Chairman of the Senate Judiciary Committee, Dick Durbin, along with others, have urged Supreme Court Justice Samuel Alito to recuse himself from cases related to the 2020 election due to controversy over an upside-down U.S. flag that was displayed outside Alito’s home after the January 6, 2021, riot at the U.S. Capitol. The New York Times reported on a photo showing the flag displayed in this manner at Alito’s Virginia home on January 17, 2021, just days before President Joe Biden was scheduled to be sworn into office. This has raised ethical concerns about bias within the Supreme Court.
An upside-down American flag is seen as a symbol of the “Stop the Steal” movement, often used by Trump supporters who claimed he won the 2020 election. The U.S. Flag Code states that the flag should only be displayed in this manner as a signal of dire distress. Durbin believes that the display of the flag creates an appearance of bias and is calling for Alito to recuse himself from cases related to the 2020 election and the January 6th insurrection, including the issue of former President Donald Trump’s immunity from prosecution.
The Supreme Court is currently considering Trump’s claim of presidential immunity from prosecution in a federal case in Washington, D.C., regarding his efforts to overturn Biden’s electoral victory. Alito and the other justices heard oral arguments in this case in late April. Durbin believes the court is facing an ethical crisis and that Alito should recuse himself to help regain public trust. White House press secretary Karine Jean-Pierre emphasized that the American flag is sacred and deserving of respect but stated that the conduct of recusal is up to the court to decide.
The group Citizens for Responsibility and Ethics in Washington has raised concerns about Alito’s objectivity in a recent Supreme Court decision that overturned a Colorado ruling barring Trump from the state’s election ballot due to his role in inciting the Capitol riot. The hanging of the flag at the Alito home has led to questions about the justice’s impartiality. Alito has stated that he had no involvement in the placement of the flag and that it was in response to a neighbor’s use of insulting language on yard signs.
Alito explained that his wife, Martha-Ann Alito, hung the flag upside-down after a confrontation with a neighbor who had posted a negative sign about Trump close to where children wait for the school bus. The neighbor placed a sign targeting Mrs. Alito, blaming her for the January 6th attacks, leading to a heated exchange with Alito’s wife. Alito acknowledged that his neighborhood was very political at the time and that the situation was intense. The Supreme Court has not yet commented on the situation.
