Faculty

Prof. James Sample Quoted on Possible Recusal Problems for Kavanaugh in National Law Journal

James Sample , Professor of Law

Kavanaugh May Face Recusal Dilemmas If He’s Confirmed
Entities that Brett Kavanaugh has attacked. Organizations that opposed Kavanaugh’s nomination. Issues Kavanaugh has expressed opinions about. There are a host of areas that could pose recusal problems if the nominee is confirmed.
By Tony Mauro
The National Law Journal
Oct. 2, 2018

Excerpt:
Here is a rundown of four categories of cases that have been mentioned as recusal triggers for Kavanaugh: …

>> Organizations that opposed Kavanaugh’s nomination: The American Civil Liberties Union, a frequent litigant before the Supreme Court, took the rare step on Saturday of opposing Kavanaugh’s confirmation, supplemented by television ads lumping him together with Bill Cosby and others accused of abusing women. Does that mean Kavanaugh would or should recuse himself in ACLU cases? …

Hofstra University law professor James Sample, an expert on recusals, said that in such cases, “for a transitional period, recusal might be properly erring on the side of respect for appearances.” But in the long term, he said, that practice could invite parties to “game the system” by opposing a nominee with the goal of forcing him or her off their cases.

Read the full article on the National Law Journal website.

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