information from the men about undisclosed luxury travel and other benefits provided to the justices, but that they needed more time to assess a barrage of politically charged amendments that Republicans were planning to offer in an effort to embarrass them and derail the inquiry. Republicans said they planned to draw immigration issues into the fight and require votes to subpoena the staff of Justice Sonia Sotomayor about promoting her personal book sales, along with other hot-button issues.
Persons: Samuel A, Alito Jr, Clarence Thomas, Richard J, Durbin, Leonard Leo, Harlan Crow, Sonia Sotomayor Organizations: Republicans, Federalist Society Locations: Illinois
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