Justice Samuel Alito
(Photo : Erin Schaff-Pool/Getty Images)
Democrats are calling for Supreme Court Justice Samuel Alito to recuse himself from cases involving the 2020 election and Donald Trump's immunity after a report showed him flowing an upside-down flag at his Virginia home.

Republicans are split over Supreme Court justices vocalizing their political opinions, according to a new poll, in the wake of growing controversy surrounding Justice Samuel Alito flying an upside-down flag at his home. 

A YouGov America survey of more than 1700 adult U.S. citizens showed 40% of Republicans think it's unacceptable for justices to express their political views in their personal lives. Similarly, 37% of Republicans surveyed felt it was acceptable, while 23% were unsure.

A majority of Democrats however– 59% – agreed it was unacceptable for justices to voice their political opinions in their personal lives.

 The study was published the same day Alito sent a letter to Congress refusing to recuse himself from cases involving the Jan. 6 riot and the 2020 presidential election after controversial upside down flags were spotted flying at two of his private residences in 2021, CNN reported.

The upside down flag became synonymous with Trump supporters hinting the 2020 election was stolen.

The Supreme Court justice said the incidents did not meet the conditions for recusal and therefore he was "duty-bound" to reject the recusal request.

Alito denied his involvement in flying the flags, instead blaming his wife, Martha-Ann Alito, who he claimed was "greatly distressed" due to a "very nasty neighborhood dispute" in the first incident, according to The New York Times.

"She makes her own decisions, and I have always respected her right to do so," Alito said in his letter to lawmakers, invoking Martha-Ann's First Amendment rights, CNN reported. "My wife is fond of flying flags. I am not."