Partial Recusal and the Supreme Court

3 Pages Posted: 7 Jun 2022 Last revised: 9 Feb 2023

See all articles by Louis J. Virelli

Louis J. Virelli

Stetson University College of Law

Date Written: May 11, 2022

Abstract

This essay uses the framework of the affirmative action litigation to introduce and preliminarily explore the concept of “partial recusal” at the Court. Part I briefly introduces judicial recusal, including the unique features of recusal at the Supreme Court. Part II addresses the idea of partial recusal, which has been generally undertheorized and effectively overlooked with respect to the justices’ recusal practices. It then distinguishes between two types of partial recusal—horizontal and vertical—and makes a case for why each could be useful for the Court.

Suggested Citation

Virelli, Louis J., Partial Recusal and the Supreme Court (May 11, 2022). Michigan State Law Review Forum, Stetson University College of Law Research Paper, 2023-2, Available at SSRN: https://ssrn.com/abstract=4129262

Louis J. Virelli (Contact Author)

Stetson University College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States
727-562-7329 (Phone)
727-343-9319 (Fax)

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