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The 'Appeal to Heaven' flag involved in Alito controversy evolved from Revolutionary War symbol to banner of the far right

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The 'Appeal to Heaven' flag involved in Alito controversy evolved from Revolutionary War symbol to banner of the far right

U.S. Supreme Court Justice Samuel Alito is embroiled in a second flag controversy in as many weeks, this time over a banner that in recent years has come to symbolize sympathies with the Christian nationalist movement and the false claim that the 2020 presidential election was stolen.

An “Appeal to Heaven” flag was flown last summer outside Alito’s beach vacation home in New Jersey, according to the New York Times, which obtained several images showing it on different dates in July and September 2023. The Times previously reported that an upside down American flag — a sign of distress — had flown outside Alito’s Alexandria, Va., home less than two weeks after the violent Jan. 6, 2021, attack on the U.S. Capitol by supporters of former President Trump.

Some of the rioters carried the inverted American flag or the “Appeal to Heaven” flag, which shows a green pine tree on a white field. The revelations have escalated concerns over Alito’s impartiality and his ability to objectively decide cases currently before the court that relate to the Jan. 6 attackers and Trump’s attempts to overturn the results of the 2020 election. Alito has not commented on the flag at his summer home.

Here is the history and symbolism of the “Appeal to Heaven” flag.

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What are its origins?

Ted Kaye, secretary for the North American Vexillological Assn., which studies flags and their meaning, said the “Appeal to Heaven” banner dates to the Revolutionary War. Six schooners outfitted by George Washington to intercept British vessels at sea flew the flag in 1775 as they sailed under his command. It was the maritime flag of Massachusetts from 1776 to 1971, he said.

According to Americanflags.com, the pine tree on the flag symbolized strength and resilience in the New England colonies while the words “Appeal to Heaven” stemmed from the belief that God would deliver the colonists from tyranny.

How has its symbolism changed?

There are a few reasons people fly “Appeal to Heaven” flags today, said Jared Holt, a senior analyst at the Institute for Strategic Dialogue, a London-based think tank that tracks online hate, disinformation and extremism.

Some identify with a “patriot” movement that obsesses over the Founding Fathers and the American Revolution, he said. Others adhere to a Christian nationalist worldview that seeks to elevate Christianity in public life.

“It’s not abundantly clear which of those reasons would be accurate” in this situation, Holt said. But he called the display outside Alito’s home “alarming,” saying those who do fly the flag are often advocating for “more intolerant and restrictive forms of government aligned with a specific religious philosophy.”

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The “Appeal to Heaven” flag was among several banners carried by Jan. 6 rioters, who also favored the Confederate flag and the yellow Gadsden flag, with its rattlesnake and “Don’t Tread on Me” message, said Bradley Onishi, author of “Preparing for War: The Extremist History of White Christian Nationalism.”

“That’s the family,” he said.

What about Mike Johnson?

House Speaker Mike Johnson displays the flag in the hallway outside his office next to the flag of his home state, Louisiana.

Johnson, a Republican, told the Associated Press he did not know the flag had come to represent the “Stop the Steal” movement.

“Never heard that before,” he said.

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The speaker, who led one of Trump’s legal challenges to the 2020 election, defended the flag and its continued use despite the modern-day symbolism around it.

“I have always used that flag for as long as I can remember, because I was so enamored with the fact that Washington used it,” Johnson said. “The Appeal to Heaven flag is a critical, important part of American history. It’s something that I’ve always revered since I’ve been a young man.”

He added: “People misuse our symbols all the time. It doesn’t mean we don’t use the symbols anymore.”

Johnson said he had never flown the U.S. flag upside down in distress, as Alito did, and he declined to assess the justice’s situation and whether raising the flags at his home was appropriate.

But he called the criticism of the “Appeal to Heaven” flag “contrived.”

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“It’s nonsense,” he said. “It’s part of our history. We don’t remove statues and we don’t cover up things that are so essential to who we are as a country.”

Should Alito recuse?

