Rick Esenberg | Why the Conservative Justices Didn’t Have to Recuse Themselves in the John Doe

Published on: Jul 21, 2015

Rick Esenberg | Why the Conservative Justices Didn’t Have to Recuse Themselves in the John Doe

“So for a Justice to be “biased” in favor of Club for Growth or the Greater Wisconsin Committee is to be biased in favor of the ideology they promote. That’s not impermissible bias and does not raise due process concerns. In White v. Republican Party, a majority of the United States Supreme Court held that bias in favor of a philosophical perspective – to have a position on disputed legal and political issues – is not bias at all.”

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