Senate Judiciary Committee Chairman Richard J. Durbin called on Supreme Court Justice Samuel A. Alito Jr. to recuse himself from all election-related cases — including the pending case over former President Donald Trump’s claim of immunity from prosecution.
The Illinois Democrat said the Bush appointee should recuse himself from any case related to the Jan. 6, 2021, riot at the U.S. Capitol after The New York Times reported that Justice Alito flew the American flag upside down at his house, as seen in a Jan. 17 photograph.
The upside-down flag is a symbol of Mr. Trump’s “Stop the Steal” movement in 2020, according to the newspaper.
“Flying an upside-down American flag — a symbol of the so-called ‘Stop the Steal’ movement — clearly creates the appearance of bias. Justice Alito should recuse himself immediately from cases related to the 2020 election and the January 6th insurrection, including the question of the former President’s immunity in U.S. v. Donald Trump, which the Supreme Court is currently considering,” Mr. Durbin said.
Justice Alito told the newspaper that he wasn’t responsible for the flag.
“I had no involvement whatsoever in the flying of the flag,” he said. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”
The paper included an image of the flag. The Associated Press also said the report raises concerns about Justice Alito’s impartiality in cases dealing with the Jan. 6 riot.
The high court is weighing a case over whether Mr. Trump is immune from charges stemming from his contest of the 2020 election results and also another dispute over an obstruction charge facing hundreds of Jan. 6 defendants.
Those opinions are expected to come by the end of June.
A spokesperson for the Supreme Court did not immediately respond to a request for comment.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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