Three Democratic lawmakers are pressing Supreme Court Justice Amy Coney Barrett to recuse herself from one of the court’s highest profile cases this term because of her ties to the conservative nonprofit that filed the appeal.
A foundation associated with Americans for Prosperity, which acknowledged spending “seven figures” on advertising to support Barrett during her confirmation battle last fall, has brought a case that will be argued at the nation’s highest court next week challenging a requirement that it disclose major donors to state regulators in California.
In a three-page letter reviewed by USA TODAY, the lawmakers assert the Americans for Prosperity campaign in support of Barrett represents the appearance of a conflict in the pending dispute involving the group’s public charity, the Americans for Prosperity Foundation. Both groups are backed by Republican megadonor Charles Koch.
“Statute, constitutional case law, and common sense all would seem to require your recusal,” wrote Sens. Sheldon Whitehouse, D-R.I., and Richard Blumenthal, D-Conn., both members of the Senate Judiciary Committee, along with Rep. Hank Johnson, D-Ga., a member of the House Judiciary Committee. “At a minimum, there should be a public explanation as to why you think recusal is not required under federal law.”