WASHINGTON (NEXSTAR) – Conservative groups are backing up Supreme Court Justice Samuel Alito. The justice is refusing to recuse himself from January 6th related cases after two controversial flags seen at the Capitol riot were spotted at two of his properties.
“There is nothing to suggest Justice Alito cannot be impartial,” said Thomas Jipping, a senior legal analyst at the Heritage Foundation.
Jipping says Democrats have no proof the flags are directly tied to January 6th protestors and are aiming to “manipulate” the court in their favor.
“If these flags were made for January 6th or if they said Trump on them or something it might be different, but both of these flags have a very long history and a generally recognized meaning,” said Jipping.
Democrats, led by Sen. Dick Durbin (D-Ill.), argue the incident raises reasonable questions about bias and fairness at the Supreme Court.
In response to Alito’s refusal to recuse himself, Durbin is promising to investigate the flags and push for a new enforceable code of ethics for justices.
“Justice Alito’s response clearly demonstrates why the Supreme Court needs an enforceable code of conduct,” said Durbin.
The White House is not weighing in on the matter directly, but Tuesday suggested flying an upside-down American flag is inappropriate.
“The American flag, it should be held sacred. The rest is up to Congress and the court to decide,” said White House Press Secretary Karine Jean-Pierre.
Justice Alito blames his wife for the flags and told senators he was unaware of the flags until it was brought to his attention.
After consulting with the court’s current ethics code, he wrote “I am confident that a reasonable person who is not motivated by political or ideological considerations or a desire to affect the outcome of Supreme Court cases would conclude that the events … do not meet the applicable standard for recusal….I am therefore required to reject your request.”
Thursday, Chief Justice John Roberts declined an invitation from senators to discuss the controversy.