The House Democratic whip, Rep. Katherine Clark of Massachusetts, said in a statement that the display of the “Appeal to Heaven” flag at an Alito home was “not just another example of extremism that has overtaken conservatism. This is a threat to the rule of law and a serious breach of ethics, integrity and Justice Alito’s oath of office.”

She called for Alito to recuse himself from any cases related to Jan. 6 and the former president.

There’s a clear difference between the House speaker displaying the flag outside his office and a Supreme Court justice flying it and the upside down American flag outside his homes as the court is deciding cases involving issues those flags have come to symbolize, said Alicia Bannon, director of the Judiciary Program at the Brennan Center for Justice at New York University. Alito’s actions don’t “just cross the line,” she said. “They take you out of the stadium and out of the parking lot.”

Alito and the court declined to respond to requests for comment on how the “Appeal to Heaven” flag came to be flying and what it was intended to express. Alito has said the upside down American flag was briefly flown by his wife during a dispute with neighbors and that he had no part in it.

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Another blow to the court’s reputation?

The Supreme Court already was under fire as it considers unprecedented cases against Trump and some of those charged for the attack on the Capitol.

An issue is that the high court does not have to adhere to the same ethics codes that guide other federal judges. The Supreme Court had long gone without its own code of ethics, but it adopted one in November 2023 in the face of sustained criticism over undisclosed trips and gifts from wealthy benefactors to some justices, including Alito. The code lacks a means of enforcement, however.

The federal code of judicial ethics does not universally prohibit judges from involvement in nonpartisan or religious activity off the bench. But it does say that a judge “should not participate in extrajudicial activities that detract from the dignity of the judge’s office, interfere with the performance of the judge’s official duties” or “reflect adversely on the judge’s impartiality.”

Jeremy Fogel, executive director of the Berkeley Judicial Institute at the UC Berkeley Law School, said the flag revelations lead to questions about whether Alito can be impartial in any case related to Jan. 6 or Trump.

“Displaying those particular flags creates the appearance at least that the justice is signifying agreement with those viewpoints at a time when there are cases before the court where those viewpoints are relevant,” he said.

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A March AP/NORC poll found that only about one-quarter of Americans think the Supreme Court is doing a somewhat or very good job upholding democratic values. About 45% think it’s doing a somewhat or very bad job.

Fields, Mascaro and Amiri write for the Associated Press. AP writer Ali Swenson in New York contributed to this report.

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Conservative legal group targets CFPB rule mandating race, sex data in home loans

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Conservative legal group targets CFPB rule mandating race, sex data in home loans

NEWYou can now listen to Fox News articles!

FIRST ON FOX: A Trump-aligned legal group is urging the Consumer Financial Protection Bureau to scrap its demographic reporting mandate, arguing that the rule allows lenders to consider the race and sex of mortgage applicants as part of diversity, equity and inclusion efforts.

America First Legal said in a petition, first reviewed by Fox News Digital, that the CFPB should encourage mortgage lenders to focus strictly on the creditworthiness of home buyers. The CFPB’s Regulation C, which requires the lenders to track and report race and sex, is unconstitutional, the group argued.

“The disclosure of this information leaves applicants vulnerable to race- and sex-based discrimination by government and private actors in violation of federal civil rights law and the Constitution,” an America First Legal representative wrote.

A view of the Consumer Financial Protection Bureau (CFPB) headquarters building in Washington, D.C., on Feb. 10, 2025. (Getty Images)

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The petition comes as part of a broader effort by President Donald Trump to quash diversity, equity and inclusion, also known as DEI, in the public and private sectors. The petition aligns with an executive order Trump signed in April urging a “meritocracy and colorblind society.” The order was aimed at agencies responsible for evaluating people’s credit.

DEI is a framework that companies, schools, government agencies and other entities have adopted to promote equal treatment for minorities, but conservatives have long argued its practices can be discriminatory by improperly extending preferential treatment to them.

America First Legal said Regulation C flies in the face of the administration’s sweeping efforts to root out DEI across industries. The group’s petition functions as a request to the CFPB to formally begin the process of eliminating the regulation.

