Payne’s Recusal Problem

Senator Kennedy and others have tried to suggest that Judge Alito had a recusal problem when he didn’t. This report in Salon suggests that another Bush nominee may have tougher sledding in this regard, however. The article claims that Judge Henry Payne, nominated by President Bush to the U.S. Court of Appeals for the Tenth Circuit, “issued more than 100 orders in at least 18 cases that involved corporations in which he owned stock, a review of court and financial records shows.” If this report is accurate, and there’s no ready explanation for the lapse, this could be a problem.

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

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