The Supreme Court and Recusals: A Response to Professor Lubet
11 Pages Posted: 11 Aug 2016
Date Written: July 1, 2013
This essay is a response to Professor Steven Lubet's 2012 lecture at the annual Tabor Institute on Legal Ethics lecture series at Valparaiso University Law School and his corresponding article entitled “Stonewalling, Leaks and Counter-Leaks: SCOTUS Ethics in the Wake of NFIB v. Sebelius.” In his article, Professor Lubet discusses the U.S. Supreme Court's failure to adopt a comprehensive code of conduct that would, among other areas, address recusals. Lubet’s article proposes that the full Supreme Court review recusal decisions. This essay briefly explores some of the concerns about the public's perception of the Supreme Court that Lubet’s proposal on recusal review would raise. Specifically, the essay addresses the standards for recusal, the lack of transparency related to such recusal procedures, and the potential that a full Supreme Court review of recusal decisions would create the public perception of partisanship on the part of the Justices.
Keywords: Supreme Court, Recusal, Recusal Standards, Judicial Ethics, Code of Conduct, Disqualification of Judges
JEL Classification: K10, K19, K40
Suggested Citation: Suggested Citation