A Democrat on the House Judiciary Committee introduced a resolution on Tuesday to censure Supreme Court Justice Samuel A. Alito Jr. over the upside-down American flag that flew outside his house.

Rep. Steve Cohen, of Tennessee, says Justice Alito breached judicial ethics when he flew the flag upside down following the Jan. 6, 2021, riot at the U.S. Capitol.

He says the justice engaged publicly in political activity, which is against ethical guidelines. The resolution says Justice Alito should be censured for “knowingly violating the federal recusal statute and binding ethics standards and calling the impartiality of the Supreme Court of the United States into question by continuing to participate in cases in which his prior public conduct could be reasonably interpreted to demonstrate bias.”

The censure resolution also demands that the justice recuse from any case related to the 2020 election.

“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 Jan. 6th insurrectionists. 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,” Mr. Cohen said.

“There must be accountability to protect the integrity and impartiality of the high court. We must protect the constitutional rights to fair and impartial proceedings. Justice Alito should be censured for flagrant breaches of the law and court rules, and he must recuse himself from all other 2020 election and Jan. 6th related litigation,” he added.

It’s the latest call for recusal after Sen. Dick Durbin, the top Democrat on the Senate Judiciary Committee, said the justice must recuse himself from former President Trump’s case for immunity from criminal prosecution over his contest of the 2020 election results.

The New York Times reported last week that Justice Alito flew the American flag upside down at his house, as seen in a Jan. 17 photograph.

The upside-down flag is a symbol of Mr. Trump’s “Stop the Steal” movement in 2020, according to the newspaper.

Justice Alito told the newspaper that he wasn’t responsible for the flag.

“I had no involvement whatsoever in the flying of the flag,” he said. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”

The paper included an image of the flag. The Associated Press also said the report raises concerns about Justice Alito’s impartiality in cases dealing with the Jan. 6 riot.

The high court is weighing two major disputes this term over whether Mr. Trump is immune from charges stemming from his contest of the 2020 election results and also another dispute over an obstruction charge facing hundreds of Jan. 6 defendants, including Mr. Trump.

Those opinions are expected to come by the end of June.

A spokesperson from the high court did not immediately respond to a request for comment. 

• Alex Swoyer can be reached at aswoyer@washingtontimes.com.