[devattel]

Unlike state and district courts, Supreme Court justices are encouraged, but not "required" to recuse themselves from cases.

The law, however, is quite clear on the matter:

28 USC § 455 states:

"Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned."

The real question is who enforces this statute and what are the penalties? To answer this question one has to visit the Constitution. Only Congress has the ability to remove a Supreme Court justice through impeachment, and it rarely happens.

As far as a recusal, there merely has to be a quorum to hear it. Quorum means majority. If there are only 3 justices, a quorum is 2. For 5 justices, the quorum is 3.

[freepersup]

Thank you for the clarity in this matter. One other question which is a key point (or a moot point; lol) would the recusal preceed a vote ?