Supreme Court Justice Sotomayor will recuse herself from a case regarding the electoral college according to a new report from Wapo.
A letter explains her rationale as she is friends with one of the parties.
Last month, reacting to a Supreme Court Justice Sonia Sotomayor’s claim that the GOP appointed Justices are being biased in his favor, President Trump called for both Sotomayor and Ginsburg to have to recuse themselves from “Trump related” matters.
“Sotomayor accuses GOP appointed Justices of being biased in favor of Trump.” @IngrahamAngle @FoxNews This is a terrible thing to say. Trying to “shame” some into voting her way? She never criticized Justice Ginsberg when she called me a “faker”. Both should recuse themselves..
….on all Trump, or Trump related, matters! While “elections have consequences”, I only ask for fairness, especially when it comes to decisions made by the United States Supreme Court!
Wapo reports Justice Sonia Sotomayor will not participate in one of the two cases the Supreme Court will hear in April to decide whether the Constitution forbids states from dictating how members of the electoral college cast their votes for president.
The clerk of the court informed lawyers in the case Tuesday that Sotomayor realized she is friends with one of the parties in one of the cases, from Colorado. Sotomayor will still participate in the other case, from the state of Washington.
“The justice believes that her impartiality might reasonably be questioned due to her friendship with respondent Polly Baca,” Supreme Court Clerk Scott S. Harris wrote. “The initial conflict check conducted in Justice Sotomayor’s Chambers did not identify this potential conflict.”
That is somewhat surprising. According to news reports, Baca and Sotomayor consider each other old family friends, and Baca attended Sotomayor’s confirmation hearing. According to an article in the Denver Post, Baca organized a gathering in Denver to watch the confirmation vote, and Sotomayor joined them via speakerphone.
“Polly, you know how much I love you, and how much I love your senators, who both voted for me,” Sotomayor said, according to the report.
Justices decide for themselves whether to recuse from a case, even though President Trump recently called on Sotomayor and Justice Ruth Bader Ginsburg to recuse from anything “Trump-related” that came before the court. Neither responded, and this case is not one that could provide an obvious partisan advantage.
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