US Rep. Steve Cohen introduced a resolution to censure Supreme Court Justice Samuel Alito after reports circulated that an upside-down American flag was hung outside his home in the aftermath of the Jan. 6, 2021, attack on the Capitol.
The inverted flag is a symbol of the "Stop the Steal" movement of former President Donald Trump's supporters who falsely claimed that there was widespread fraud in the 2020 presidential election.
Trump has long alleged that the election he lost by more than 7 million votes was "stolen," but he has not presented evidence to back his claim during the past four years.
His allegations have repeatedly been shot down in subsequent court cases.
The New York Times first reported on the inverted flag at Alito's residence, saying in a story last week that it was displayed less than two weeks after the Jan. 6 insurrection.
Alito claimed in a statement to the newspaper that he had no role in displaying the flag, blaming it on his wife who he said, "briefly placed" it there "in response to a neighbor's use of objectionable and personally insulting language on yard signs."
The display has prompted calls from a wide segment of Democrats, for Alito to recuse himself from cases that come before the Court related to Trump's alleged efforts to overturn the results of the 2020 election, and the attack on the Capitol two months later.
Cohen, in a statement, said that by flying the inverted flag at his residence, Alito "publicly engaged in political activity and demonstrated his bias, a breach of judicial ethics, and called into question Supreme Court impartiality.
"Beyond poor judgment, Justice Alito's misuse of the American flag is a knowing and shameless demonstration of his political bias. He literally flew a flag in front of his house showing the world he supported the January 6th insurrectionists," he said Tuesday as he introduced his resolution.
"What's more, he continues to participate in litigation directly related to the 2020 election and the Insurrection, in direct violation of the federal recusal statute and the Supreme Court's own ethics rules," he added.
The resolution is unlikely to advance in the Republican-controlled House of Representatives, but a letter urging Alito to recuse himself from all Jan. 6-related cases gained signatures from 45 Democrats in the chamber on Tuesday.
Senate Republican Whip John Thune told CNN on Tuesday that flying an inverted flag was a “bad decision" for Alito.
“I don't know how you explain that,” said Thune.
Republican Sen. Lindsey Graham also called it a “mistake.”
“It creates a bad image,” Graham told CNN. “It created a situation that we're all talking about. So, yeah, I think it was a mistake.”
