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DonViejo

(60,536 posts)
Thu Oct 11, 2018, 08:04 AM Oct 2018

Justice 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 Trump’s 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 don’t trust me ... and I validate that concern.’ He’s 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.”

more
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

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Justice Kavanaugh unlikely to heed calls for recusal (Original Post) DonViejo Oct 2018 OP
WELP... UncleTomsEvilBrother Oct 2018 #1
Of Course He Won't. If He's Asked to Recuse, Kavanaugh Will, instead, Dig in His Heels. dlk Oct 2018 #2
Why should he, nobody can make him. Remember Scalia. NT enough Oct 2018 #3
We need to pass a law requiring SCOTUS justice to recuse themselves meow2u3 Oct 2018 #4
kavanaugh is owned Hermit-The-Prog Oct 2018 #5
That's why the dotard nominated him Yo_Mama_Been_Loggin Oct 2018 #6
Did ANYBODY think this immoral motherfucker WOULD recuse himself? BigDemVoter Oct 2018 #7
1. WELP...
Thu Oct 11, 2018, 08:10 AM
Oct 2018

...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

(11,566 posts)
2. Of Course He Won't. If He's Asked to Recuse, Kavanaugh Will, instead, Dig in His Heels.
Thu Oct 11, 2018, 08:18 AM
Oct 2018

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.

meow2u3

(24,764 posts)
4. We need to pass a law requiring SCOTUS justice to recuse themselves
Thu Oct 11, 2018, 10:38 AM
Oct 2018

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.

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