Key Senate Democrat doesn't plan to probe Justice Alito over upside-down flag

WASHINGTON — Senate Judiciary Committee Chair Dick Durbin, D-Ill., reiterated to reporters Monday that he wants Supreme Court Justice Samuel Alito to recuse himself after The New York Times reported that an upside-down American flag hung outside his home in mid-January 2021.

But Durbin said he doesn’t plan to hold an inquiry.

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

And if Alito refuses to recuse voluntarily?

“There’s no recourse other than impeachment, and we’re not at that point at all,” Durbin said.

Still, other Democrats on the committee said they were alarmed by the situation and wanted to look into it. And Sen. Lindsey Graham of South Carolina, a senior Republican and former chairman of the Judiciary Committee, said the upside-down flag reflected poor judgment by Alito, a conservative member of the court.

“It’s not good judgment to do that,” Graham 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.”

Sen. Mitt Romney, R-Utah, said he hasn’t delved into the Alito matter but added, “Obviously it looks very unfortunate, and we ought to take a good look at it.”

The upside-down flag, long seen as a distress signal, was brandished by some Jan. 6 rioters who stormed the Capitol in response to the fabricated claim that the 2020 election was stolen from President Donald Trump. After the Times article was