Christian Smith
Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) asked Justice Samuel Alito to recuse himself from all cases related to the 2020 election and January 6, 2021, after it was reported that an American flag from upside down was flown outside his home in the days surrounding the attack.
According to The New York Times, an inverted version of the flag was flown outside the Alitos’ home in Alexandria, Virginia, on January 17, 2021, and potentially for several days during that time. The Justice said in a statement that he “has no involvement in the raising of the flag” and said his wife, Martha-Ann, hung the flag as part of a dispute with neighbors.
However, the news comes as the court prepares to rule on two important cases related to January 6, including whether former President Trump has immunity from prosecution. Durbin said Alito should step back in these cases and play no role in these decisions.
“Flying an American flag upside down – a symbol of the so-called ‘Stop the Steal’ movement – clearly creates the appearance of prejudice,” Durbin said.
“Judge Alito should immediately recuse himself from cases related to the 2020 election and the January 6 insurrection, including the issue of the former president’s immunity in US v. Donald Trump, which the Supreme Court is currently considering,” he added.
“The Court is in an ethical crisis of its own making, and Justice Alito and the rest of the Court should be doing everything in their power to regain the public’s trust,” Durbin continued, saying this is another reason to Congress passes legislation to create a code of conduct for judges. “Supreme Court justices must be held to the highest ethical standards, not the lowest.”
The inverted flag has long been known as an SOS signal, but it has been increasingly used in the political world in recent years, especially on the right following Trump’s defeat, and has gained traction among his supporters as a symbol to “stop the to steal.”
The Supreme Court code of ethics states that judges should not make political statements in order to preserve their impartiality in matters that come before the court.
Alito is not the only judge who has faced questions about whether he should intervene in cases related to January 6. Justice Clarence Thomas faced calls to recuse himself because of his wife, Virginia, and her involvement in the effort to overturn the 2020 election results, but he refused to do so.
This is also the latest in a long back-and-forth between Alito and Durbin, the Senate’s No. 2 Democrat, who has sought to institute a new code of ethics for judges following revelations of several cases in which some, led by Thomas and Alito, received lavish gifts and vacations , among other things, from wealthy donors and benefactors.
The court strongly rejected this possibility, saying that Congress does not have standing to implement rules on judges.
