Congressman Cohen Introduces Resolution of Censure Against Justice Alito

WASHINGTON – Congressman Steve Cohen (TN-9), a senior member of the Judiciary Committee, today introduced a resolution of censure against U.S. Supreme Court Associate Justice Samuel Alito.  By flying an inverted flag in front of his home during the period between the January 6, 2021, insurrection and President Joe Biden’s inauguration, Justice Alito publicly engaged in political activity and demonstrated his bias, a breach of judicial ethics.  The upside-down American flag is a widely understood symbol of the “Stop the Steal” effort, which falsely claimed that Donald Trump was the true winner of the 2020 election. 

The resolution specifically censures Justice Alito “for knowingly violating the federal recusal statute and binding ethics standards and calling the impartiality of the Supreme Court of the United States into question by continuing to participate in cases in which his prior public conduct could be reasonably interpreted to demonstrate bias.” It also demands that he recuse himself from all litigation related to the 2020 election or the January 6 insurrection.

Congressman Cohen made the following statement:

“Beyond poor judgment, Justice Alito’s misuse of the American flag is a knowing and shameless demonstration of his political bias. He literally flew a flag in front of his house showing the world he supported the January 6^th insurrectionists. What’s more, he continues to participate in litigation directly related to the 2020 election and the Insurrection, in direct violation of the federal recusal statute and the Supreme Court’s own ethics rules.

“There must be accountability to protect the integrity and impartiality of the High Court. We must protect the Constitutional rights to fair and impartial proceedings. Justice Alito should be censured for flagrant breaches of the law and court rules, and he must recuse himself from all other 2020 election and January 6th related litigation.” 

Read the resolution here.

Endorsing organizations’ statements:

“Justice Alito’s conduct demeans the Constitution he is sworn to uphold and protect,” said Rakim H.D. Brooks, president at Alliance for Justice. “Surely, no excuse can justify expressing sympathies to violent insurrectionists who sought to overturn a free and fair election. In turn, no reasonable person can trust Justice Alito to be impartial on any question related to former President Trump, January 6, or the 2020 election.” 

“With each decision they make, United States Supreme Court justices change the lives of the American people, and that is why we expect them to abide by the highest ethical standards," said Virginia Kase Solomón, Common Cause President & CEO. “While Justice Alito's actions raise serious doubts about his ability to rule impartially, the truth is we face a crisis of confidence greater than one justice or one incident. We appreciate Congressman Cohen’s efforts to hold power accountable, and we call on Congress to pass a binding code of conduct to address the well-documented, ongoing string of ethics offenses at the Court that we have called out for more than a decade.”

“We commend Representative Cohen for introducing this resolution censuring Justice Alito and calling for his recusal. It is good to see members of the House Judiciary Committee taking a leadership role in holding out-of-control Supreme Court justices accountable, and this resolution is an excellent first step.” – Alex Aronson, executive director, Court Accountability

Fix the Court executive director Gabe Roth said: “Rep. Cohen’s resolution makes a strong case for why reasonable minds are questioning Justice Alito’s objectivity and why his recusal in Jan. 6 and presidential election cases is required under law. Justices’ biases might not always be apparent, but when they’re flown on their front lawns, we can’t simply look away, and I appreciate Rep. Cohen keeping public attention on this incident.”

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