# Apparently justice Alito is sympathetic to the January 6 rioters

**URL:** <https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743>\
**Category:** Politics & Elections\
**Created:** [May 18, 2024, 5:46pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743 "2024-05-18T17:46:41Z")\
**Posts on this page:** 20\
**Page:** 4

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [May 26, 2024, 3:00am UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/61 "2024-05-26T03:00:54Z")

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Some more detail to the story:

> **[Washington Post: Justice Samuel Alito’s wife said upside-down American flag...](https://www.cnn.com/2024/05/25/politics/samuel-alito-wife-upside-down-flag/index.html)**
>
> Supreme Court Justice Samuel Alito’s wife previously said the inverted American flag flown at the couple’s house in January 2021 was “an international signal of distress,” The Washington Post reported Saturday, detailing an...

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**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\
**Post date:** [May 26, 2024, 12:28pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/62 "2024-05-26T12:28:00Z")

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> [@Whack-a-Mole](#):
>
> [https://www.cnn.com/2024/05/25/politics/samuel-alito-wife-upside-down-flag/index.html](https://www.cnn.com/2024/05/25/politics/samuel-alito-wife-upside-down-flag/index.html)

Which as far as I know is true. So what is your distress mam?

The police should have been sent to the house. Seriously. They could have been in trouble, and managed to fly the flag upside down.

As it turns out they’re just some more republican assholes. But powerful assholes.

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [May 26, 2024, 12:37pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/63 "2024-05-26T12:37:05Z")

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> [@Smapti](#):
>
> All six of the Republican justices are Catholic, though. Ketanji Brown Jackson is the only Protestant on the court.

They’d probably still be in favor of oppression of Catholics. Just so long as someone is being oppressed, and there’s a special exception made for them personally.

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [May 27, 2024, 12:30am UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/64 "2024-05-27T00:30:01Z")

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I wonder if Alito is considering giving himself immunity going forward…

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**Author:** ![psychonaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/psychonaut/32/4655_2.png) [@psychonaut](https://boards.straightdope.com/u/psychonaut)\
**Post date:** [May 27, 2024, 4:30am UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/65 "2024-05-27T04:30:02Z")

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Judges have no power to grant themselves (or anyone else) immunity.

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**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\
**Post date:** [May 27, 2024, 9:51am UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/66 "2024-05-27T09:51:44Z")

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Well, if SCOTUS rules that they have the power to grant immunity, then they do. It’s possible they find that authority lurking under a penumbra, or crouching behind an emanation. Who knows what sneaky details are hiding in the Constitution, waiting for the right moment to reveal themselves? The Justices will be as surprised as we are.

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**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\
**Post date:** [May 27, 2024, 10:49am UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/67 "2024-05-27T10:49:57Z")

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> [@Stratocaster](#):
>
> It’s possible they find that authority lurking under a penumbra, or crouching behind an emanation.

Oddly, written in a different color ink.

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [May 27, 2024, 4:02pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/68 "2024-05-27T16:02:22Z")

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> [@psychonaut](#):
>
> Judges have no power to grant themselves (or anyone else) immunity.

I shudder to think, but we may find that in the future, the SC judges (and president) have the power to do _whatever they want._  
President for Life Trump _Dei Gratia_

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**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\
**Post date:** [May 27, 2024, 4:13pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/69 "2024-05-27T16:13:55Z")

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> [@Stratocaster](#):
>
> It’s possible they find that authority lurking under a penumbra, or crouching behind an emanation.

IIRC, the reasoning behind the Roe overturn was because some British guy said something before this country was founded, so therefore, the United States is now bound by the words of a man 99.99% of us had never heard of.

So, not too difficult to emanate when all of human history can be used to change the aspects of the current culture that one finds distasteful, regardless of the wishes of hundreds of millions of citizens.

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [May 27, 2024, 5:52pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/70 "2024-05-27T17:52:00Z")

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> [@JohnT](#):
>
> IIRC, the reasoning behind the Roe overturn was because some British guy said something before this country was founded, so therefore, the United States is now bound by the words of a man 99.99% of us had never heard of.

More than you might suspect. The conservative justices who railed against dubious law reasoning for decisions like Roe are now waaaay off the rails and just finding any thin justification they can for any bullshit outcome they want.

