Justice Alito would be disqualified from January 6 cases if he were on a lower court but SCOTUS's rules are 'merely performative,' expert says

• Justice Samuel Alito has faced criticism for displaying pro-Trump flags at his properties.
• The incidents would disqualify him from Jan. 6 cases in a lower court, but SCOTUS rules are more lenient.
• SCOTUS's code of ethics is "merely performative," a legal ethics professor told BI. 

Supreme Court Justice Samuel Alito has been under fire for displaying pro-Trump flags outside his properties.

The flags would have disqualified him from working on January 6 cases if he were on a lower court because SCOTUS's rules are "merely performative," a legal ethics professor told Business Insider.