Senator Dick Durbin (D-Ill.) has called on Supreme Court Justice Samuel Alito to recuse himself from any cases related to the 2020 election, following the revelation of an upside-down American flag flying outside Alito’s house. The flag, which is often used as a symbol of distress or resistance, was reportedly flown outside Alito’s home in the days following the January 6, 2021 attack on the U.S. Capitol by supporters of then-President Donald Trump.
Durbin stated that the display of the upside-down flag creates “the appearance of bias” and that Alito should immediately recuse himself from cases related to the 2020 election and the January 6th insurrection. The outcome of Trump’s federal election interference case, which is currently being considered by the Supreme Court, notably hinges on the court’s determination of his claim of immunity.
Durbin emphasized that the Supreme Court faces an ethical crisis and that Alito and the rest of the Court should strive to regain public trust. He called for the passage of the Supreme Court Ethics, Recusal, and Transparency Act, which would establish a code of conduct for the justices.
Alito has denied any involvement in the display of the upside-down flag, stating that it was his wife’s decision and that it only flew “for a short time.” However, the incident has raised questions about the impartiality of the Supreme Court and the need for stricter ethics rules governing the justices.
The Supreme Court has not yet commented on Durbin’s call for Alito’s recusal. However, the debate over the incident is likely to continue as the Court considers several high-profile cases related to the 2020 election and the January 6th insurrection.
