Senate Judiciary Committee Chairman Dick Durbin has called on Supreme Court Justice Samuel Alito to recuse himself from any cases related to the 2020 election following the revelation that an upside-down flag was flown at his home after the Capitol riot on Jan. 6, 2021. Durbin believes that the flag, a symbol of the “Stop the Steal” movement, creates the appearance of bias, and therefore Alito should remove himself from cases related to the election and the insurrection, including the case of former President Trump’s immunity. The outcome of Trump’s federal election interference case depends on the Supreme Court’s decision about his claim of immunity, and Durbin argues that the Court is in an ethical crisis that Alito and his colleagues should address to regain public trust.
Durbin suggests that Congress should establish a code of conduct for the Supreme Court and urges his colleagues to support the passage of the Supreme Court Ethics, Recusal, and Transparency Act. He believes that Supreme Court justices should be held to the highest ethical standards to maintain the public’s confidence in the judicial system. The request for Alito to recuse himself comes in the wake of the revelation that an upside-down American flag was flown at his home following the events of Jan. 6, a symbol that some used to express resistance to the results of the 2020 election. While Durbin has called for action, Senator Lindsey Graham, the Ranking Member of the Senate Judiciary Committee, did not provide a comment on the matter.
In response to the controversy, Alito explained to Fox News that the upside-down flag was hung at his home as a response to a neighborhood dispute. The disagreement began after a resident placed a profane anti-Trump sign near a school bus stop, and when Alito’s wife confronted the neighbor, the situation escalated. The neighbor then blamed Alito’s wife personally for the events of Jan. 6 and called her names, prompting her to hang the flag as a statement against the neighbor’s actions. Alito stated that he did not intervene to stop his wife from displaying the flag, and characterized their neighbors as being very political and involved in the dispute.
In light of the situation, Durbin and others have called for Alito to recuse himself from cases related to the 2020 election and the January 6th insurrection, citing the appearance of bias created by the upside-down flag. Durbin is concerned about the ethical crisis within the Supreme Court and believes that Alito and his colleagues should take steps to regain public trust. The controversy surrounding the flag incident underscores the need for a code of conduct for the Supreme Court and adherence to the highest ethical standards. The request for recusal comes as the Supreme Court is considering important cases, including the question of former President Trump’s immunity in federal election interference. The response from Alito and the Supreme Court to these calls for recusal remains unclear.
