Though she could just refuse right? And then what? Is there any way to reassign the case without get approval?
this post was submitted on 14 Jun 2023
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Politics
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While there's going to be plenty of pressure on her to recuse, there may not be any legal obligation or recourse against her.
Federal courts have repeatedly interpreted Section 455 narrowly in several crucial ways. They have emphasized that the question of whether a judge is biased must be decided “objectively: “whether an objective, disinterested, lay observer fully informed of the facts underlying the grounds on which recusal was sought would entertain a significant doubt about the judge's impartiality.” But here’s the thing: once again, the plain language reading of this test is not reliable. One of the hazards of a black robe is a tendency to think that your views are the (only) objectively reasonable ones. The law on Section 455 reflects a set of judicial norms and values, not necessarily the norms or values of a “lay observer.”
With her past behavior, I would not be surprised if she is forced from this case kicking and screaming. She has shown nothing but poor judgement up to this point.