Timeline for Would a Trump-nominated Supreme Court justice be expected to recuse themselves from a Trump case?
Current License: CC BY-SA 4.0
11 events
| when toggle format | what | by | license | comment | |
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| S Oct 24, 2022 at 21:31 | history | suggested | Heddy | CC BY-SA 4.0 |
Spelling and some Capitals to get 6 min changes
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| Oct 24, 2022 at 19:25 | review | Suggested edits | |||
| S Oct 24, 2022 at 21:31 | |||||
| Oct 23, 2022 at 1:52 | comment | added | David Siegel | @deep64blue To the best of my knowledge there is no case clearly on point. There is certainty no explicit language in the Constitution either way. I think such a law would be within Congress' power, but I can't cite clear case law on it. In any case, it seems quite unlikely that Congress will pass such a law, and if they don't it will never come to a court decision. | |
| Oct 23, 2022 at 1:44 | comment | added | deep64blue | I upvoted this but disagree with the last line, I mean technically they could pass it but it would almost certainly be struck down as unconstitutional. | |
| Oct 22, 2022 at 6:36 | comment | added | David Siegel | @user71659 Aldo, ongress came close to impeaching William Douglass, and Abe Fortas would have been impeached and removed had he not resigned first. | |
| Oct 22, 2022 at 6:27 | comment | added | user71659 | @DaleM Congress has impeached one Supreme Court justice (Samuel Chase). The power comes from the "good Behaviour" clause of the Constitution, which specifically says it applies to "both of the supreme and inferior Courts". Thus, defining what "good behavior" means to the Supreme Court follows from the same power as applies to the Federal courts. | |
| Oct 22, 2022 at 3:07 | comment | added | David Siegel | @Dale M I think they do. They can regulate the President in various ways. They can impeach and remove Justices. They set the size of the Court. They set the court budget. In they past they have assigned specific Justices to specific circuits. They can remove classes of cases from the Court's jurisdiction. They set the Justices' pay. They created the office of Reporter of the Court. But since Congress has never passed such a law, there has never been a test of such power. | |
| Oct 22, 2022 at 2:52 | comment | added | Dale M♦ | I don’t believe Congress could pass such a law - they don’t have the power to regulate SCOTUS | |
| Oct 21, 2022 at 20:26 | comment | added | phoog | "no binding law or rule of practice" for justices: there are however for judges, and I'm fairly sure that those rules don't include having been appointed to the bench by someone as grounds for recusal. | |
| Oct 21, 2022 at 19:42 | comment | added | TheEnvironmentalist | I forgot Nixon! Great example, and interesting noting that "there is no binding law or rule of practice specifying when a Justice must recuse" | |
| Oct 21, 2022 at 19:38 | history | answered | David Siegel | CC BY-SA 4.0 |