In my columns over the years I’ve argued that judges should not have to run for election, as they do in Maryland. I’ve also argued that the Baltimore State’s Attorney and the State’s Attorneys for each Maryland county should be appointed, not elected. The state should follow something like the federal system, with the executive branch (the governor or attorney general) nominating chief prosecutors for each Maryland jurisdiction to the state Senate for confirmation or rejection. That process still involves some politics but it is not as blatantly political as the process we have now — prosecutors running for election or re-election, seeking campaign donations (often from members of the bar) and endorsements. Same with state judges, who are appointed and then face election. That whole process taints — and potentially delegitimizes — the judiciary and the criminal justice system. This system in Maryland has been around for decades and no one challenges it. The political class is content with it and assumes the public has no concern with the system’s authority or legitimacy.
The Supreme Court has a big problem with legitimacy, with at least two justices — Clarence Thomas and Samuel Alito — living in households not only publicly aligned with Donald Trump but apparently supportive of the Jan. 6 insurrection. The court already had a problem with legitimacy, overturning Roe v. Wade, despite claims by conservative, Trump-nominated justices that it was settled law.
With the Times story on the upside-down “Stop The Steal” flag at Alito’s residence, we’ve reached a new level of active, arrogant disregard for the public’s perception of the court. Alito blames his wife for the display and apparently told Fox that it was done in response to a nasty neighbor. From Adam Serwer’s piece in The Atlantic: “A Fox host later reported that ‘the neighbor put up a sign personally addressing Mrs. Alito and blaming her for the Jan 6th attacks.’ Even accepting that this is true and that Alito’s neighbor was behaving rudely, signaling support for an insurrection is an odd way to respond to someone accusing you of supporting an insurrection.”
And, meanwhile, Alito has taken no steps to disavow the insurrectionist claims. He and Thomas have clear conflicts in deciding any matter with regard to Trump’s indictments. Chief Justice Roberts should ask them to recuse themselves or else risk a legacy, if not already established, of having presided over the court with arrogant disregard for its legitimacy.
Dan Rodricks 
With all due respect, let me rephrase the issue: Assuming that it was Mrs. Alito who raised the inverted flag, should her exercise of free speech (despite that you and I may disagree with the message of the speech) be a reason why her husband should have to recuse himself from certain decisions? That is, she is a different person than her husband.
The case is different as to Justice Thomas, who has personally received expensive gifts, travel, and other considerations from persons who are associated with persons or entities who have cases before the Court. He also has a politically active wife, but it is his personal behavior which calls into question his impartiality in certain cases.
Justice Ketanji Brown Jackson’s husband is a surgeon. Should she be required to recuse herself from any cases involving medical insurance, the Affordable Care Act, or other matters which could impact her husband directly or tangentially?
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Active interest in a particular cause by a spouse, a cause that comes before the court — yes, that demands recusal.
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Yes, but if Justice Alito came out with a strong condemnati
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Alito has said nothing to disavow what is symbolized by the upside down flag.
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As my in-laws would say; “What about Hunter’s laptop”?
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“Alito has said nothing to disavow what is symbolized by the upside down flag.” Quite true.
But here is the problem. If he came out with a strong statement condemning this symbolism and condemning the insurrection of 1/6/21, he’d have to recuse himself on any case relating to the insurrection. Judges aren’t supposed to take positions publicly on issues that are going to come before them.
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Well…… Now there is a second Alito flag controversy. https://www.yahoo.com/news/second-flag-takes-justice-alito-125042201.html?fr=sycsrp_catchall
I retract my comments about the first flag controversy. There is no suggestion by Justice Alito that this 2nd flag, flown in 2023, is the product of his wife’s anger at a neighbor. Indeed it is at a different property.
Flying a flag is taking a position, and if Justice Alito is doing so, it is plain wrong.
By the way, does he have access to an American flag?
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