Liberal judge reprimanded for criticizing Supreme Court justice Samuel Alito

By 
 December 20, 2024

A liberal federal judge has been reprimanded for publishing an inappropriate, partisan screed attacking Supreme Court Justice Samuel Alito.

As Democrats fanned outrage against Alito over flags he flew at his home, Judge Michael Ponsor wrote an essay in the New York Times calling Alito's conduct "improper" and "dumb."

At the time, Alito faced pressure from elected Democrats to recuse himself from the January 6th cases. They argued that Alito could not rule impartially because he flew an upside-down flag and an "Appeal to Heaven" flag.

Although both symbols go far back in American tradition, they were displayed by some rioters at the Capitol on January 6, 2021.

Liberal judge reprimanded

Alito, a reliably conservative jurist, has become a favorite punching bag of the left. He authored the opinion repealing Roe v. Wade in 2022 and also has faced criticism for his ties to wealthy conservative donors.

In a shocking rebuke of a fellow federal judge, Ponsor, a Clinton appointee in Springfield, Massachusetts, accused Alito of damaging trust in the court system in a May essay.

“Courts work because people trust judges. Taking sides in this way erodes that trust,” Ponsor wrote.

“You just don’t do that sort of thing, whether it may be considered over the line, or just edging up to the margin. Flying those flags was tantamount to sticking a ‘Stop the Steal’ bumper sticker on your car. You just don’t do it.”

While Ponsor may have felt it was okay to criticize another judge so brazenly, the Fourth Circuit Judicial Council made it clear this week that federal judges are held to higher standards than liberal journalists.

Public apology

After a complaint from the conservative Article III project, Chief Judge Albert Diaz of the Fourth Circuit found that Ponsor violated ethical rules. Diaz, an Obama appointee, ordered Ponsor to give Alito an apology.

“With the benefit of an objective perspective, I realize now that my criticism of the ethical judgement of a Supreme Court Justice might have had the effect of undermining the public’s confidence in the integrity of the judicial system,” Ponsor said.

"For these violations of the Code, unintentional at the time but clear in retrospect, I offer my unreserved apology and my commitment to scrupulously avoid any such transgression in the future,” Ponsor said.

Diaz criticized the political "undertones" of Ponsor's essay, which came as Democrats demanded Alito's recusal from the January 6th cases.

The political context could lead a reasonable person to believe Ponsor was calling for Alito to step aside, Diaz said, adding that Ponsor's commentary undermined confidence in the courts.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson