On Friday, the chair of the Senate Judiciary Committee called for Supreme Court Justice Samuel Alito to step aside from cases related to the 2020 election, including former President Donald Trump’s immunity from criminal prosecution. The call came after reports emerged about an upside-down U.S. flag being flown outside Alito’s home following the election.

Senator Dick Durbin raised ethical concerns about the court following a New York Times report that the flag, a symbol associated with the “Stop the Steal” movement, was displayed in such a manner outside Alito’s Virginia residence.

“Displaying an upside-down American flag a clear symbol of the ”˜Stop the Steal’ movement undoubtedly creates an appearance of bias,” stated Durbin, the Illinois Democrat and head of the Judiciary Committee.

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Durbin insisted that Justice Alito should recuse himself from any cases related to the 2020 election and the January 6th insurrection, particularly those concerning former President Trump’s immunity in U.S. v. Donald Trump, a case currently under the Supreme Court’s consideration.

“The Court is facing an ethical crisis of its own making. Justice Alito and the rest of the Court must take all necessary steps to restore public trust,” Durbin asserted.

Justice Alito responded to the Times, explaining that his wife had hung the flag upside-down after an altercation with a neighbor post-election, during which Trump falsely claimed victory.

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Trump supporters had widely used the upside-down flag as a protest symbol after the 2020 election.

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“I had no involvement in the flying of the flag,” Alito clarified in an email to the Times. “It was briefly displayed by Mrs. Alito in reaction to a neighbor’s offensive and personally insulting yard signs.”

The Supreme Court is expected to soon deliver a ruling on Trump’s assertion that he is immune from prosecution in a federal case in Washington, D.C., where he faces charges related to his efforts to overturn President Joe Biden’s 2020 victory.

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