Tuesday, October 2, 2018

Check it Out: Tribe on All the Ways a Justice Kavanaugh Would Have to Recuse Himself

Check out Laurence Tribe's piece in the NYT, All the Ways a Justice Kavanaugh Would Have to Recuse Himself. Tribe argues that given Judge Kavanaugh's "intemperate personal attacks on members of the Senate Judiciary Committee, his partisan tirades" last week, and "his stated animosities and observation that 'what goes around comes around,'" he'd have to recuse himself from a whole lot of cases:

Judge Kavanaugh's attacks on identifiable groups--Democrats, liberals, "outside left-wing opposition groups" and those angry "about President Trump and the 2016 election" or seeking "revenge on behalf of the Clintons"--render it inconceivable that he would "administer justice without respect to persons," as a Supreme Court justice must swear to do, when groups like Planned Parenthood, the NRDC Action Fund, the NAACP Legal Defense Fund, NARAL Pro-Choice America or the American Civil Liberties Union appear as parties or file briefs on behalf of plaintiffs and defendants.

 

http://lawprofessors.typepad.com/conlaw/2018/10/check-it-out-tribe-on-all-the-ways-a-justice-kavanaugh-would-have-to-recuse-himself.html

Courts and Judging, News | Permalink

Comments

Or, he may not recuse at all!

Posted by: Tom N. | Oct 3, 2018 2:58:03 AM

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