Supreme Court justices are required to sit out cases where they may appear impartial, and often do. But it’s unclear whether they can be forced to.that makes it harder to charge Capitol riot defendants with obstruction, a charge that has also been brought against former President Donald Trump.that the charge of obstructing an official proceeding must include proof that defendants tried to tamper with or destroy documents.
Since the Supreme Court is the only part of the federal legal system that has “justices,” it’s clear this provision explicitly applies to them. But the law is not a criminal law, meaning violating it can’t result in a judge being charged with a crime and sent to jail.Which means – as with the ethics code – the federal law relies upon individual justices to self-police., justices have recused themselves from a case more than a hundred times this term alone, with every justice recusing themself at least five times.
The vast majority of those recusals occur early on, when the court is merely deciding whether or not to take a particular case. Common reasons for recusal include a justice holding stock in a company that could be directly affected by the case, a justice having previously worked or ruled on the case in their career as a lawyer or lower-court judge, or a justice being named as a party in the case. Alito has recused himself most often this term – 23 times, most commonly citing stock ownership.
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