> > How the Supreme Court uses ‘tradition’ to take away the rights of Americans
> 
> In a recent New York Times [essay](https://www.nytimes.com/2024/03/29/opinion/supreme-court-originalism-tradition.html), Marc De Girolami, a law professor at the Catholic University of America, offered a novel account of the jurisprudence of the contemporary Supreme Court: Its unifying theme is “that the meaning and law of the Constitution is often to be determined as much by enduring political and cultural practices as by the original meaning of its words.” The court “has relied on traditionalism to good effect for many decades,” making our laws “respectful of the shared values of Americans over time and throughout the country.” - [SOURCE](https://thehill.com/opinion/judiciary/4571405-how-the-supreme-court-uses-tradition-to-take-away-the-rights-of-americans/)

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**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\
**Post date:** [May 29, 2024, 9:19pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/71 "2024-05-29T21:19:46Z")

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Guess what? [He’s not going to recuse himself.](https://www.youtube.com/watch?v=BvWaqDQpOog)

Never saw THAT coming, huh?

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [May 29, 2024, 10:27pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/72 "2024-05-29T22:27:03Z")

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It’s a shocker.

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**Author:** ![Briny\_Deep](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/briny_deep/32/17188_2.png) [@Briny\_Deep](https://boards.straightdope.com/u/Briny_Deep)\
**Post date:** [May 29, 2024, 10:42pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/73 "2024-05-29T22:42:27Z")

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At this point he might as well wear a MAGA hat in court. Why the hell not, right? It’s not as if anything would happen.

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**Author:** ![not\_what\_you\_d\_expect](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/not_what_you_d_expect/32/3246_2.png) [@not\_what\_you\_d\_expect](https://boards.straightdope.com/u/not_what_you_d_expect)\
**Post date:** [May 29, 2024, 10:43pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/74 "2024-05-29T22:43:40Z")

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What an honorable man he is. It’s all the fault of his wife. He asked to remove it but she said no.

I want to throw up.

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**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [May 29, 2024, 10:46pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/75 "2024-05-29T22:46:20Z")

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> [@Briny\_Deep](#):
>
> At this point he might as well wear a MAGA hat in court. Why the hell not, right?

He can say his wife made him wear it.

ETA: Ninja’d by @not_what_you_d_expect – indeed!

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**Author:** ![Buck\_Godot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/buck_godot/32/6573_2.png) [@Buck\_Godot](https://boards.straightdope.com/u/Buck_Godot)\
**Post date:** [May 29, 2024, 11:05pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/76 "2024-05-29T23:05:46Z")

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Next up,

I opposed the decision that the president has the constitutional right to assassinate his political opponents but my wife liked the idea. What was I supposed to do?

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [May 29, 2024, 11:28pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/77 "2024-05-29T23:28:46Z")

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More like

I opposed the decision that the (Republican) president has the constitutional right to assassinate his political opponents but my wife liked the idea. What was I supposed to do?

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**Author:** ![Jihi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jihi/32/17768_2.png) [@Jihi](https://boards.straightdope.com/u/Jihi)\
**Post date:** [May 29, 2024, 11:46pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/78 "2024-05-29T23:46:02Z")

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First I apologize for putting this thought in everyone’s heads, but if we had nine Alitos on the court I think we might very well be living under a God-Emperor Trump right now.

I’m sure this is been discussed elsewhere and I do apologize for asking this. But what is the likelihood of Alito and Thomas possibly facing impeachment one day? Say if everything falls right in November and Democrats managed to take back both houses of congress?

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**Author:** ![Buck\_Godot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/buck_godot/32/6573_2.png) [@Buck\_Godot](https://boards.straightdope.com/u/Buck_Godot)\
**Post date:** [May 29, 2024, 11:47pm UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/79 "2024-05-29T23:47:45Z")

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I was assuming that the decision would be made post Jan 21 2025 after a Trump victory. At that pointand beyond, specifying Republican president would be redundant.

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**Author:** ![Buck\_Godot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/buck_godot/32/6573_2.png) [@Buck\_Godot](https://boards.straightdope.com/u/Buck_Godot)\
**Post date:** [May 30, 2024, 12:01am UTC](https://boards.straightdope.com/t/apparently-justice-alito-is-sympathetic-to-the-january-6-rioters/1001743/80 "2024-05-30T00:01:38Z")

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> [@Jihi](#):
>
> First I apologize for putting this thought in everyone’s heads, but if we had nine Alitos on the court I think we might very well be living under a God-Emperor Trump right now.

I find it kind of ironic that neither of the two most Trumpian judges on the Supreme Court were actually nominated by Trump. I credit McConnell (need go to wash my mouth out now) with suggesting justices who were while admittedly far right, at least not trying to overturn Democracy (as of yet).

> [@Jihi](#):
>
> Say if everything falls right in November and Democrats managed to take back both houses of congress?

Impeachment? Pretty good. Impeachment and removal from office? Basically zero.

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