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Has a US supreme court justice ever stepped aside for being partial.?
I've been unable to find an example of it happening. I've found examples of it happening with justices in state supreme courts, but never national. I find it difficult to believe that every justice has been able to be impartial on every single case brought before them all they way back to when the supreme court was established. Has it every happened?
To be clear, I'm talking about "stepping aside" for a case where a justice wouldn't be able to remain impartial, not about a justice "stepping down", i.e. retiring.
2 Answers
- Patrick BLv 77 years ago
Yes they are supposed to, and there have even been recent incidents where they have. Justice Kagan recently recused herself.
However, more often than not, they don't. Justice Thomas should have during the ACA case, because his wife makes millions lobbying against it, but he doesn't care so much about the rules as he does power and money.