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Justice Alito’s Wife Said Upside-Down Flag Was ‘Signal Of Distress’

FILE - Supreme Court Justice Samuel Alito pauses after swearing in Mark Esper as Secretary of Defense during a ceremony with President Donald Trump in the Oval Office at the White House in Washington, July 23, 2019. A second flag of a type carried by rioters during the attack on the U.S. Capitol on Jan. 6, 2021, was displayed outside a house owned by Alito according to a report published May 22, 2024, by The New York Times. (AP Photo/Carolyn Kaster, File)

The wife of Supreme Court Justice Samuel A. Alito Jr. told a Washington Post reporter in January 2021 that an upside-down American flag recently flown on their flagpole was “an international signal of distress” and indicated that it had been raised in response to a neighborhood dispute.

The incident documented by reporter Robert Barnes, who covered the Supreme Court for The Post for 17 years and retired last year, offers fresh details about the raising of the flag and the first account of comments about it by the justice’s wife.

The Post decided not to report on the episode at the time because the flag-raising appeared to be the work of Martha-Ann Alito, rather than the justice, and connected to a dispute with her neighbors, a Post spokeswoman said. It was not clear then that the argument was rooted in politics, the spokeswoman said.

The upside-down flag has long been a sign of distress for the military and protest by various political factions. In the fraught weeks before and after the Jan. 6, 2021, attack on the U.S. Capitol, it had also been adopted by supporters of the “Stop the Steal” movement, which embraced Donald Trump’s false claims that Joe Biden stole the election from him. Some of the rioters who participated in the attack had carried upside-down American flags with them.

The display of the politically charged symbol outside the Alitos’ home became a public controversy last week after the New York Times reported on it, raising new ethics questions for the Supreme Court as it prepares to issue pivotal rulings in two cases related to efforts by Trump and his supporters to block Biden’s 2020 election victory.

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