Sen. Durbin confirms no inquiry for Justice Alito regarding upside-down flag situation

 May 22, 2024

U.S. Supreme Court Justice Samuel Alito made headlines recently after a New York Times report claimed that he flew an upside-down American flag at his house in mid-January 2021. 

The report prompted mostly Democrat and some Republican senators to call for Alito's recusal regarding any election-related or Jan. 6-related cases.

Senate Judiciary Committee Chair Dick Durbin (D-IL) was the highest-ranking senator to call for his recusal, but apparently he's not too concerned with the situation.

According to NBC News, Durbin said recently that while he still believes Alito should recuse himself from such cases, he's not willing to hold an inquiry.

What's happening?

Durbin explained to reporters Monday that it's worth pursuing an inquiry regarding Alito's unwillingness to recuse himself from such cases, if that ends up being the case.

"No, we haven’t got anything planned. I think he’s explained his situation. The American public understand what he did," Durbin said.

He added, "But I don’t think there’s much to be gained with a hearing at this point. I think he should recuse himself from cases involving Trump and his administration."

Durbin was asked what could happen next if Alito doesn't recuse himself and no inquiry is held.

"There’s no recourse other than impeachment, and we’re not at that point at all," Durbin told reporters.

Other senators react

Sen. Lindsey Graham (R-SC) was one of the Republicans who weren't thrilled at the optics created by Alito flying the upside-down flag at his house at that particular time.

"It’s not good judgment to do that," the South Carolina Republican told reporters. "I don’t know what role — he said his wife was insulted and got mad. I assume that to be true. But he’s still a Supreme Court justice. And people have to realize that moments like that — to think it through."

Utah Republican Sen. Mitt Romney said, "Obviously it looks very unfortunate, and we ought to take a good look at it."

Only time will tell if Alito ultimately recuses himself from related cases, but as of this writing, there's been no indication that he plans to do so.

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