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Leading Democrats demand Alito face investigation after second report of far right-linked flag
(www.theguardian.com)
this post was submitted on 23 May 2024
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Under the US Flag Code flying the flag upside down is a sign of distress or great danger. It's worth noting that the US Flag Code is an advisory code, i.e. These are guidelines, not laws. There's a long history of attempts to codify the Flag Code into law and various levels of government being smacked down by the courts. Ultimately, Alito (or his wife) is well within his rights to fly whatever flag he wants, however he wants. It doesn't mean he isn't a terrible person, but even terrible people's speech is protected.
Except that Supreme Court justices are supposed to be seen as non partisan, and flying the flag in that manner, especially at that time, has a very specific partisan meaning.
They are supposed to be non-partisan in their professional capacity. Asking anyone to not engage in politics in their personal life would also likely slam face-first into the First Amendment. US Federal Employees do have limitations on partisan activities, but only while on the clock or when acting as in an official capacity. They also cannot hold elected office at any level of government. While those rules do not apply to the Supreme Court Justices, it does provide a good baseline for expectations.
Supreme Court Justices are still citizens of the US with all of the rights that entails. While they should be held to a much higher standard, while working in an official capacity. Once they get home, if they want to hang out in their chonies and wave a flag which overtly states "I'm a fucking moron who hates people for no reason", well that is their right, just like any other citizen.
Ultimately, this whole flag kerfluffle seems like more "outrage culture" crap. Sure, I agree it makes Alito look like an asshole. But, anyone calling for criminal prosecution has their head so far up their own ass they are likely to see daylight again. Free speech, is one of those really tough things to support. It's easy to say, "I have a right to free speech". The hard thing is saying "and so does that asshole". But, iot's important top protect, because eventually, you might the the "asshole" to the people in charge.
Not sure about charges but https://www.supremecourt.gov/about/Code-of-Conduct-for-Justices_November_13_2023.pdf it's very clear that the justice has a personal bias that makes a reasonable person question their impartiality.
That's going to be one of those things which would need to be demonstrated on a case by case basis. Does being an asshole make him biased in a case on corporate law? Probably not. There could be cases where such a display might be used to question if he should recuse himself, but it's going to be much harder than "I think a reasonable person could question his impartiality". Honestly, if my lawyer was planning on that to make or break a case, I'd go find a new lawyer. Really, the interesting part of that code of ethics is the bit around political activities and the limits placed on the court and it's staff. Though, even those have been severely weakened for lower courts, where the limits are actually enforced.
And, as has been noted about the code, it's really just a paper tiger.