Bench Memos

Law & the Courts

On Judge Barrett and Baseless Claims About Recusal

A year ago, I refuted ill-founded concerns that Judge Amy Coney Barrett might recuse herself from cases involving capital punishment, immigration, and abortion. Because I see similar concerns popping up here and there, I will just offer a few simple points:

1. Barrett has now taken part in cases involving capital punishment. Just two months ago, she joined the ruling in Lee v. Watson that denied Daniel Lewis Lee’s motion for stay of execution. She also joined the ruling in Peterson v. Barr that overturned a district-court order blocking Lee’s execution.

2. In addition to the abortion-protest case that I mentioned a year ago, Barrett has taken part in en banc proceedings in two separate cases involving different provisions of Indiana law regulating abortion (Planned Parenthood v. Commissioner and Planned Parenthood v. Box).

3. Barrett has taken part in so many cases involving immigration that I’m not even going to try to list them. (I discussed some of them in this defense of Barrett from an unhinged attack from the Left.)

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Elections

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Elections

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