Election Subversion Has Already Begun

As conservative leaders avoid committing to upholding democracy, “Stop the Steal” flags flown outside Justice Samuel Alito’s homes raise alarm about Supreme Court impartiality.

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It was hardly surprising, given that he did the same thing four years ago, but former President Trump’s refusal to commit to accepting the election results unless “everything’s honest” was a glaring reminder that his and his allies’ efforts to undermine trust in the vote has already started.

Of course, it didn’t really “start”; more accurately, it has continued, just as the election denial movement has for years now been adapting and changing its targets. For instance, the specter of votes being cast by non-citizens — already illegal in federal elections — has become a new conservative talking point, with bills and ballot measures aimed at keeping voters primed to distrust the November results.

And while there have been important steps toward accountability for those who sought to overturn the 2020 results, conservative leaders continue to signal their disdain for accountability, whether by attending Trump’s hush money trial in New York or by refusing themselves to commit to upholding democracy this fall.

This week, Sen. Ron Johnson refused to pledge to accept the results, saying, “We have to see exactly what happens.”
Sen. Marco Rubio also refused to commit; Sen. Ted Cruz said he would “if the election is fair.”
The Washington Post reported that several 2020 fake electors are “poised to serve again,” despite criminal investigations into their actions. “Their eagerness to serve … reflects a widespread belief among Republicans that the electors did nothing wrong in 2020.”

Meanwhile, a new ethics scandal is circling the Supreme Court with news that another Jan. 6–adjacent flag was flown outside a home of Justice Samuel Alito. The flag, the “Appeal to Heaven” flag, was also displayed by Jan. 6 rioters (and according to Rolling Stone, it also was outside the home of conservative judicial activist and Supreme Court architect Leonard Leo in February.)

The New York Times previously reported that in January 2021, days before Biden’s inauguration and during the court’s consideration of a 2020 election case, an upside-down flag — another symbol used by insurrectionists and Trump allies who sought to overturn the results of the 2020 election — flew outside Alito’s home.

The news has raised alarm about impartiality, with experts calling for Alito to recuse himself from cases related to Trump and elections.
There are two pending Supreme Court cases associated with Jan. 6: One concerns Trump’s claims that he is immune from prosecution for his efforts to subvert the election, and the other will decide whether a certain obstruction charge can be used against insurrectionists.
Earlier this year, Alito participated in the court’s ruling that states could not bar Trump from the ballot using the “insurrection clause.”

The Supreme Court adopted its first ethics code last year following reports of undisclosed luxury gifts and trips — particularly those given to Justice Clarence Thomas by billionaire Harlan Crow. The code includes no method for enforcement.

Thomas, whose wife, Ginni Thomas, was involved in efforts to reverse the 2020 election, has faced (and ignored) calls to recuse himself from Jan. 6 cases.
We’ve been investigating Ginni Thomas’ connections and influence in right-wing networks and their potential impact on Justice Thomas’ ethics decisions. Records we’ve obtained have revealed her ties to the Trump administration and evidence of Justice Thomas’ contact with Florida Gov. Ron DeSantis.

On the Records

Records Reveal Thousands of Heat Complaints in Texas Prisons
Documents obtained by American Oversight and reported on by NPR show that people incarcerated in Texas state prisons submitted more than 4,200 individual heat-related complaints between May and October 2023.

NPR’s “All Things Considered” reported on the records, shortly after several advocacy organizations joined a lawsuit against the Texas Department of Criminal Justice arguing that the extreme heat in Texas prisons amounts to cruel and unusual punishment.
The records show that inmates in TDCJ-run prisons filed 4,680 heat-related grievances between May and October 2023 — and highlight the complicated process for filing and elevating grievance complaints in Texas state prisons.

The records also include orientation videos for inmates and prison staff that include details about heat mitigation strategies.

Several interventions suggested in the videos require purchases from the prison commissary, such as electrolyte drinks, sunscreen, and cooling towels.
Fans must also be purchased, but may be provided to inmates who cannot afford them “on a first come, first served basis,” one video states.
Inmates in Texas state prisons are not paid for their labor, a practice that is widely criticized by advocacy groups.

Election Subversion Has Already Begun

On the Records

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Election Denial and Threats to Democracy

Voting Rights

LGBTQ Rights

Abortion and Reproductive Rights

Threats to Education

Civil Rights

Government Transparency and Public Records Law

Immigration

Trump Accountability