For The Love of God Democrats: Do Something About Sam Alito

Stop turning a blind eye to fascist extremism.

Many people describe Supreme Court Justice Samuel Alito as the “Fox News Judge.” I think that’s wrong. Due to his MAGA allegiance and belief he is above Congressional oversight, it’s much more apt to describe him as the “Newsmax-OANN-Breitbart-All Lives Matter Judge.” It doesn’t quite roll off the tongue, but it better summarizes Alito’s worldview.

Last week, The New York Times reported Justice Alito flew an upside-down American flag at his home. Originally a sign of distressed seafaring vessels, the inverted flag was adopted by MAGA supporters, specifically those who participated in the January 6^th insurrection. The Alito’s also flew “An Appeal To Heaven” flag at his New Jersey beach house, another emblem favored by far-rightists.

Trump supporters with the “An Appeal To Heaven” flag in September 2020. Alito was flying this flag as late as the summer of 2023.

In light of these discoveries, Alito wrote a letter to Congress stating he would not recuse himself from the upcoming Supreme Court case that will decide if Donald Trump is immune from prosecution, despite his clear bias. (He also blamed the flags on his wife and claimed to be “unaware” of them, despite them being in front of his house.) This blatant disregard for the Supreme Court’s already-pitiful ethics code isn’t the first time Alito has shown his contempt for the American public. He almost certainly leaked the Dobbs decision overturning Roe v. Wade to keep Brett Kavanaugh from switching his vote, and he has a long history of flagrant partisanship.

In June of 2023, Pro Publica reported Alito accepted all-expenses-paid vacations from GOP-aligned billionaire Paul Singer. Singer’s businesses appeared before the Supreme Court and Alito many times over the years, but the Justice never recused himself nor disclosed the trips. When asked by Pro Publica to comment on the story, Alito ran to The Wall Street Journal where he wrote an op-ed published before the Pro Publica story came out. Altogether, a Supreme Court justice accepting bribes from conservative billionaires and then using a rightist newspaper to defend himself is a spot-on case study for how late-stage capitalism has bastardized America’s already-failing democratic systems.

Alito (center) and Paul Singer (right).

Despite the clear evidence of Alito’s depravity and the surety he will rule Donald Trump is a special boy who can do no wrong, the Democrats have already surrendered. President Biden, who is running for reelection on a “save democracy” platform, has said punted the job of disciplining Alito to Congress. But even they don’t want to act. When asked if he would call Alito to testify about his breach of impartiality, Senate Judiciary Chair Dick Durbin threw up his hands like a manipulative husband feigning incompetence to get out of folding the laundry. “I’m not going to do that,” Durbin stated.

“Someone should do something about these out-of-control judges!” - The Chair of The Senate Judiciary Committee 

Now, this is strange, because my 3rd grade teacher told me the three branches of government oversaw each other with a system of checks and balances. It’s been a long time since I was in Mrs. Upchurches’ class, so I decided to dust off my textbooks. Upon re-reading my elementary school notes, I discovered the Constitution says Congress is responsible for determining the Supreme Court. Someone should tell Dick Durbin!

“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” - Article III of the Constitution

Congress has exercised its parental power over the Supreme Court many times throughout American history. They created the Court with the Judiciary Act of 1789, and have since added judges as they see fit. As the creators and determiners of the Court, Congress is obviously responsible to check the egregious behavior of its Justices. And yet, despite the Republican Party turning the Supreme Court into a vehicle to overrule popular laws and steal presidential elections, the Democrats have absolutely no motivation to fight back. As history has taught us, repeatedly turning a blind eye to extremist forces only empowers them. Throughout the Trump years, there has been much comparison between 21^st-century America and 1930s Germany. Given the Democrats’ allergy to action in the face of a runaway Supreme Court, I find this comparison more apt than I did a year ago. I’m not saying another Trump presidency or an unchecked conservative Justice will result in a world war or death camps. But, there is a key similarity between the rise of the Nazis and contemporary American politics: When faced with extremists, the centrists fail to act accordingly.

History Doesn’t Repeat, But It Does Rhyme

Following the 1932 German elections, the Nazis held the most seats in the Reichstag. After trying out two moderate chancellors, the centrist President Hindenburg acquiesced to the anti-communist pressure of German industrialists and appointed Hitler. These powerful industrialists thought Hitler was a temporary nuance, who would fade away once things returned to “normal.” But Hitler didn’t go away. Instead, he consolidated power by appealing to the moderates. Most infamously, the Centre Party provided Hitler the votes to pass the Enabling Act, which made him a dictator. The rest is history.

Hitler, shortly after being appointed chancellor by Hindenburg. January 30^th, 1933.

Comparing Republicans to the Nazis may seem hyperbolic. I don’t intend to imply America will become a dictatorship if the Republican Party isn’t challenged, or that a second-term Trump will build gas chambers on January 22nd, 2025. Instead, I’m simply pointing out that this is what the road to fascism looks like: Extremist politicians flagrantly display their beliefs, to which the ostensible “sane” centrists shrug their shoulders and hope the media cycle passes. Unfortunately, that will not work. Sam Alito is not a puppy who will stop peeing on the rug after a few scoldings. He’s a fascist, who will only respond to the constraints placed upon him. As evident by both his rulings and his personal behavior, he sees the American people as beneath him. He’s proudly supported anti-democratic movements, accepted bribes from capitalists, and broke one of the only rules placed upon the Supreme Court so that he could strip reproductive rights away from Americans, despite the overwhelming majority of us wishing for Roe to remain intact. 

And yet, the Democrats do nothing. Durbin politely asked him to testify and then shriveled into a ball when Alito told him to fuck off. This is the behavior of cowards and fools. If Alito, Thomas, and frankly, every other Supreme Court Justice is not sternly reminded that they are subordinate to the will of the American people, the next batch of Republican-appointed judges is only going to get worse.

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