Sen Durbin demands Justice Alito recuse from Trump cases after flying upside-down US flag

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Justice Alito claims no involvement in upside-down flag outside house

‘Fox News Sunday’ anchor Shannon Bream reports on the photo of an upside-down American flag flying outside Supreme Court Justice Samuel Alito’s house.

Senate Judiciary Committee Chairman Dick Durbin, D-Ill., called on Supreme Court Justice Samuel Alito to recuse himself from any cases related to the 2020 election on Friday following a revelation that an upside-down flag was flown at his home a week after the Capitol riot on Jan. 6, 2021. 

"Flying an upside-down American flag — a symbol of the so-called ‘Stop the Steal’ movement — clearly creates the appearance of bias," said Durbin in a statement.

"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," he added. 

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Sen. Dick Durbin, D-Ill., right, called on Supreme Court Justice Samuel Alito to recuse himself from cases related to the 2020 election, including the matter of former President Donald Trump's immunity. (Getty Images)

The outcome of former President Trump's federal election interference case notably hinges on what the Supreme Court determines about his claim of immunity. 

Durbin claimed, "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 public trust."

The Illinois senator called the revelation "further proof" that Congress should institute a code of conduct for the Supreme Court. He urged his colleagues to support the passage of the Supreme Court Ethics, Recusal, and Transparency Act. 

"Supreme Court justices should be held to the highest ethical standards, not the lowest," he said. 

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Supreme Court Justice Samuel Alito and his wife Martha-Ann attend a ceremonial swearing-in at the East Room of the White House in Washington, D.C., in February 2006. (Alex Wong/Getty Images)

Fox News Digital reached out to the Supreme Court for comment from Alito but did not immediately receive a response. 

In the days following the Capitol riot in 2021, in which supporters of Trump sought to prevent Congress from certifying the 2020 election, the home of Alito and his wife, Martha-Ann, was seen flying an upside down American flag, The New York Times reported. The positioning of a flag in such a way is understood to symbolize a nation in crisis, and it was adopted by some following the events of Jan. 6 to express resistance to the results of the 2020 election. 

Ranking Member of the Senate Judiciary Committee Lindsey Graham, R-S.C., did not provide comment to Fox News Digital. 

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The Supreme Court is seen in Washington, D.C., on Feb. 28. (AP Photo/Jacquelyn Martin, File)

Alito recounted the situation to Fox News' Shannon Bream, telling her that a neighborhood argument began in January 2021 after one resident put up a "F--- Trump" sign in close proximity to a school bus stop. 

When his wife spoke to the neighbor about the profane sign, the conversation was not productive, he explained. 

According to the justice, the same neighbor then took the disagreement further, placing a sign that attributed blame for the events of Jan. 6 personally to Martha-Ann. 

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Former President Donald Trump headlines a Republican National Committee spring donor retreat in Palm Beach, Florida, on May 4. (Donald Trump 2024 campaign)

Later, during a walk, a resident of the home with the signage started an argument with his wife and called her names, "including the C-word," Alito claimed. 

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He explained that her decision to hang the upside down flag on the property was a response to the evolving feud and that it only flew "for a short time." 

Alito said he didn't believe it was his place to order his wife against doing this and characterized his neighbors as "very political."