Court Battles

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

Supreme Court Justice Samuel Alito said he had “no involvement” in the upside-down American flag flying at his home in Alexandria, Va., following the 2020 election, a symbol associated with 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,” the justice 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 how long the flag flew outside Alito’s home. 


“Fox News Sunday” host Shannon Bream said she spoke with Alito and was told that the justice’s wife, Martha-Ann, hung the flag upside down following an “exchange” with a neighbor who had a “F‑‑‑ Trump” sign near a school bus pickup location. 

“Mrs. Alito brought this up with the neighbor,” Bream said in a Friday post on social platform X.

Bream also said she was told things “escalated and the neighbor put up a sign personally addressing Mrs. Alito and blaming her for the Jan 6th attacks.” 

“Alito says the man engaged in vulgar language, ‘including the c-word,'” Bream added. 

“Following that exchange, Mrs. Alito was distraught and hung the flag upside down ‘for a short time.’ Justice Alito says some neighbors on his street are ‘very political’ and acknowledges it was a very heated time in January 2021,” Bream said.

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

Justice Clarence Thomas, another conservative on the court, has faced scrutiny over not recusing himself from cases related to the election. His wife, Virginia “Ginni” Thomas, was personally involved in the effort to keep former President 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” directed toward him and his wife at a judicial conference in Alabama.

Updated at 1:11 p.m. EDT