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Nevilledog

(51,080 posts)
Fri Sep 25, 2020, 07:56 PM Sep 2020

Senate Democrats say they will press President Trump's SCOTUS nominee to commit to recuse herself



Tweet text: NEW: Senate Democrats say they will press President Trump’s SCOTUS nominee to commit to recuse herself if the justices hear a case that could impact the outcome of the fall elections, @mkraju reports.
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Senate Democrats say they will press President Trump's SCOTUS nominee to commit to recuse herself (Original Post) Nevilledog Sep 2020 OP
She'll lie and say yes dalton99a Sep 2020 #1
Them she'll be lying under oath and can be impeached. Nevilledog Sep 2020 #3
there's already plenty of that going on on the Court rurallib Sep 2020 #4
We haven't been in power. Nevilledog Sep 2020 #6
Fully agree. Was just pondering on that rurallib Sep 2020 #7
She'll dodge the question... regnaD kciN Sep 2020 #5
Then you ask what circumstances would/would not lead her to recuse. Nevilledog Sep 2020 #8
Justices have no obligation to recuse for any reason. It's entirely optional for them. enough Sep 2020 #13
Recusal and disqualification are not the same. Nevilledog Sep 2020 #14
The chief justice lacks the power the disqualify other justices. tritsofme Sep 2020 #16
Not really FBaggins Sep 2020 #18
And she'll decline to speculate FBaggins Sep 2020 #15
She won't. Codeine Sep 2020 #2
It means nothing other than baiting Trump into commenting on it. Remember Sessions? brewens Sep 2020 #9
Massive waste of time. These old notions like recusal went out with Scalia. enough Sep 2020 #10
I do not agree. Nevilledog Sep 2020 #11
That's good. You still have hope. I'll take heart from that. NT enough Sep 2020 #12
Another thing I fully expect to happen is Trump touting her as "his" judge. Nevilledog Sep 2020 #17
she will not TeamPooka Sep 2020 #19

Nevilledog

(51,080 posts)
3. Them she'll be lying under oath and can be impeached.
Fri Sep 25, 2020, 08:05 PM
Sep 2020

This isn't hypothetical situation here. She'll either say she will recuse or won't. If she says she won't, even after numerous clips of Trump saying he's specifically asking for a quick confirmation to help him in this election, Chief Justice can disqualifying her.


https://core.ac.uk/download/pdf/217208311.pdf
Disqualifications of Supreme Court Justices: The Certiorari Conundrum

Nevilledog

(51,080 posts)
6. We haven't been in power.
Fri Sep 25, 2020, 08:15 PM
Sep 2020

Personally, I think we have to marginalize the conservative judges by increasing its size. It's not packing the court, it's making the court more representative of the country. It would also greatly lessen the impact of any one justice dying or retiring.

rurallib

(62,406 posts)
7. Fully agree. Was just pondering on that
Fri Sep 25, 2020, 08:18 PM
Sep 2020

Congress has the power to set up the courts. It is well beyond time it is used.

Nevilledog

(51,080 posts)
8. Then you ask what circumstances would/would not lead her to recuse.
Fri Sep 25, 2020, 08:20 PM
Sep 2020

In my opinion, the only ethical thing for her to do would be to recuse from any 2020 election case. The mere appearance of impropriety is glaring.

If she refused to recuse, she should be disqualified by Roberts.

enough

(13,256 posts)
13. Justices have no obligation to recuse for any reason. It's entirely optional for them.
Fri Sep 25, 2020, 09:21 PM
Sep 2020

So is ethics.

tritsofme

(17,376 posts)
16. The chief justice lacks the power the disqualify other justices.
Fri Sep 25, 2020, 09:46 PM
Sep 2020

The decision to recuse would be hers alone.

FBaggins

(26,731 posts)
18. Not really
Fri Sep 25, 2020, 09:52 PM
Sep 2020

Some people draw a distinction between them, but the law refers to both scenarios as disqualifications and most use the terms interchangeably.

It certainly isn't a power granted to the CJ, nor can it be argued that being appointed by a given president forms a necessary conflict of interest (since almost all of them have ruled in cases where that happened).

FBaggins

(26,731 posts)
15. And she'll decline to speculate
Fri Sep 25, 2020, 09:44 PM
Sep 2020

Have you not watched previous nominee hearings?

There's no way that you'll get one of them to a blanket commitment to recuse themselves on the basis of who appointed them to the court.

brewens

(13,578 posts)
9. It means nothing other than baiting Trump into commenting on it. Remember Sessions?
Fri Sep 25, 2020, 08:21 PM
Sep 2020

Just the suggestion that the judge he's appointing to work for him would recuse herself on the election or anything else involving him, will make him freak out. He'll end up making it clear that is exactly what he expects.

enough

(13,256 posts)
10. Massive waste of time. These old notions like recusal went out with Scalia.
Fri Sep 25, 2020, 08:25 PM
Sep 2020

And I mean before he died. The principle is: I won’t recuse because don’t want to.

Nevilledog

(51,080 posts)
17. Another thing I fully expect to happen is Trump touting her as "his" judge.
Fri Sep 25, 2020, 09:49 PM
Sep 2020

During one of his rallies or during a debate he will state that his judge will vote to overturn Roe and get rid of ACA. He won't be able to help himself.

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