Senate Democrats Divided On Investigating Alito’s Upside-Down Flag Display

Senate Democrats are split on how to address a recent report showing an upside-down U.S. flag displayed outside Supreme Court Justice Samuel Alito’s Alexandria, Virginia, home two weeks after the Jan. 6, 2021, Capitol protests.

While united in their condemnation of what they perceive as Alito’s failure to maintain impartiality, Democrats disagree on the best course of action.

Some members of the Senate Judiciary Committee, including Sens. Alex Padilla (D-CA), Sheldon Whitehouse (D-RI) and Richard Blumenthal (D-CT), are eager to hold a hearing to investigate Alito. However, their colleague and committee chairman, Sen. Dick Durbin (D-IL), believes there is little to be gained from a hearing at this point.

“I think he should recuse himself from cases involving Trump and his administration,” Durbin said Monday.

Sen. Peter Welch (D-VT), a freshman on the Judiciary Committee, agreed with Durbin stating, “I don’t see a so-called investigation going anywhere. It is what it is.”

Democrats are uniting around calls for Alito to recuse himself from cases related to Jan. 6 citing his seeming connection to the event. A group of 45 House Democrats urged Alito to recuse himself from all Jan. 6 and 2020 election-related cases in a Tuesday letter led by Rep. Hank Johnson (D-GA).