- U.S. Supreme Court Justice Samuel Alito faced calls from critics on Friday to step aside from cases related to the 2020 election after a media report that an American flag flew upside-down outside his Virginia home in the days before President Joe Biden's inauguration in January 2021.
Durbin said Alito should recuse from two cases currently pending before the Supreme Court that involve the 2020 election. The Times reported that the upside-down flag flew at Alito's house in Alexandria, Virginia on Jan. 17, 2021, not long after the Jan. 6 riot and days before Biden's Jan. 20 inauguration. Word of the flag's presence filtered back to the court, the newspaper reported.
"Since Justice Alito has indicated that he had nothing to do with the display of the flag, seeking his recusal is fundamentally wrong," Rivkin said. "That Senator Durbin is doing so has nothing to do with ethics and is part of a politically driven, obsessive campaign against conservative justices only, with a lack of any interest in the behavior of liberal justices."
The flag matter raises further questions about the ethical conduct of the justices at a time of increased scrutiny following revelations last year of undisclosed luxury trips and hobnobbing with wealthy benefactors.
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