Alito allies allege 'double standard' on calls for recusal over Ginsburg’s anti-Trump comments

Justice Ruth Bader Ginsburg - Sala Belvedere, Villa Schifanoia/Creative Commons

U.S. Supreme Court Justice Samuel Alito has drawn vehement criticism from many Democrats — as well as from some Never Trump conservatives — following New York Times reports on two flags that were seen outside of properties he owns: an upside-down American flag outside of his home in Alexandria, Virginia on January 17, 2021, and an "Appeal to Heaven" flag that was seen outside Alito's New Jersey Shore beach house two years later.

Both have been used by Trump supporters to symbolize an election they falsely claim was stolen from Trump.

Many Democrats have been arguing that in light of the flags' presence on Alito's properties, he needs to recuse himself from any election-related cases. Liberal economist Robert Reich has even called for Alito's impeachment.

READ MORE: Why Alito's response to inverted flag controversy is as troubling as symbol itself: analysis

But according to The Dispatch, some pro-Alito Republicans are arguing that Democrats have a double standard with Alito — as they didn't call for the late Justice Ruth Bader Ginsburg to recuse herself from any cases even though she openly criticized Trump during the 2016 presidential race.

Ginsburg, that year, told the New York Times, "I can't imagine what this place would be — I can't imagine what the country would be — with Donald Trump as our president."

The late Bill Clinton-appointed justice, however, never displayed flags that, Alito's critics say, were used to symbolize insurrection following a presidential election.

The Dispatch discussed these double-standard claims with some Democratic U.S. senators.

READ MORE:Why the 'inversion of the flag remains a problem' despite Alito’s 'explanation': columnist

Sen. Richard Blumenthal (D-Connecticut) told The Dispatch, "What Alito did was — what he has done — I think there's a clear distinction. Repeatedly and continually, he has stated clearly and unequivocally his political support for Donald Trump, not just the flags, but the op-eds he's done, and other statements that he's made and speeches to the Federalist Society."

Sen. Sheldon Whitehouse (D-Rhode Island) told The Dispatch, "I don't know what cases she was ruling on at that point. They (Republicans) weren't asking for (recusal)."

Sen. Mazie Hirono (D-Hawaii) didn't have much to say on the matter, telling The Dispatch, "Why don't we deal with the issues that are before us now?"

READ MORE:'Serious concerns': Dems say Thomas may be liable for 'violations of federal tax laws'

Read The Dispatch's full report at this link.

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