Democrats Criticize Justice Barrett for Declining to Recuse from Case of Koch-Funded Group that Spen

[Calista241]

18. A few times, though there are some obvious failures to recuse.

Clarence Thomas recused himself from United States v Virginia because his son attended VMI. The male only attendance policy at VMI was later struck down by the Court 7-1.

Scalia recused himself from Elk Grove Unified School District v Newdow. Scalia had disagreed with the 9th circuit's decision publicly in a speech. The Court later unanimously (8-0) overturned the 9th Circuit by claiming Newdow lacked standing.

Failures to recuse:
Both Alito and Breyer failed to recuse themselves for Feng v Komenda. Breyer owned $250k and Alito owned $50k worth of United Technologies stock, the company which acquired Rockwell Collins which was a party to the case.

Scalia did had 2 obvious conflicts which he failed to recuse for. Hamdan v Rumsfeld, and Cheney v District of Columbia. Judge Gilbert Merrit, on the 6th circuit, wrote that Scalia should have recused himself from Bush v Gore, since Scalia's sons worked with law firms that supported the Bush campaign, though not directly with the challenge in Bush v Gore. Gilbert's claims were fought by Republicans as Gilbert was highly regarded as a potential SCOTUS nominee by the Gore administration if the election had gone the other way.

Thomas did not recuse himself from ACA related cases even though his wife lobbied against the bill.