U.S. Supreme Court Justice Samuel Alito, justifying his decision not to recuse himself from two cases relating to the January 6 attack on the Capitol, has claimed that he was "not even aware" of an upside-down American flag that he said was flown by his wife in response to a neighborly dispute rather than as a political statement in support of pro-Trump insurrectionists. But The New York Times reported Thursday that, while legal experts welcomed Alito's willingness to explain himself, they were not persuaded by his alibi.
"I agree that Justice Alito's wife has a First Amendment right to express her views," said Amanda Frost, a law professor of the University of Virginia. "But if she does so on their shared property, in a way that would lead a reasonable person to question his impartiality, then he should respond by recusing himself."
