Rep. Steve Cohen. Photo: Bill Clark/CQ-Roll Call, Inc via Getty Images.
A resolution to censure Supreme Court Justice Samuel Alito over reports of flags with connections to the Jan. 6 riot flying at his properties is picking up support from House Democrats.
Why it matters: The measure is unlikely to get a vote in the Republican-controlled chamber, but lawmakers who have signed on say it’s a way to send a message of disapproval across branches of government.
The latest: A censure resolution introduced by Rep. Steve Cohen (D-Tenn.) on Tuesday has picked up a dozen Democratic co-sponsors, including four on Thursday.
- The five-page measure accuses Alito of violating Supreme Court recusal and ethics standards and “calling the impartiality of the Supreme Court … into question by continuing to participate in cases in which his prior public conduct could be reasonably interpreted to demonstrate bias.”
- A Supreme Court spokesperson did not immediately respond to a request for comment.
What’s happening: Alito has faced bipartisan criticism over a New York Times report that an inverted flag, a symbol of the “Stop the Steal” movement, flew outside his Virginia home in the weeks after the Jan. 6, 2021 attack on the Capitol.
- Alito said he had “no involvement whatsoever in the flying of the flag” and that it was “briefly placed” by his wife in response to a neighbor’s “objectionable and personally insulting language on yard signs.”
- A second New York Times report revealed that an “Appeal to Heaven” flag, a revolutionary war symbol adopted by right-wing groups and Jan. 6 rioters, flew at his New Jersey vacation home last year.
State of play: A growing number of Democrats are demanding Alito recuse himself from a pair of cases before the court related to Jan. 6.
- On Thursday, after news of the second flag broke, House Minority Leader Hakeem Jeffries (D-N.Y.) and Whip Katherine Clark (D-Mass.) joined the chorus.
- Jeffries said Alito “definitively needs to recuse himself from any matter … that has to do with the Jan. 6 violent insurrection.”
What they’re saying: Rep. Scott Peters (D-Calif.), who joined Cohen’s resolution Thursday, said it is “not something I would normally sign onto” as a lawyer who believes judges should police themselves, but the flag controversy “is really egregious.”
- “We have to say something,” he told Axios in an interview.
- “When a Supreme Court Justice … fails to meet even the most basic ethical standards, it is a grave concern and demands our quick attention and accountability,” said Rep. Delia Ramirez (D-Ill.), another co-sponsor.
- Rep. Becca Balint (D-Vt.) told Axios: “The code of conduct for US judges is clear: An appearance of impropriety occurs when reasonable minds … would conclude that a judge’s impartiality is impaired.”
Reality check: The measure is all but certain not to get a vote in the Republican-controlled House.
- Unlike measures to censure members of Congress, it cannot be forced to a vote.
- Impeachment is also likely out of the question, said Peters, adding, “I don’t think that’s going to happen … I’m good enough at math to know that’s not likely.”
Yes, but: Democrats are using the controversy to try to breathe new life into their stalled efforts to pass ethics legislation for Supreme Court justices – even after the court adopted its own code of ethics.
- “Justice Roberts must do the hard work of leading and restore some faith in the Court. He has been silent too long about the ethics crisis,” said Balint.
Read More: Push to censure Alito over Jan. 6 flag controversy gains steam in Congress