Supreme Court Justice Alito's Upside-Down Flag Controversy

Senator Durbin calls for recusal of Justice Alito from election-related cases after an upside-down American flag was flown outside his home, sparking concerns about bias.

In the days following the Capitol riot in 2021, an upside-down American flag was observed flying outside the home of Supreme Court Justice Samuel Alito and his wife, Martha-Ann. For many, this was a disturbing symbol, as the positioning of a flag in such a manner is often interpreted as a sign of a nation in distress.

On Friday, Senator Dick Durbin (D-Ill.) expressed his concern over this incident, calling for Alito's recusal from any cases related to the 2020 election. He stated that "flying an upside-down American flag—a symbol of the so-called 'Stop the Steal' movement—clearly creates the appearance of bias."

Durbin argued that "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."

Justice Alito responded to these allegations in an interview with Fox News' Shannon Bream, explaining that the flag was flown in response to a dispute with a neighbor who had placed a "F--- Trump" sign near a school bus stop. According to Alito, when his wife approached the neighbor to express her concerns, the conversation became heated.

The neighbor allegedly placed a sign blaming Martha-Ann Alito for the Capitol riot, and during a subsequent altercation, verbally abused her. Alito stated that his wife's decision to hang the upside-down flag was a response to this incident, and that it only flew "for a short time."

Senator Dick Durbin has used this incident to highlight the need for a code of conduct for Supreme Court justices. He argued that "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."

This controversy has brought into question the impartiality of Justice Alito and the potential impact of personal beliefs on the Supreme Court's decisions. The outcome of the case regarding former President Trump's election interference allegations could have significant implications, and the public's trust in the Court is crucial for the legitimacy of its rulings.