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Bench Memos

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Roberts & Hamdan



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If Roberts should have recused himself in the Hamdan case once he was asked to interview with the White House as a possible nominee to the Supreme Court, why is being asked to be interviewed the focus? It seems to me, as the logic goes, if you know that you’re being looked at as a possible nominee, even without having been asked to be interviewed, you’d have to recuse yourself — which means that all judges on the potential nomination list would be recusing themselves. And from what are these judges to recuse themselves? All cases involving the Executive Branch, since the president IS the Executive Branch? And if this is the standard, why has it only now been discovered? Seven of nine of the current justices were former federal appellate judges, and to the best of my knowledge, none of them recused themselves from any cases because of some perceived conflict of interest when they were under consideration.



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