if an issue of presidential power went to the Supreme Court...

[Syrinx]

Say for example the issue of warrantless, domestic spying went to the Supreme Court, would Roberts (and Alito if, God forbid, he's confirmed) be required to stand aside? I think they would, ethically speaking. But what about legally?

And what happens in the case of a tie at the SC? Say Roberts stepped aside, and the vote came out at 4-4. What would happen then?

Just wondering...

[brentspeak]

1. Why would Roberts have to step aside?

Because he was appointed by the president who's at the heart of the issue?

[Syrinx]

2. yeah, that's what I was thinking

I don't know if there is any legal requirement for him to do so. But ethically, I would say he should.

[FormerRepublican]

3. A Bush crony? They have no ethics. Plan on crooked acts.

[Syrinx]

4. well, you got me there

Just in a naive kind of mood, I guess. :)

[tritsofme]

5. I don't think they would be obliged to recuse.

IIRC neither worked for Bush Jr.

SCOTUS judges generally do not recuse as often as apellate judges because of the implication of a 4-4 tie.

When there is a tie the appeals court ruling stands in that region, and no precedent is set.

[Syrinx]

6. thanks for the answer

Appreciate it.