Last year, April Fools» Day brought this classic: Eric Turkewitz's fantasy baseball prank, where Turkewitz wrote about how three Supreme Court
justices recused themselves from review of a case involving Fantasy Baseball because of the justices» personal participation in a rotisserie baseball league.
Both Saugerties town
justices recused themselves, and the case was shifted to Woodstock.
Anyway a 5 - 3 ruling with a generaly conservative
justice recusing himself is fairly solid win.
The next, he's fooling law professors and the legal media with a story about the Supreme Court
Justices recusing themselves from a certiorari matter involving rotisserie baseball to avoid a conflict of interest due to their own participation in the league.
They argued their motion to have the chief
justice recuse himself on Tuesday morning, but it was dismissed.
Not exact matches
«It's clearer than ever now that the attorney general can not, in good faith, oversee an investigation at the Department of
Justice and the FBI of the Trump - Russia connection, and he must
recuse himself immediately,» Franken said.
Importantly, I
recused myself not because of any asserted wrongdoing on my part during the campaign, but because a Department of
Justice regulation, 28 CFR 45.2, required it.
The president also complained about Session's decision to
recuse himself from the Russia investigation, a longtime sticking point for Trump, who felt that his top
Justice Department official should have done more to protect him.
The
Justice Department told Bloomberg in a statement that Sessions will make decisions on
recusing himself from certain parts of the Cohen probe on a «matter - by - matter» basis.
An important caveat is that a new
justice will generally
recuse from any case in which that person previously played a role either as an attorney in a firm or office that was handling the case at the time the
justice was working there, or as a lower court judge.
But now that special counsel Robert Mueller is investigating President Trump for Obstruction of
Justice, there are media reports that Rosenstein is considering
recusing himself as well, since he was involved in the Comey firing which may be part of the investigation.
Due to comments he made during the «highly contentious» presidential campaign, Sessions vowed to
recuse himself from any possible
Justice Department investigations into Hillary Clinton if he's confirmed.
Attorney General Jeff Sessions spoke twice with Russia's ambassador to the U.S. last year — encounters he did not disclose during his confirmation hearings — fueling calls for him to either resign or
recuse himself from a
Justice Department investigation into Russian interference in the 2016 election.
Trump directed his White House counsel to tell Attorney General Jeff Sessions to not
recuse himself from the
Justice Department's investigation into potential ties between Russia and the Trump campaign, according to a person familiar with the matter.
Schopf asked the ethics board to provide a decision on the matter a month ago in light of the
justices» refusal to hear cases represented by Schopf, or to
recuse themselves — which would have sent the cases to another town court.
The case was transferred to Riverhead Town
Justice Court — where Judge Richard Ehlers presided Tuesday — after each of the Southold judges
recused themselves from the case.
The more plausible explanation for
Justice Dotse's absence from the Bench on Thursday is that he either
recused himself or was asked to
recuse himself given his earlier Public Comment on the case.
Because
Justice Sonia Sotomayor
recused herself — she sat on the panel that reviewed the issue in the appeals court — only eight
justices heard the arguments.
In 2013, in a 7 - 1 vote (
Justice Elena Kagan
recused herself), the Supreme Court sent the case back to the lower courts, saying they had failed to adequately determine that UT's use of race as a factor in its admissions was necessary and that the policy was «narrowly tailored.»
Because U.S. Supreme Court
Justice Sonia Sotomayor sat on an appeals court which heard one of the lawsuits, she will likely
recuse herself, leaving the real possibility that the case will receive a 4 - 4 decision.
Actually, make that eight, since
Justice Thurgood Marshall (Danny Glover, «Mandela»)
recused himself because he was the Solicitor General when the case was first appealed to federal court.
The tie occurred because
Justice Anthony Kennedy had
recused himself.
The Supreme Court issued a long - awaited decision yesterday in Fisher v. University of Texas at Austin, a seven - to - one ruling (
Justice Elena Kagan
recused herself because she had worked on the case as U.S. Solicitor General) that sends the affirmative action case back to a lower court for further review.
Since
justices occasionally
recuse themselves, such ties are not unusual (see for instance «Free and Appropriate: Parents Wealth Muddies Special - Education Tuition Case «-RRB-.
Even if Wisconsin's Supreme Court
justices were to suddenly
recuse themselves as they should, we would find the same funding frenzy by busines...
(
Justice Samuel Alito
recused himself because he owns Exxon stock.)
