Progressive legal expert Elie Mystal, in his blistering condemnation of the U.S. Supreme Court's controversial 6-3 immunity ruling in Trump v. the United States, has made a major distinction between "qualified immunity" and "absolute immunity.

He first assigned the case to Alito but took it over himself days after the Times revealed Alito’s wife Martha-Ann hung an upside-down U.S. flag—an emblem of the “Stop the Steal” movement, and propagated by some Jan. 6 rioters—outside his home, according to the Times.