Document Type

Article

Media Type

Text

Abstract

This essay is a response to Professor Steven Lubet's 2012 lecture at the annual Tabor Institute on Legal Ethics lecture series at Valparaiso University Law School and his corresponding article entitled “Stonewalling, Leaks and Counter-Leaks: SCOTUS Ethics in the Wake of NFIB v. Sebelius.” In his article, Professor Lubet discusses the U.S. Supreme Court's failure to adopt a comprehensive code of conduct that would, among other areas, address recusals. Lubet’s article proposes that the full Supreme Court review recusal decisions. This essay briefly explores some of the concerns about the public's perception of the Supreme Court that Lubet’s proposal on recusal review would raise. Specifically, the essay addresses the standards for recusal, the lack of transparency related to such recusal procedures, and the potential that a full Supreme Court review of recusal decisions would create the public perception of partisanship on the part of the Justices.

Publication Date

1-1-2014

Department

College of Law

Language

eng

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.