Defendants are special counsel Robert Mueller, the U.S.
Justice Department and Deputy Attorney General Rod Rosenstein, who appointed Mueller after Attorney General Jeff Sessions
recused himself.
The Wisconsin Supreme Court's conservative majority has rejected a petition from a group of retired judges seeking rules requiring judges and
justices to
recuse themselves from cases involving significant donors...
Benjamin and two other
justices were then asked to
recuse themselves due to their relationship with or public criticism of Blankenship.
- Gore - like election litigation, I do not see how
Justice Ginsburg could refuse to
recuse after these sorts of comments.»
In response to the questions that many players have sent, we will mark
Justice Scalia as
recused in all cases not yet decided for this term.
So, to avoid the possibility of a 4 - 4 tie, Bashman proposes legislation or a judicial rulemaking to authorize the U.S. Supreme Court to randomly tap a non-
recused judge from the U.S. Courts of Appeals to replace a
recused Justice in a case in which certiorari has been granted.
First, the Court's order seeking input from the solicitor made public that both Chief
Justice Roberts and Alito have
recused themselves from the case.
Specifically, the League's petition sought to require a judge (or
justice) to
recuse himself or herself when a party to the proceeding, or the lawyer, contributed $ 1,000 to the judge.
§ 757.19 (2) to provide an «objective standard» that requires a judge or
justice to
recuse himself or herself in any proceeding in which «his or her impartiality might reasonably be questioned.»
Justice Stephen Breyer occasionally
recuses himself in insurance cases, because he is financially involved in an insurance syndicate.
For instance, former Supreme Court
Justice William H. Rehnquist used to
recuse himself whenever a case was argued by Arizona attorney James Brosnahan, because Brosnahan was among those who testified against
Justice Rehnquist during Rehnquist's Senate confirmation hearings.
For instance, when Supreme Court
justice Elena Kagan was appointed in 2010, she had to
recuse herself from several cases because she had worked on them in her position as Solicitor General of the United States, which she held immediately before being nominated to the Supreme Court.
«Everything I did, I did consciously and was a choice of language and content and context,» says Rancourt, who defended himself at the trial before eventually boycotting the proceedings after failing to have
Justice Michel Charbonneau
recuse himself.
The standard in the Ohio Supreme Court, its chief
justice, Thomas J. Moyer, said, is to
recuse only if «sitting on the case is going to be perceived as just totally unfair.»
Because Chief
Justice Roberts previously reviewed this case while on the D.C. Circuit Court, he has
recused himself.
As well,
Justice Camp has agreed to
recuse himself from any such cases currently assigned to him.
Doug, This does raise again the question about why
Justice Breyer does not
recuse himself from cases involving the guidelines.
If Sen. Patrick Leahy has his way, Souter, and any other retired
justice, could be a special guest star for future cases where one of the active members of the Court has to
recuse himself (or herself) because of a conflict of interest.
The Campaign for Tobacco - Free Kids and other public health groups recently urged the
Justice Department to
recuse any lawyers who represented tobacco companies from any tobacco - related litigation while serving in the government, specifically mentioning Mr. Readler and Noel Francisco, the nominee for Solicitor General, who long represented R.J. Reynolds in tobacco litigation while at Jones Day.
David Ingram's article in the NLJ cites several recent instances where
justices who arguably had a conflict declined to
recuse themselves, and cited the possibility of evenly split decisions as one reason.
In February 2015, the prosecutor leading the probe into possible coordination between Governor Scott Walker's campaign and outside groups filed a motion asking at least one Wisconsin Supreme Court
justice, and possibly more, to
recuse themselves from hearing a challenge to the investigation based on the spending they benefitted from during their elections.
The Court ruled, in a 5 - 3 opinion written by
Justice Kennedy, that due process was violated when Chief
Justice Castille of the Pennsylvania Supreme Court refused to
recuse himself from Terrence Williams» post-conviction appeal of a death sentence that Castill had approved as district attorney before he became a judge.
Justice Anthony Kennedy recused himself based on his participation in this matter as a Ninth Circuit justice back in the 1980s, and only eight justices will participate in the de
Justice Anthony Kennedy
recused himself based on his participation in this matter as a Ninth Circuit
justice back in the 1980s, and only eight justices will participate in the de
justice back in the 1980s, and only eight
justices will participate in the decision.
Maybe the Court thought it unnecessary to learn new facts, or maybe Sarei was problematic because
Justice Elena Kagan would have been
recused.