To recuse or refuse? A look at Supreme Court justices’ decisions on whether to step aside in cases

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In declining to step aside from two high-profile Supreme Court cases, Justice Samuel Alito on Wednesday provided a rare window on the opaque process by which

FILE – Supreme Court Justice Samuel Alito Jr., left, and his wife Martha-Ann Alito, pay their respects at the casket of Reverend Billy Graham at the Rotunda of the U.S. Capitol Building in Washington, Feb. 28, 2018. Alito rejects calls to step aside from Supreme Court cases on Trump and Jan. 6. Alito faced calls from Democrats to recuse from two cases involving former President Donald Trump and Jan. 6 defendants because of the controversy over flags that flew over his homes.

A law that applies to Supreme Court justices and all other federal judges lays out several criteria that require recusal. In one notable example, the Sierra Club asked Justice Antonin Scalia to recuse from a 2004 case about an energy task force convened by then-Vice President Dick Cheney after reports that Scalia and Cheney, old friends, went duck-hunting together.

“Since I do not believe my impartiality can reasonably be questioned, I do not think it would be proper for me to recuse,” he wrote.

 

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