In a recent development, Senator Dick Durbin, the chairman of the Senate Judiciary Committee, has called on Supreme Court Justice Samuel Alito to recuse himself from any cases related to the 2020 election. This call comes after a photograph of an upside-down American flag flying at Justice Alito's home in January 2021 was published in The New York Times.

Sen. Durbin, a Democrat from Illinois, expressed his concerns about the flag display, stating that it created an appearance of bias. The upside-down American flag has been associated with the "Stop the Steal" movement, which promotes false claims that Joe Biden stole the election. Since the January 6th Capitol riots, individuals protesting Biden's victory have used this symbol as an expression of their grievances.

Durbin specifically urged Justice Alito to recuse himself from cases related to the 2020 election as well as the Jan. 6 riot, including U.S. v. Donald Trump. In this case, Trump argues that he is protected from criminal prosecution by "absolute immunity" for official acts conducted while in office.

Durbin further highlighted the need for the Supreme Court to regain public trust, asserting that the Court is currently facing an ethical crisis. The decisions on these cases are expected to be reached in the coming weeks.

Justice Alito's office has not yet responded to a request for comment from ABC News. However, in a statement to The New York Times, Alito confirmed the presence of the flag but claimed no involvement in its display. He explained that his wife, Martha-Ann Alito, had placed the flag in response to a neighbor's allegedly offensive yard signs, which were reported to be anti-Donald Trump.

Legal ethics experts, as cited by The New York Times, believe that the flag display may go against the spirit of the court's ethics code and the recent pledge by Supreme Court justices to avoid any appearance of conflict or political opinion. However, it should be noted that spouses of justices are not bound by the same judicial ethics codes.

The Supreme Court is currently considering two cases pertaining to the Jan. 6 riots, including the issue of whether President Trump bears immunity for his actions during the unrest. These decisions will have significant implications for determining the former president's potential accountability for alleged attempts to overturn the 2020 election results.

James Sample, a judicial ethics expert at Hofstra Law School, expressed concerns about the flag display and its potential impact on the Supreme Court's image. Sample emphasized the need for Congress to impose meaningful ethics enforcement on a Court that has been reluctant to police itself.

Additionally, Sen. Durbin has advocated for the passage of the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act. This proposed legislation would require Supreme Court justices to adopt a binding code of conduct, establish a mechanism for investigating alleged violations, and mandate that justices explain their recusal decisions to the public.

As this controversy unfolds, it remains to be seen how Justice Alito will respond to Durbin's call for recusal and whether the Supreme Court will alter its approach to ethics enforcement in the future.