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Sat Oct 17, 2020, 04:15 PM

A 2009 Supreme Court ruling may require Barrett to recuse herself from 2020 election cases

Opinion by J. Michael Luttig
Oct. 17, 2020 at 3:53 p.m. CDT

J. Michael Luttig served as a judge on the U.S. Court of Appeals for the 4th Circuit from 1991 to 2006.

It is a foregone conclusion that Amy Coney Barrett will be seated on the Supreme Court before the Nov. 3 presidential election. As soon as her first day, Justice Barrett may face the most momentous and difficult decision of her promised tenure of decades: whether to recuse herself from cases that could determine the outcome of that presidential election.

At her confirmation hearings this past week, Barrett rightly deflected Democratic senators’ demands that she commit in advance to recusal, wisely promising instead to seriously consider the question should it arise. Barrett herself almost certainly does not know whether recusal is required and will not know until she is actually confronted with the question.

But as Barrett must already understand, her decision was made exponentially more difficult by Caperton v. A.T. Massey Coal Co., an inartful and mischievous 5-to-4 case decided over a decade ago by the court she will soon join. The ruling would seem to apply squarely to Barrett’s recusal decision and could well require, or at least counsel, her recusal.

Caperton involved a litigant who spent $3 million to help elect a West Virginia Supreme Court of Appeals justice, who then voted to reverse a $50 million damage award against his benefactor. The U.S. Supreme Court found that the judge should have recused himself. Writing for the majority, Justice Anthony M. Kennedy said that recusal may be constitutionally required even where a judge is not actually biased, if there is a “serious risk of actual bias.”

More:
https://www.washingtonpost.com/opinions/2020/10/17/amy-coney-barrett-recuse-2020-election-cases-caperton-v-massey-coal-co/?utm_source=rss&utm_medium=referral&utm_campaign=wp_opinions

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Reply A 2009 Supreme Court ruling may require Barrett to recuse herself from 2020 election cases (Original post)
Judi Lynn Oct 17 OP
50 Shades Of Blue Oct 17 #1
empedocles Oct 17 #2
FM123 Oct 17 #3
PoliticAverse Oct 17 #4

Response to Judi Lynn (Original post)

Sat Oct 17, 2020, 04:20 PM

1. That was then...

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Response to Judi Lynn (Original post)

Sat Oct 17, 2020, 04:21 PM

2. trump will demand that barrett ignore the precedent - she may well comply w trump

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Response to Judi Lynn (Original post)

Sat Oct 17, 2020, 04:28 PM

3. She probably knew this was going to be the case used against her when she said

the other day that she doesn't believe that justices have to adhere to precedent if they believe that a case was wrongly decided.

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Response to Judi Lynn (Original post)

Sat Oct 17, 2020, 04:29 PM

4. Nope, sorry. If that were true any Supreme Court judge appointed by a President would have to recuse

themself in any case involving the President that appointed them.

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