Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Georgia Girl 2
They are supposed recuse if there is a conflict of interest but nobody can force them.

So, you're saying that the LAW doesn't apply to Supreme Court Justices?

80 posted on 11/25/2011 7:28:50 AM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
[ Post Reply | Private Reply | To 79 | View Replies ]


To: Windflier

“So, you’re saying that the LAW doesn’t apply to Supreme Court Justices?”

I guess not.


83 posted on 11/25/2011 7:38:05 AM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
[ Post Reply | Private Reply | To 80 | View Replies ]

To: Windflier
The law does apply to Supreme Court justices, but their constitutional status is different than other Article III judges.

Inferior courts are "ordained and established" by Congress, and are subject to such terms as Congress legislates.

The Supreme Court is created by the Constitution and posesses entire the "Judicial Power of the United States".

I presume that, like both Houses of Congress, this power includes an unreviewable power to make their own rules. Certainly, a power of Congress to require recusal by simple legislation would be unconstitutional.

However, I bet that the Court could require Kagan's recusal by simple majority vote.

92 posted on 11/25/2011 10:09:19 AM PST by Jim Noble (To live peacefully with credit-based consumption and fiat money, men would have to be angels.)
[ Post Reply | Private Reply | To 80 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson