I was a law clerk for Justice Alito. He must recuse himself from hearing cases involving Donald Trump.

As a former law clerk to Justice Samuel A. Alito Jr., I often admired him as a person for his integrity and honesty. As a progressive liberal, however, I vehemently disagreed with the approach he takes to reading the Constitution, the narrow interpretation he adopts, and his reverence for the framers’ restrictive intent.

Over the years, I became increasingly distressed with the results of his decisions. And then came Dobbs.

By striking down the rights of women to choose whether to terminate a pregnancy, the decision last year in Dobbs v. Jackson Women’s Health Organization, which he wrote, eviscerated women’s fundamental right to self-determination. Dobbs is not just about abortion; it is about setting the clock back and undermining the core protections enshrined within the Constitution of liberty, equality, and access to justice.

And then came the flag.

Flying the American flag upside down, formerly a signal of distress, is now understood to unequivocally telegraph support for those who have co-opted and corrupted its original intent. It has become the symbol of those who attacked the U.S. Capitol in a violent insurrection on Jan. 6, 2021, who challenged — and continue to deny — the legitimate results of the 2020 presidential election. It is the emblem for the “Stop the Steal” Trump factions, the symbol now held hostage by those who attacked our democracy at its very core.

The New York Times reported earlier this month that Justice Alito flew an upside-down flag at his home in Fairfax, Va., and another controversial flag at his beach house on Long Beach Island — acts that are widely accepted as an abhorrent affront to anyone who respects our constitutional democracy. So, when that flag is flown upside down by a member of the nation’s highest court, it is indeed a distress call.

The U.S. Supreme Court is currently deciding whether a president’s actions while in office are absolutely immune from criminal prosecution, irrespective of whether they concern the legitimate business of the office. Donald Trump has been indicted in state and federal courts in Washington, D.C., Florida, Georgia, and New York, alleging fraud as well as crimes in connection with the Jan. 6 insurrection, the mishandling of classified documents, election interference, and more.

If the Supreme Court decides that he has blanket immunity — a decision expected any day now — these criminal charges, and any others, disappear. This means a president could commit serious crimes while in office, having nothing to do with the legitimate function of government, without facing any consequences. A president could theoretically hire an assassin to kill a competitor with impunity.

Justice Alito must recuse himself from having any role in the decision of these cases.

Federal law requires a justice, judge, or magistrate to disqualify themself in proceedings in which their “impartiality may reasonably be questioned.” Judges routinely recuse themselves from cases where the mere hinted appearance of impropriety is enough to warrant stepping away from a case.

Flying the flag, upside down, at your home is more than a hint of political impropriety — it irrefutably calls into question impartiality and bias toward the former president. It is a tangible demonstration of support for those who continue to assert that the election was stolen from him. It is the chosen insignia of those who tried to hijack the election by attacking the Capitol on Jan. 6 and gut the very constitutional democracy that established the Supreme Court.

The flag flying over Justice Alito’s home casts a shadow over his ability to be impartial.

This is not the first time the “Stop the Steal” specter has arisen at the court. Revelations and allegations about Justice Clarence Thomas’ wife’s communications with White House Chief of Staff Mark Meadows, allegedly supporting the disruption of the results of the November 2020 election, raised the appearance of political impropriety. So, too, does the flag flying over Justice Alito’s home cast a shadow over his ability to be impartial.

It is precisely to guarantee independence from political pressure that Supreme Court justices (and all federal judges) serve for life. They do not need to run for reelection, nor curry favor with politicians to ensure their reappointment. But this same guarantee of political independence engenders a lack of meaningful oversight, creating an opportunity to make decisions based on personal, political persuasions.

Moreover, with a majority of Supreme Court justices largely understood to have a conservative agenda, much of which aligns with a Republican platform, the fear that civil rights are in jeopardy is tangible. Now more than ever, there is no place for politics on the court.

Justice Alito may or may not be biased in favor of the former president, but the flag flying upside down at his home in the past unequivocally telegraphs reasonable questions about his impartiality in cases involving Trump. These questions, separate and apart from the crisis in confidence that such conduct may raise for the court, mandate Justice Alito’s recusal from these cases.

The gravity of the implications of Justice Alito’s refusal to recuse himself from these decisions cannot be understated. At stake is not only the independence of the court itself, but also its credibility, and its role as a protector of our constitutional democracy.

Susan Sullivan is a professor in the political science department at Temple University and served as a law clerk to Justice Samuel A. Alito Jr. on the Third Circuit Court of Appeals.