News of a "Stop the Steal” symbol that flew at the home of Justice Samuel Alito after the 2020 election has elicited concerns from politicians, legal scholars and others about the Supreme Court’s ethical standards — and, most urgent, whether the public will regard its rulings about Jan. 6, 2021, as fairly decided.
In coming weeks, the Supreme Court is expected to issue two key decisions involving the storming of the Capitol on that day. The cases will shape the degree to which former President Donald Trump can be held accountable for his efforts to subvert the 2020 election.
"These cases were always going to be seen through an ideological and partisan lens,” Michael C. Dorf, a Cornell law professor and former clerk to Justice Anthony Kennedy, said in an interview. "The fact that you’ve got two justices who are strongly identified not just with the Republican Party or the conservative movement but the ‘Stop the Steal’ movement raises that to another level.” Justice Clarence Thomas’ wife, Virginia Thomas, was directly involved in efforts to overturn the election.