The New York Times reported the "Appeal to Heaven" flag was raised over the house in July and September 2023. The white flag with a green pine tree dates back to the Revolutionary War but resurged in popularity among former President Donald Trump's supporters after the 2020 election.
Daily Voice confirmed the flag was visible at the home in a Google Street View picture taken in August 2023. The New York Times obtained three photos, as well as accounts from six neighbors and passers-by.
The "Appeal to Heaven" flag was inspired by a phrase from 17th-century philosopher John Locke. It was a rallying cry for American forces to overthrow the British during the Revolution.
About a decade ago, the flag gained new meaning among far-right groups pushing the idea of the U.S. as a Christian nation. Several rioters carried the flag during the Capitol insurrection on Wednesday, Jan. 6, 2021.
The Times also reported on Thursday, May 16 that an inverted U.S. flag flew outside Alito's Virginia home just before President Joe Biden's inauguration in January 2021. The upside-down flag is a symbol of emergency or distress used by Trump supporters during the "Stop the Steal" movement fueled by false claims of election fraud.
Alito and the Supreme Court declined to comment on the Times' report about the flag seen at his Long Beach home. When responding to the report about the inverted flag, Alito said his wife flew it because of an argument with a neighbor.
House Democrats criticized Alito on Thursday, May 23, saying he should not be allowed to rule on cases about Trump or Jan. 6.
"Justice Alito flew another symbol of the insurrection, this time at his New Jersey vacation home," said Rep. Mikie Sherrill, whose North Jersey district includes Montclair. "It's clear: Alito should immediately recuse himself from Trump vs. U.S. and any cases related to the 2020 election. There is a self-imposed crisis at SCOTUS that must be addressed."
"Part of the problem that we confront is that the Supreme Court has chosen to conduct itself as if the judiciary is above the law," said House Minority Leader Hakeem Jeffries in a news conference. "In America, no one is above the law. That includes the Supreme Court, that includes Samuel Alito, and that includes Clarence Thomas."
Congressional Republicans had mixed reactions to the reports about Alito's flags.
"Emotions are apparently high in that neighborhood but no, it’s not good judgment to do that," Sen. Lindsey Graham of South Carolina told HuffPost in response to the upside-down flag.
"I stand with George Washington and Martha-Ann Alito over pearl-clutching libs at the New York Times and Democrats in Congress," Sen. Tom Cotton of Arkansas posted on social media with a picture of an "Appeal to Heaven" flag outside his office.
Alito was born in Trenton and graduated from Steinert High School in Hamilton Township, Mercer County. He was nominated to the Supreme Court by President George W. Bush and has served on it since 2006.
Property records said the Alitos have owned their Long Beach house since 2014.
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