CEDRIC MERLIN POWELL, The Hill; Alito’s inverted flag makes a mockery of the Supreme Court’s code of ethics
"This violates the court’s newly minted code of conduct, which remains unenforced because the court regulates itself. Its legitimacy is buttressed by a paper tiger.
The inverted flag on Justice Alito’s flagpole violates nearly all of the court’s ethical rules.
Its first disqualification rule says “A Justice is presumed impartial and has an obligation to sit unless disqualified.” Alito’s impartiality has been shattered. He should be disqualified because he has not avoided “impropriety and the appearance of impropriety in all activities” per Canon 2, and he cannot “perform the duties of office fairly [and] impartially” per Canon 3 because the inverted flag signals his allegiance to a party that has pending matters before the court.
The partisan and volatile tenor of the inverted flag “endorse[s] a … candidate for public office,” which violates Canon 5 because it trades in the discredited Trump-invented trope of a stolen election. Justice Alito has not refrained from political activity; thus, the independence of the judiciary is called into question, per Canon 1. This is particularly disconcerting because Justice Alito is the third most senior justice on the court...
Every branch of government, including state and lower federal courts, has enforceable and binding codes of conduct that ensure impartiality, fairness and legitimacy. Congress must adopt a binding code of conduct for the Supreme Court. We should right the flag by turning it upward toward our democratic principles."
