Supreme Court Justice Samuel Alito Needs to Be Subpoenaed—Legal Analyst

Supreme Court Justice Samuel Alito needs to be subpoenaed by Senate Judiciary Committee Chairman Dick Durbin, legal analyst and emeritus professor of constitutional law at Harvard Law School, Laurence Tribe said on Saturday.

Tribe posted to X, formerly Twitter, and wrote, "Talk is cheap. Chairman Dick Durbin needs to do more than call on Alito to recuse himself from the insurrection cases. Durbin needs to step up and use the subpoena power to demand Alito's appearance and explanation before the Senate Judiciary Committee!"

According to photos obtained by The New York Times in an article posted on Thursday, an upside-down American flag was seen flying in Alito's yard in Alexandria, Virginia, on January 17, 2021. The timing of these photos came days after former President Donald Trump's supporters attacked the U.S. Capitol in Washington, D.C., in protest of the 2020 election results. Trump has falsely and repeatedly claimed that the 2020 election was stolen from him.

In an emailed statement to The Times, Alito wrote, "I had no involvement whatsoever in the flying of the flag," also adding, "It was briefly placed by Mrs. Alito in response to a neighbor's use of objectionable and personally insulting language on yard signs."

An inverted flag is not to be flown unless "as a signal of dire distress in instance of extreme danger to life or property," according to the Associated Press, citing the U.S. Flag Code. Notably, in a sign of protest, Trump supporters have also displayed the upside-down flag.

Durbin, an Illinois Democrat, on Friday issued a statement regarding Alito saying in part, "Flying an upside-down American flag—a symbol of the so-called 'Stop the Steal' movement—clearly creates the appearance of bias. Justice Alito should recuse himself immediately from cases related to the 2020 election and the January 6th insurrection, including the question of the former President's immunity in U.S. v. Donald Trump, which the Supreme Court is currently considering."

In his statement, Durbin also called for the immediate passing of the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act, which would require the Court to adopt an ethics code of conduct.

Newsweek has reached out to the Supreme Court, Laurence Tribe, and Sen. Durbin's office via email on Saturday evening for additional comment.

Meanwhile, House Minority Leader Hakeem Jeffries, a New York Democrat, also took to X on Saturday writing, "The Supreme Court is not above the law. Congress must immediately consider legislation to implement an ethical code of conduct. And make clear that sympathizing with violent insurrection is not acceptable."

Political analyst Craig Agranoff told Newsweek on Saturday, when asked about Tribe's post, "Durbin call for Alito to recuse himself from cases related to the insurrection is a necessary step to uphold judicial impartiality."

Agranoff continued: "However, to truly address concerns and restore public trust, Durbin should use his subpoena power to demand Alito's appearance before the Senate Judiciary Committee for a full explanation. Accountability and transparency are critical in maintaining the integrity of our judicial system."

However, Senator Tom Cotton, an Arkansas Republican, came to the Alitos' defense on Thursday saying on X, "This is the NYT trying to smear Mrs. Alito and incite another mob to try to intimidate justices, harass them at home, or worse. Shameful!"