Technically, yes.Tortoise wrote: ↑Fri Sep 25, 2020 8:02 pmBy that line of reasoning, wouldn't Gorsuch and Kavanaugh also recuse themselves of a Trump vs. Biden case since they were also appointed by Trump?glennds wrote: ↑Fri Sep 25, 2020 7:48 pm Think about this - what if a new Justice was shoehorned onto the Court at warp speed.
Then three weeks later a case arrives called Trump v. Biden over the contested election.
The new Justice promptly recuses herself as she could not possibly be impartial considering one of the parties in the case just finished appointing her to the pinnacle of her legal career and naturally she feels enormous personal indebtedness towards him.
This leaves an 8 member Court, which then ends up deadlocked in the case.
Look, I'm not saying any of this is going to happen. Just illustrating the obvious point that we're in uncharted territory and almost anything can happen. Usually we have history and tradition as a barometer against which to form our expectations. Here, all tradition is out the window, and it's anyone's guess how this will play out. Orderly is not a word that comes to mind.
So yes, Supreme Court justice recusals are unlikely, but only a short few years ago, everything that is happening before our eyes would have seemed unlikely.