Calls for recusal in upcoming Supreme Court case

Network partner Justice at Stake is highlighting the upcoming Supreme Court case on the Affordable Care Act, and whether justices Clarence Thomas and Elena Kagan should recuse themselves. In a statement, Justice at Stake recommends that the Justices release a public statement explaining their reasons for staying on the case. JAS points out that no party in the case has thus far asked either justice to recuse themselves, and JAS also notes that Justice Antonin Scalia issued a 21 page memo explaining his decision to hear a case involving then Vice-President Dick Cheney, a personal friend of Justice Scalia’s.

Justice at Stake: In Heath Case, Justices Should Detail Thinking on Recusal

The New York Times calls for the Supreme Court to adopt a transparent process for recusal requests. The editorial writers at the Times say that recusal rules do apply to lower courts, and that the failure to adopt such rules undermines the court’s reputation.

New York Times: The Supreme Court’s Recusal Problem