Explaining the unexplained recusals in Supreme Court orders

Since the justices of the Supreme Court do not explain their reasons for recusing themselves from certain cases, Fix the Court is trying to put the pieces together for you in a series we’re calling “Took No Part,” since the phrase used in Supreme Court orders noting a recusal is “Justice [X] took no part in the consideration or decision of this petition.”

This is the fourth post in a series; earlier ones are here.

TNPs for SCOTUS’ Feb. 23 orders:

14-675 KELLY, ALBERT, ET AL. V. NEW YORK, NY, ET AL.
Result: Certiorari denied
Recused justice: Sotomayor
Presumed reason: Unclear. This case originated in the Second Circuit, where Justice Sotomayor served before ascending the Supreme Court in 2009.

14-7637 HERNANDEZ, TODD A. V. UNITED STATES
Result: Certiorari denied
Recused justice: Kagan
Presumed reason: Hernandez, of Hawaii, was hoping to get a new trial, though it seems his attorneys didn’t present any new evidence – just a new spin on old evidence. Since the respondent is the United States, it’s likely that Justice Kagan participated in this case when in the U.S. solicitor general’s office, where she served before ascending to the Supreme Court in 2010.

14-7650 GREGORY, DANA P. V. UNITED STATES
Result: Certiorari denied
Recused justice: Kagan
Presumed reason: Gregory, of Tennessee, was sentenced to 42 years in jail for possessing more than 200 guns (most of them illegally) and for possession of oxycodone with intent to distribute. Since the respondent is the United States, it’s likely that Justice Kagan participated in this case when in the U.S. solicitor general’s office, where she served before ascending to the Supreme Court in 2010.

14-7727 MARCUSSE, JANET V. USDC WD MI
Result: Certiorari denied
Recused justice: Kagan
Presumed reason: Marcusse, of Michigan, has been trying to convince a court to allow her to call additional witnesses in her case but has yet to demonstrate that each witness testimony would be necessary to her defense. Since the respondent is the United States, it’s likely that Justice Kagan participated in this case when in the U.S. solicitor general’s office, where she served before ascending to the Supreme Court in 2010.

14-7757 HOLZ, TIM E. V. OLIVER, J.
Result: Certiorari denied
Recused justice: Kagan
Presumed reason: Holz, a federal prisoner in Pennsylvania, had been challenging the nature of his incarceration, saying that prison conditions were unconstitutional because the Bureau of Prisons runs security cameras in its facilities. Since the respondent is the United States, it’s likely that Justice Kagan participated in this case when in the U.S. solicitor general’s office, where she served before ascending to the Supreme Court in 2010.

14-7785 MELENDEZ, JONATHAN V. UNITED STATES
Result: Certiorari denied
Recused justice: Kagan
Presumed reason: Melendez, a citizen of the Dominican Republic who falsely represented himself as a U.S. citizen, committed social security fraud by using a fake social security number. Since the respondent is the United States, it’s likely that Justice Kagan participated in this case when in the U.S. solicitor general’s office, where she served before ascending to the Supreme Court in 2010.

14-7824 COLEMAN, KENNETH V. CARAWAY, WARDEN
Result: Certiorari denied
Recused justice: Kagan
Presumed reason: Unclear. Since the respondent is the United States, it’s likely that Justice Kagan participated in this case when in the U.S. solicitor general’s office, where she served before ascending to the Supreme Court in 2010.

14-7887 RAMIREZ, JUAN V. UNITED STATES
Result: Certiorari denied
Recused justice: Sotomayor
Presumed reason: Unclear. There are a number of “Ramirez v. U.S.” cases in PACER, and more research on this case will need to be done.