NEW YORK (AP) — Top Democrats, including President Joe Biden, are not pursuing an investigation into reports that Supreme Court Justice Samuel Alito flew an upside-down American flag outside his home after the 2020 election. Despite increasing demands from the party’s base to challenge conservative justices and advocate for court reforms, Biden and the White House have remained silent on the issue.
Biden’s Stance and Concerns
Biden has expressed concerns about Republican actions undermining democratic norms but has avoided extending this critique to the judiciary. Aides suggest this is to prevent any perception of political motivation, which could undermine his broader effort to strengthen democratic institutions. Maintaining a clear distinction from Donald Trump, who has openly criticized the judiciary for political purposes, is seen as crucial for Biden.
Anthony Coley, a former senior official in the Biden Justice Department, stated that Congress, not the executive branch, should take the lead on oversight. However, Senate Judiciary Chair Dick Durbin has resisted calls for a hearing on the matter, preferring to focus on potential ethics legislation for the Supreme Court.
Reactions from the Party and Advocates
The reluctance to address Alito’s actions has puzzled and alarmed some Democrats and court reform advocates. Gabe Roth, executive director of Fix the Court, criticized the lack of response, arguing that ignoring the issue sends the wrong signal about judicial accountability.
The inverted American flag, associated with the “Stop the Steal” movement, symbolizes efforts to overturn the 2020 election. Reports also indicate that Alito displayed another flag linked to this movement at his beach house. These actions are seen as violations of judicial ethics and potential support for election subversion.
Legislative and Executive Branch Dynamics
Sen. Richard Blumenthal urged Durbin to demand testimony from Alito and Chief Justice John Roberts. House Minority Leader Hakeem Jeffries has also criticized Alito and Justice Clarence Thomas. Demand Justice, an advocacy group, launched an ad campaign to pressure Durbin for an investigation.
Despite these calls, Congress’s power over the Supreme Court is limited, primarily to impeachment, which is unlikely. The Supreme Court largely polices itself, and the White House lacks the authority to hold hearings. However, Biden could use his platform to emphasize the importance of judicial ethics and accountability.
The White House’s Response
White House Press Secretary Karine Jean-Pierre avoided detailed comments on Alito’s actions, reiterating the importance of respecting the American flag but stating that the issue was not something the administration would address directly. Biden’s campaign highlighted the significance of judicial appointments, contrasting his record with Trump’s.
Implications for Biden’s Democracy Agenda
Biden’s reluctance to engage with Alito’s controversy contrasts with his broader message about the threats to democracy posed by Trump and his allies. Democratic lawmakers, like Sen. Chris Murphy, have urged the press to scrutinize Alito’s actions more thoroughly.
Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington, argued that the current situation warranted a departure from Biden’s usual restraint. Highlighting Alito’s actions could demonstrate the stakes of maintaining the integrity of American institutions.
COMMENTS