In a recent op-ed for The New York Times, Judge Michael Ponsor, a sitting federal judge, expressed his disapproval of the upside-down American flag flying at Justice Samuel Alito's home. Judge Ponsor, who was appointed by Bill Clinton, described the act as unethical and criticized its implications on public trust in the judiciary.

The upside-down flag, a symbol associated with supporters of former President Donald Trump who reject President Biden's victory in the 2020 election, was observed at Justice Alito's residence in the aftermath of the January 6th Capitol riot.

Judge Ponsor emphasized the importance of impartiality and trust in the judiciary. He argued that displaying the flag in such a manner undermined public confidence in the courts, stating, "Courts work because people trust judges. Taking sides in this way erodes that trust."

Justice Alito previously attributed the flag display to his wife's response to insults from a neighbor. However, Judge Ponsor asserted that irrespective of the circumstances, such an act should not have occurred. He likened it to displaying a "Stop the steal" bumper sticker, emphasizing the inappropriateness of such conduct.

Additionally, Judge Ponsor acknowledged the challenging position of being a judge's spouse but called for restraint and avoidance of actions that may embarrass or complicate the professional lives of their loved ones.

Further scrutiny was drawn to Justice Alito when it was revealed that an "Appeal to Heaven" flag, another symbol associated with Trump supporters and Christian government advocacy, was seen flying at his New Jersey beach home.

Judge Ponsor urged a higher standard of ethical behavior for judges, one rooted in personal principles rather than mere adherence to laws or regulations. He criticized the lack of foresight displayed in the flag display, highlighting its consequences on the perceived integrity of the court.

This is not the first time Judge Ponsor has called attention to ethical concerns within the judiciary. In a previous op-ed in July 2023, he urged the Supreme Court justices to establish a formal ethical apparatus.

The flag controversy has prompted calls for Justice Alito to recuse himself from Trump-related cases. Democratic lawmakers, including Rep. Alexandria Ocasio-Cortez, have demanded a Senate investigation into Justice Alito's alleged alignment with the Capitol raiders. Ocasio-Cortez emphasized the need to defend democracy and reassess the judge's role in pivotal court proceedings.

As the debate surrounding the displays at his residence grows, Justice Alito finds himself facing scrutiny and pressure to address the ethical implications of his actions. The flag controversy not only emphasizes the importance of maintaining public trust in the judiciary but also raises broader questions about the role of judges and their responsibilities in upholding democratic values.