WASHINGTON − Former Vice President Mike Pence – who was a target during the Jan. 6, 2021, attack on the Capitol – rejected criticism of Supreme Court Justice Samuel Alito for the flag flown outside his beach home that was also carried by some of the Capitol attackers.
Pence said the controversy about Alito flying an “Appeal to Heaven” flag outside his New Jersey beach house is “absurd and anti-historical.”
The flag, Pence said on X, was commissioned by George Washington in 1775 for use on cruiser ships during the Revolutionary War. The phrase on the flag comes from English philosopher John Locke.
Calling the flag part of “our proud heritage of Faith and Freedom,” Pence said “every American should be proud to fly it.”
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The New York Times reported this week that the flag flew over Alito’s vacation home last summer.
Another flag carried by some of the people who attacked the Capitol – an upside-down American flag – flew over Alito’s Virginia residence in January of 2021, the Times first reported.
Alito has said the inverted flag was his wife’s response to a dispute with a neighbor. He has not commented on the “Appeal to Heaven” flag.
The Freedom From Religion Foundation calls the flag a «sectarian symbol that indicates government endorsement of Christianity.»
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Critics have said the flags represent the kind of political expressions judges should avoid.
Some have gone farther in calling on Alito to recuse himself from deciding two cases related to former President Donald Trump and his supporters’ efforts to overturn the results of the 2020 election, decisions that will affect criminal election interference charges pending against Trump.
The former president is accused of trying to steal the 2020 election by spreading lies about election fraud and attempting to persuade state officials, his vice president and Congress to prevent the certification of the legitimate results.
Others point out that former Justice Ruth Bader Ginsburg did not recuse herself from any case involving Trump after she publicly criticized him during his 2016 campaign.