Welcome to a discussion about the upcoming 5th Revolution in the US, which I’ve titled the “Revenge Revolution.” For more about the Revenge Revolution and the author, click “About the Author” tab. Periodically I write a “sense check” to assess whether a revolution in the US is possible or whether the entire exercise is based on a statistical aberration — i.e., a roughly 50-year cycle between major upheavals in the US. The previous “sense check” was ENTRY #500.
ENTRY #509: Part 4-Repairing Democracy: “My wife made me do it! She flew the American flag upside down! How was I to know?” claimed SCOTUS justice Samuel Alito after the NYT published a picture of the flag.
Right Sam. Let’s see if I get this right. The flagpole in question is planted right outside the front door of your house in Washington, DC. And given that location, a flag being flown on that pole would be hard to see whether coming or going from the house.
Oh, and yes, the flag was flown upside down for several days. So, tell me again, what’s your excuse for letting the flag fly upside down for several days?
The timing? Gee, the upside-down flag just happened to fly soon after the January 6 insurrection. Excuse me, I misspoke. After the January 6 visit to the Capitol by those “true patriots” who wanted to encourage Senators to reconsider the will of the public.
“But that’s my wife’s 1st Amendment right. I can’t control what she does or says,” further claimed Alito.
Well Sam, then what about the Pine Tree flag flying at your vacation house in Long Beach Island, New Jersey? The symbolism of that flag might be a bit more subtle, but the message is essentially the same. Disregard the US Constitution and set up a different set of rules. The Pine Tree Flag supports the idea that Christianity should take precedence over any government regulation.
Dear Sam the Sham Alito: maybe I missed when the 1st Amendment was modified to eliminate the separation of church and state. And the modification to the 1st Amendment made Christianity the de facto law of the land. When was the 1st Amendment modified?
Your behavior has repeatedly demonstrated you are unqualified to serve on SCOTUS. If a SCOTUS Justice cannot follow a simple code of ethics that applies to every other federal judge, then why should anyone in the public respect your rulings on a case?
What’s the impact of behavior by Alito, and Thomas? The behavior of both justices is a key contributor to a sharp and sustained decline in the public’s respect for SCOTUS. Over the last 20-25 years – roughly the tenure of Alito and Thomas – according to a survey by GSS, the percentage of Americans who indicate high or some level of confidence in SCOTUS has declined from 85+% in 2000 to about 50% in 2023. The relative decline was even greater among those with “high confidence” in SCOTUS.
The public understands the SCOTUS justices have a right to interpret a case differently. The public does not understand or approve why SCOTUS justices have a right to exclude themselves from ethical behavior and, in Thomas’ case, borderline illegal behavior.
Republicans who question why the uproar over the Stars and Stripes flying upside down at Alito’s house should ask themselves would they show equal support for a more liberal justice who did something similar? Or would they show the same indifference if a Democratic member of Congress had flown the US flag upside down or flown a flag supporting an insurrection? Would Republicans support such actions the way they’re supporting Alito and Thomas?
And about those 1st Amendment rights Alito claims for his wife? Why are Republicans in the House all exorcised about some college students protesting Israel’s action in Gaza? Republicans don’t support either Muslims or Jews, so why all the fuss? And don’t the students have 1st Amendment rights?
Disregard for the ethical behavioral guidelines and especially disregard for the rule of law by those in power erodes the public’s trust in democracy. Trust is eroded even more quickly when the behavior is by those charged with upholding the rule of law. And which body is charged with the final interpretation of the law – SCOTUS.
When SCOTUS justices Alito and Thomas openly thumb their nose at ethical guidelines and/or the rule of law, the public then begins to question the fairness of all rulings. The erosion of confidence in the court system can be the death kneel of democracy.
If we, societal we, are to begin repairing our democracy, we need to get Alito and Thomas off SCOTUS. We should also consider implementing a reasonable procedure for “impeaching” justices who have clearly violated ethical guidelines and even worse the law. We should also implement term limits for SCOTUS justices – say 20 years and out. The changes would be a start. END ENTRY 509
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