Prof. James Sample Comments on Recusals of Justices Kagan and Thomas

James Sample, Associate Professor of Law


Recusal issue fading as health care arguments approach

By Tony Mauro

February 15, 2012

Supreme Court Insider, The National Law Journal


“Ultimately, I don’t think either justice should stay out,” said James Sample, an expert on judicial recusals who teaches at the Maurice A. Deane School of Law at Hofstra University. The case against the participation of Kagan on the one hand, because of her previous job as solicitor general, and Thomas on the other, because of his wife Virginia’s role in fighting the health care law, is “weak,” said Sample. But he calls the episode a “teachable moment” about how judicial ethics rules affect the Supreme Court in a unique way.

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