I think they have to be recused Hemenways motion was not heard/denied thus should be granted..we shall see...
I thihnk it might be different in SCOTUS, the justices are ethically bound to recuse themselves, BUT.... I don’t think they HAVE to. I seem to remember that it’s up the each justice.
Do you really think Kagen - even though she was on some certification cases FOR Obummer - or sotomayor are going to voluntarily recuse themselves? I have zero faith that they will. None what so ever.
I want to be wrong. More than I can possibly put into words. But I don’t think I am.