February 09, 2011

Should Justice Thomas Recuse in the Health Case Cases Because of His Wife's Lobbying Activity?

That's the suggestion of some House Democrats. It follows the suggestion of Republican Senator Hatch that Justice Kagan sit out the health care case. And I expect some Republican will call for Justice Ginsburg to recuse on the Virginia attempt to fast-track review of the health care law because of her out of court statements on the propriety of that route of review.

I'm skeptical that in any of these cases these Justices' impartiality could reasonably be questioned, and it seems more accurate to say that partisans are looking for an excuse to knock out of the vote someone likely to vote against their interests.

Posted by Rick Hasen at February 9, 2011 02:50 PM