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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJustice Kavanaugh unlikely to heed calls for recusal
OCTOBER 11, 2018 / 6:10 AM / UPDATED 2 HOURS AGO
Lawrence Hurley
6 MIN READ
WASHINGTON (Reuters) - Justice Brett Kavanaugh is unlikely to heed calls by critics to step aside from certain politically charged U.S. Supreme Court cases in which his fairness and independence might be questioned after a divisive confirmation fight, according to legal experts.
U.S. law requires justices to step aside when there is a conflict of interest or genuine question of bias, but it leaves the recusal decision in the hands of the individual justices.
Kavanaugh, Republican President Donald Trumps conservative nominee who was confirmed by the Senate on Saturday to a lifetime job as one of the nine justices, took part in his first arguments in Supreme Court cases on Tuesday and Wednesday. [nL2N1WM046]
Supreme Court justices rarely recuse, University of Michigan Law School professor Richard Primus said. For Kavanaugh to recuse would be for him to say, Yes, I understand you dont trust me ... and I validate that concern. Hes not going to say that.
Federal law requires a justice to disqualify himself from deciding cases in which his impartiality might reasonably be questioned. In a 2011 report, conservative Chief Justice John Roberts said he had complete confidence in the capability of my colleagues to determine when recusal is warranted.
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https://www.reuters.com/article/us-usa-court-kavanaugh-recusal/justice-kavanaugh-unlikely-to-heed-calls-for-recusal-idUSKCN1ML18S?feedType=RSS&feedName=politicsNews&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Reuters%2FPoliticsNews+%28Reuters+Politics+News%29
UncleTomsEvilBrother
(945 posts)...Merrick Garland recused himself from the ethics case involving Kavanaugh.
Kevanaugh gets a right to shape law, while Garland and DEMS take the high road.
I'm so sorry, but I'd rather not be on the high road sometimes.
dlk
(11,580 posts)Kavenaugh made his MO very clear during the confirmation hearings. Should any litigant before him foolish request a recusal, they will be the unfortunate recipients of his vengeance. He is too emotionally unstable to be on the Court but Republicans don't care, as long as he rules in their favor.
enough
(13,264 posts)meow2u3
(24,774 posts)This way, they won't be able to hear cases where they have a conflict of interest. If a SCOTUS justice refuses to recuse him or herself, the vote won't count.
Hermit-The-Prog
(33,484 posts)See Senator Sheldon Whitehouse's floor speech about Kavanaugh's history. Look for the nice pie charts -- 91%.
https://www.democraticunderground.com/100211255432