The Trump administration slashed $15 million in DEI contracts. (Reuters/Getty)

“The federal government has no business forcing Americans to disclose their race or sex as a condition of applying for a mortgage,” America First Legal President Gene Hamilton said in a statement. “Regulation C pressures lenders to sort borrowers by immutable characteristics and invites discrimination under the guise of ‘equity.’”

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The CFPB was created by Congress in the aftermath of the 2008 financial crisis to investigate complaints about mortgages, various other loans and other banking activity that involves consumers.

Russell Vought, director of the Office of Management and Budget, is also leading the Consumer Financial Protection Bureau. (Anna Moneymaker/Getty Images)

But since its inception, Republicans have targeted the agency as a rogue entity that imposes unnecessary and burdensome regulations on financial institutions.

The acting director of the agency, Russell Vought, has sought to shutter the CFPB entirely, but those efforts have thus far been stalled by the courts, which have found that only Congress can get rid of it. The CFPB has remained somewhat operational, as it has been filing reports through late last year, and Vought recently requested an additional $145 million to fund it to remain compliant with a recent court order.

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Thousands gather statewide in anti-ICE protests, including hundreds in Huntington Beach

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Thousands gather statewide in anti-ICE protests, including hundreds in Huntington Beach

More than 60 largely peaceful protests took place this weekend against U.S. Immigration and Customs Enforcement actions, including several in Southern California.

But while many protests were without incident, they were not short on anger and moments of tension. Organizers called the gatherings the “ICE Out for Good” weekend of action in response to the fatal shooting of Renée Nicole Good by an Immigration and Customs Enforcement agent in Minneapolis.

In Huntington Beach, Ron Duplantis, 72, carried a diagram to represent the three shots fired at Good, including one through her windshield and two others that appeared to go through her side window.

“Those last two shots,” he said, “make it clear to me that this is murder.”

Participants in the “ICE Out” protest hold signs Sunday in Huntington Beach.

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(Kayla Bartkowski / Los Angeles Times)

Huntington Beach has seen past clashes between Trump supporters and anti-racism activists, but as of mid-afternoon, Sunday’s protest was tense at times, but free of violence. About 300 people — and two dozen counterprotesters — stood outside City Hall, with protesters carrying anti-ICE signs, ringing cowbells and chanting “ICE out of O.C.”

As cars sped past them on Main Street, many motorists honked in a show of solidarity, while some rolled down their windows to shout their support for ICE, MAGA and President Trump.

“The reason why I’m here is democracy,” said Mary Artesani, a 69-year-old Costa Mesa resident carrying a sign that read “RESIST.” “They have to remember he won’t be in office forever.”

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A car with a MAGA hat on the dashboard passes an "ICE Out" protest.

Participants in the “ICE Out” protest in Huntington Beach hold signs as a car with a MAGA hat in the windshield passes.

(Kayla Bartkowski / Los Angeles Times)

The Trump administration has largely stood behind the ICE agent, identified as Jonathan Ross, with Homeland Security Secretary Kristi Noem saying he acted in self-defense. Democratic officials and many members of the public have said the videos of the shooting circulating on social media appear to contradict at least some of the administration’s assertions.

“I’m outraged a woman was murdered by our government and our government lied to our faces about it,” said protester Tony Zarkades, 60, who has lived in the Huntington Beach area for nearly 30 years. A former officer in the Marines, Zarkades said he is thinking of moving to Orange to escape the presence of so many Trump supporters in Huntington Beach.

Large protests against ICE occurred in the Bay Area as well as Sacramento and other California cities over the weekend. In Oakland, hundreds demonstrated peacefully on Sunday, although the night before, protesters assembled at the Ronald V. Dellums Federal Building and left graffiti, according to a report in the San Francisco Chronicle.

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In Los Angeles on Saturday night, protesters marched through the downtown area to City Hall and past the Edward Roybal Federal Building, with the L.A. Police Department issuing a dispersal order at about 6:30 p.m., according to City News Service.

