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Any Justice Trump appoints now, after voting started, would have to recuse from deciding election (Original Post) Nevilledog Sep 2020 OP
Some still hold those lofty ideals. Recuse. Haha. LakeArenal Sep 2020 #1
Lofty. ha-ha-ha. Baitball Blogger Sep 2020 #10
Good luck with that Beaverhausen Sep 2020 #2
We're assuming Trump judges are decent people who give a shit about democracy dalton99a Sep 2020 #3
Sounds like a "norm" and you know what conservatives think about "norms" greenjar_01 Sep 2020 #4
Interesting. tavernier Sep 2020 #17
Interesting...so any decision would at the worst be 4 4. Roberts, yes conservative, yes is no Thekaspervote Sep 2020 #5
It already is a laughingstock Bradshaw3 Sep 2020 #6
Does Little Donny have any idea how utterly desperate and pathetic he looks? Blue Owl Sep 2020 #7
Have to? Mz Pip Sep 2020 #8
Sure genxlib Sep 2020 #9
Not sure I follow your logic there, Joyce Alene gratuitous Sep 2020 #11
How charming superpatriotman Sep 2020 #12
They should. That by no means indicates they would. Caliman73 Sep 2020 #13
They should, but they're not required to. onenote Sep 2020 #18
You act like there are rules now. RhodeIslandOne Sep 2020 #14
No SCOTUS Justice "has to" recuse for any reason. NT enough Sep 2020 #15
They have done so, but it is usually Jose Garcia Sep 2020 #16

Baitball Blogger

(46,697 posts)
10. Lofty. ha-ha-ha.
Wed Sep 23, 2020, 12:13 PM
Sep 2020

What's that? The Republicans have brought the fight at their level. A toxic tidal pool next to the swamp where they operate.

 

greenjar_01

(6,477 posts)
4. Sounds like a "norm" and you know what conservatives think about "norms"
Wed Sep 23, 2020, 11:14 AM
Sep 2020

Our system is not good. Despite being drilled endlessly on checks and balances, we actually run on changeable rules, violatable norms, and assumptions of good faith. Our system can be gamed easily, as the last few years have shown. It's not well-constructed.

tavernier

(12,374 posts)
17. Interesting.
Wed Sep 23, 2020, 02:52 PM
Sep 2020

I’ve never thought about it that way, but you are right.
I may steal your observation for future reference.

Thekaspervote

(32,750 posts)
5. Interesting...so any decision would at the worst be 4 4. Roberts, yes conservative, yes is no
Wed Sep 23, 2020, 11:17 AM
Sep 2020

Friend to voting rights, but he isn’t going to become the laughing stock for Dotard’s self serving schemes. He very much cares about his appearance as conservative, but isn’t willing to side step the constitution ..just MHO

genxlib

(5,524 posts)
9. Sure
Wed Sep 23, 2020, 11:28 AM
Sep 2020

The same way Thomas has always recused himself on healthcare decisions even though his wife rakes in big money lobbying on health care matters.

Ethics is for losers

gratuitous

(82,849 posts)
11. Not sure I follow your logic there, Joyce Alene
Wed Sep 23, 2020, 12:19 PM
Sep 2020

You know who decides whether a Supreme Court Justice recuses from a case? That justice. For example, Justice Thomas has consistently heard cases that affect his wife's business as a lobbyist. He doesn't recuse himself even though the ruling could financially benefit himself. All a justice has to say is, "I think I can render an impartial verdict," and voila! conflict of interest vanishes.

Caliman73

(11,726 posts)
13. They should. That by no means indicates they would.
Wed Sep 23, 2020, 12:24 PM
Sep 2020

Conservatives appear to have shed any veneer of respect for rules, traditions, ethics, etc...

We cannot expect any conservative to act honorably or to respect the laws.

onenote

(42,660 posts)
18. They should, but they're not required to.
Wed Sep 23, 2020, 07:28 PM
Sep 2020

So saying that they "would have to recuse" themselves is simply wrong.

To be clear:
Trump shouldn't nominate anyone.
The Senate shouldn't consider a nomination if one is received.

But there is nothing unlawful, or even unethical, about a new justice nominated and confirmed in an election year acting on cases involving the president that nominated him or her, whether it is a case that involves the election itself or a case involving some action taken by the president or his appointees.


Jose Garcia

(2,592 posts)
16. They have done so, but it is usually
Wed Sep 23, 2020, 02:47 PM
Sep 2020

because they have some conflict, such when Elena Kagan recused herself from cases that she had been involved in when she had been Solicitor General of the United States. They also usually don't participate in decisions on cases that were argued before the court prior to their confirmation.

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