Faculty Notes

Prof. James Sample Quoted in NLJ on Calls for Justice Ginsburg to Recuse in Travel Ban Case

James Sample , Professor of Law

Should Ginsburg Recuse in SCOTUS Travel Ban Case?
By Tony Mauro
The National Law Journal
June 28, 2017


However the request was made, Sample said, recusal is not required. “Recusing in every case involving the Trump administration is institutionally impracticable,” he said. “While the travel ban is a signature Trump initiative, Justice Ginsburg’s comments about Trump as an individual did not specifically address the travel ban, which, of course did not yet exist at the time.”

Sample added, “Were a case to come before the court that more directly involved President Trump as an individual party, the arguments for Justice Ginsburg’s recusal would be stronger than they are here.”

Read the full article on the National Law Journal website (subscription required).

Professor Sample’s comments in the National Law Journal story were also cited in a June 29 ABA Journal story, “Republicans Call on Ginsburg to Recuse Herself in Travel Ban Case.” Read the full article on the ABA Journal website.