Video & Multimedia
Related: About this forumHow Justice Clarence Thomas violated federal law by not recusing himself in Lindsey Graham Appeal
Meidas Network Host Ben Meiselas discusses how Clarence Thomas likely violated federal law and the United States Constitution Due Process Clause by not not recusing himself in Lindsey Grahams emergency application to the Supreme Court to avoid testifying before the Fulton County Special Grand Jury. Federal law and the due process clause require recusal where there is an appearance that a Justices spouse has an interest in the outcome of a ruling. - Meidas Touch.
SheltieLover
(57,073 posts)jimfields33
(15,832 posts)FBaggins
(26,748 posts)SCOTUS justices are themselves the only arbiter of whether they need to recuse in a specific scenario... but a temporary stay on an emergency appeal doesn't really present the question. Nor is there a reasonable connection between his spouse and Graham's case just because they both related to the last election. She hasn't been made a party to the lawsuit, nor is there any reason to think that she will be. More relevantly... the case before him isn't even that case... it's the appeal on whether or not Graham can be forced to testify. There's no plausible connection currently that could make her a party to that appeal.
bluestarone
(16,978 posts)Has a SC judge EVER done this before,after a UNANIMOUS decision from any court of appeals?
FBaggins
(26,748 posts)It's just a preliminary step while the parties file responses. After that point, it's the whole court conferring re: whether even to proceed.
My guess is that they won't. Someone cited a case yesterday where RBG did exactly the same thing and yet voted against allowing the case to proceed.
I just have a hard time with this, because of the unanimous appeals court decision.
FBaggins
(26,748 posts)Two of the three on the panel were Trump judges.
Blues Heron
(5,938 posts)But he is a puke so of course he jumped in, giving the appearance of impropriety.
Chainfire
(17,553 posts)We are way past that.
bluestarone
(16,978 posts)Recusal system? Maybe a vote taken by all judges, if one should recuse him,her self? Could congress rule on this?
Irish_Dem
(47,140 posts)Except it doesn't work with people who are psychopaths and have no honor.
Rhiannon12866
(205,552 posts)They are not elected by the people, once appointed they have the job for life.
Irish_Dem
(47,140 posts)There are either no laws to stop them, or the laws in place are meaningless, no one will enforce them.