Tuesday, March 4, 2008

Avoiding Recusal-Based Ties at USSC

In light of yesterday's per curiam decision in Kent, Howard Bashman's "On Appeal" column at law.com should be of interest.    Bashman discusses recusal-based ties at the Supreme Court, and proposes allowing federal circuit judges to sit by designation in cases where a Supreme Court Justice recuses. 

- SBS

http://lawprofessors.typepad.com/tortsprof/2008/03/avoiding-recusa.html

Current Affairs | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00e550abfdfd8834

Listed below are links to weblogs that reference Avoiding Recusal-Based Ties at USSC :

Comments

Congress should make the number of SC Justices an even number, preferably a far higher one. 5-4 decisions hurt the credibility of the Court. Ties will make the Court more conservative, in the sense of enhancing stare decisis.

Posted by: Supremacy Claus | Mar 9, 2008 10:16:08 PM

Post a comment