While many of the protests focused on what happened to Good in Minnesota, they also recognized Keith Porter Jr., a man killed by an off-dutyICE agent in Northridge on New Year’s Eve.

In Huntington Beach, the coastal community has long had a reputation as a Southern California stronghold for Republicans, though its politics have recently been shifting. Orange County has a painful legacy of political extremism, including neo-Nazism. In 2021, a “White Lives Matter” rally in the area ended in 12 arrests.

On Sunday, a small group of about 30 counterprotesters waved Trump and MAGA flags on a corner opposite from the anti-ICE rally.

A handful of people hold American flags and signs.

Counterprotester Victoria Cooper, 72, holds signs and shouts at participants of the “ICE Out” protest in Huntington Beach.

(Kayla Bartkowski / Los Angeles Times)

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“We’re here to support our country and president and support ICE,” said Kelly Johnson, who gave his age as “old enough to be your sugar daddy.”

Wearing an “ICE Immigration: Making America Safe Again” T-shirt, Kelly said the protesters were “paid agitators” who had been lied to by the media.

“Look at the other angles of the [shooting] videos,” he said. “She ran over the officer.”

Standing with him was Jesse Huizar, 66, who said he identifies as a “Latino for Trump” and was here to “support the blue.”

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The Chino resident said he came to the U.S. from Mexico when he was 5, but that he has no fear of ICE because he “came here legally.”

Huizar said Good’s death was sad, but that she “if she had complied, if she got out of her car and followed orders, she’d be alive right now.”

But their voices were largely overpowered by those of the anti-ICE protesters. One of the event’s organizers, 52-year-old Huntington Beach resident Denise G., who declined to give her last name, said they’ve been gathering in front of City Hall every Sunday since March, but that this was by far one of the largest turnouts they have seen.

She felt “devastated, angry, and more determined than ever” when she saw the video of Good’s shooting, she said.

A man in an "ICE Immigration: Make America Safe Again" shirt stands across from protesters.

Counterprotester Kelly Johnson stands across from the “ICE Out” demonstration.

(Kayla Bartkowski / Los Angeles Times)

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“It could be any one of us,” she said. “The people not out here today need to understand this could be their family member, their spouse, their children. The time is now. All hands on deck.”

Nearby, 27-year-old Yvonne Gonzales had gathered with about 10 of her friends. They said they were motivated to come because they were outraged by the shooting.

“I wish I was surprised by it,” Gonzales said, “but we’ve seen so much violence from ICE.”

She suspected that race was a factor in the outpouring of support, noting that Good was a white woman while many others who have been injured or killed by immigration enforcement actions have been people of color, but that it was still “great to see this turnout and visibility.”

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A few feet away, 41-year-old Christie Martinez stood with her children, Elliott, 9, and Kane, 6. She teared up thinking about the shooting and the recent ICE actions in California, including the killing of Porter.

“It’s sad and sickening,” said Martinez, who lives in Westminster. “It makes me really sad how people are targeted because of their skin color.”

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Video: Fed Chair Responds to Inquiry on Building Renovations

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Video: Fed Chair Responds to Inquiry on Building Renovations

new video loaded: Fed Chair Responds to Inquiry on Building Renovations

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Fed Chair Responds to Inquiry on Building Renovations

Federal prosecutors opened an investigation into whether Jerome H. Powell, the Federal Reserve chair, lied to Congress about the scope of renovations of the central bank’s buildings. He called the probe “unprecedented” in a rare video message.

“Good evening. This new threat is not about my testimony last June or about the renovation of the Federal Reserve buildings. This is about whether the Fed will be able to continue to set interest rates based on evidence and economic conditions, or whether instead, monetary policy will be directed by political pressure or intimidation.” “Well, thank you very much. We’re looking at the construction. Thank you.”

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Federal prosecutors opened an investigation into whether Jerome H. Powell, the Federal Reserve chair, lied to Congress about the scope of renovations of the central bank’s buildings. He called the probe “unprecedented” in a rare video message.

By Nailah Morgan

January 12, 2026

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