The Alito family tarnished the reputation of the Supreme Court. There are consequences | Opinion

Justice Hugo Black loved the U.S. Supreme Court as much as anyone who has held a seat on the nation’s high bench. When Black proposed marriage to his secretary, six years after the death of his first wife, he explained that she, like Caesar’s wife, would have to be above reproach.

Black wanted assurance from his fiancé that she would be above suspicion and, at all events, that she would be “a one-man woman.” He sought to avoid words and acts that would stain his, or the court’s, reputation. Justice Black may not have had chocolate, flowers and a diamond ring in hand, or poetic whisperings in his voice, but his standard was not unreasonable.

Like his predecessors, Black understood that the court’s reputation is inextricably linked to its prestige and that the court’s prestige is the real source of its authority and influence. That’s why the justices, historically at least, have regarded themselves as the gatekeepers of the court’s reputation and standing with the public.

If Americans perceive the court to be a partisan political body, they are less likely to adhere to its rulings. Loss of respect for the court’s rulings implies loss of respect for the rule of law. That’s why the court’s public approval ratings are important.

Which is precisely why the news that Justice Samuel Alito — or his wife — flew the American flag upside down in the front yard of their home in the days after the January 6, 2021, insurrection is so troublesome. The Alito’s decision to display at their New Jersey beach house another flag, this one bearing the words, “Appeal to Heaven,” is worrisome as well. Although it was a Revolutionary War banner, it has become a popular symbol of the white Christian nationalist movement.

The Supreme Court’s approval ratings are at a historic low, and the Alitos’ action threatens further decline in public support. The decision in the Alito Household to display the flag in a manner which, traditionally, declares distress and was a principal symbol used by those who believed the 2020 presidential election was stolen — the “stop the steal” movement — a distinctly pro-Donald Trump statement, casts a further pall of suspicion over the court.

A Gallup News Poll in September of 2023 — six months before the oral arguments in explosive cases involving the insurrectionists and the issue of presidential immunity from criminal prosecution, and the Court’s speedy ruling that former President Trump may not be disqualified from the ballot — indicated that only 40% of Americans approve of the Court’s work, while 58% disapprove.

For an institution that requires reputation, prestige and, fundamentally, public trust, it is puzzling that the Alito household would engage in such a partisan demonstration.

To be clear, Alito sent an email statement to the New York Times, in which he denied involvement in the decision to fly the flag upside down. Alito explained, “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”

As the late-night talk show host, Stephen Colbert, observed, “Justice Alito dropped a dime on his wife” when he blamed her for flying the inverted flag. Justice Alito has not said if he filed a dissenting opinion.

As citizens, the Alitos have a right to vote for candidates who represent their political views. Ethical guidelines bar Alito from words and conduct that suggest bias and require recusal. We may never know whether Alito saw, while driving to and from work, the inverted flag flying over the driveway, or whether he and Mrs. Alito discussed the posture of the flag. As for Mrs. Alito if, indeed, she acted unilaterally, there is wisdom in following Justice Black’s standard.