Document Type
Working Paper
Publication Date
9-23-2004
SSRN Discipline
Legal Scholarship Network; Law School Research Papers - Legal Studies; Litigation, Procedure & Dispute Resolution eJournals; LSN Subject Matter eJournals; Law School Research Papers - Public Law & Legal Theory
Abstract
From Laird v Tatum to Bush v Gore the refusal of some Supreme Court Justices to recuse themselves in controversial cases has caused reactions ranging from confusion to disgust The latest duck hunting recusal controversy and the Courts seemingly callous response to the public outcry seemed to suggest a deliberate indifference to the recusal standard This Article examines the recusal provisions applicable to the Supreme Court Although there is little doubt that Congress drafted the federal recusal statute broadly interesting questions surround recusal in the Supreme Court due to the unique position the Court holds which raises potential separation of powers and enforcement issues The Article concludes that rather than an insistence upon actual recusal a more valuable approach at the Supreme Court level might involve the institution of additional disclosures in the form of statements of interest accompanying participation
Recommended Citation
Debra L. Bassett,
Recusal and the Supreme Court,
(2004).
Available at:
https://scholarship.law.ua.edu/fac_working_papers/184