[RoseofTexas]

OH BOY! What do y'all think about this?

[Brilliant]

As time goes by, this will happen less and less.

[Bahbah]

Eeeehhh. What's up?

[zook]

I can see no reason in the world why he should recuse himself from the final ruling. He's a judge, a Supreme Court Justice now, and this is a matter of law; not some Dipweed County beauty contest.

[Peace will be here soon]

I guess he will be refunding the taxpayers some of his salary as well...... No work, no pay. Seems fair.

I won`t hold my breath for that one.

This guy better grow a pair and start doing his job. Ginsberg doesn`t sit out cases the ACLU is involved in.

[Prost1]

I have read the preceding posts and I agree with those who do not understand why he would recuse himself.

It does not matter if he ruled previously, he is not the Chief Justice and it is encumbrant upon him to fulfill his role and render opinions, either in the majority or in the minority.

But rendering opinions is his job, not recusing himself!

[JLS]

Chief Justice John Roberts bowed out of a major war powers case on Monday because he had handled it as an appeals court judge. Without Roberts, the Supreme Court could deadlock 4-4.
____________________________________________________

Well actually, as I see it:

1. Roberts decided and I believe wrote the opinion at the DC Appeals Court.

2. If the Justices split 4-4, then Roberts' opinion stays in force.

3. Thus it seems to me this is like every other case, if all the Justices but Roberts split, he cast the tie breaking vote.

4. The only difference this time is he cast the tie breaking vote before he was on the Court and before this issue came before the court.

[Extremely Extreme Extremist]

Guess I owe Coulter an apology now.

[AntiGuv]

Many comments in this thread as kind of ridiculous. Justice Roberts is recusing himself from precisely those cases that U.S. Title 28, Section 455 says he shall recuse himself from (e.g., when he issued a former ruling on the case or when a lawyer with whom he practiced law served as a lawyer in the case during that time).

[Namyak]

He's no longer impartial... he's already rendered judgment since he already ruled on this particular case. If anyone here believes in the Constitution as it was written, Chief Justice Roberts clearly has to recuse himself.