(5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
(i) Is a party to the proceeding, or an officer, director, or trustee of a party;
(ii) Is acting as a lawyer in the proceeding;
(iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding;
(iv) Is to the judge’s knowledge likely to be a material witness in the proceeding.
All I see is that Thomas should recuse himself if and when she is called as a “material” witness (iv).
(iii)? What is her “substantially affected interest” (AKA-harm/gain standing)?
Mrs. Thomas is the head of Liberty Consulting, an organization that has been lobbying against Obamacare. If the court strikes is down then her organization could benefit from it.