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 (due to a perceived or actual conflict of interests), 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 seventh post in a series; earlier installments are here.

TNPs from SCOTUS’s Mar. 23 orders:

14-148: AMANATULLAH, ET AL. V. OBAMA, PRESIDENT OF U.S., ET AL. / 14-6575: AL-NAJAR, REDHA V. CARTER, SEC. OF DEFENSE, ET AL.
Result: Cert denied
Recused justice: Kagan
Presumed reason: At issue in this case is whether the petitioners, non-citizens who were captured in Afghanistan sometime around 2003 and were imprisoned at a multinational military base there, have habeas corpus rights. Since the respondents are the President and the Secretary of Defense, it’s likely that Justice Kagan participated in this and similar cases when in the U.S. solicitor general’s office, where she served before being appointed to the Supreme Court in 2010.

14-966: BERMAN, ROBERT A. V. UNITED STATES
Result: Cert denied
Recused justice: Kagan
Presumed reason: Unclear. The petitioner was charged with violating one law regarding government salaries and other regulating the conduct of federal employees. Since this a suit brought against the U.S., it’s likely Justice Kagan participated when in the U.S. solicitor general’s office, where she served before being appointed to the Supreme Court in 2010.

14-988: SPRINT SPECTRUM L.P. V. EMILIO, VINCENT
Result: Cert denied
Recused justice: Sotomayor
Presumed reason: This suit, over an arbitrator’s award, was heard by the Second Circuit Court of Appeals, where Justice Sotomayor sat before her appointment to the Supreme Court in 2009, and that’s the likely source of conflict.

14-999: D’AMELIO, DANIEL V. UNITED STATES
Result: Cert denied
Recused justice: Kagan
Presumed reason: This case stems from a sting conducted by the New York Police Department to catch an individual with a history of misconduct with underage girls. (That’s enough information on this one.) Since this a suit brought against the U.S., it’s likely Justice Kagan participated when in the U.S. solicitor general’s office, where she served before being appointed to the Supreme Court in 2010.

14-1003: AWAD, ALI V. UNITED STATES
Result: Cert denied
Recused justice: Sotomayor
Presumed reason: Unclear. Awad, a Yemeni national, was captured in Afghanistan and detained at Guantanamo Bay, and was petitioning the U.S. for a writ of habeas corpus. It’s unclear why Justice Sotomayor recused given that the case originated in a D.C. district court, and she was sitting on the Second Circuit when appointed to the Supreme Court.

14-6302: ELSO, JUAN C. V. UNITED STATES
Result: Cert denied
Recused justice: Kagan
Presumed reason: Unclear. Elso, a Florida man, was convicted of conspiring to launder money and was seeking a new evidentiary hearing, which has been denied. Since this a suit brought against the U.S., it’s possible Justice Kagan participated it in prior to hear Supreme Court appointment.

14-8454: DeGLACE, CARLOS V. EDENFIELD, WARDEN
Result: Cert denied
Recused justice: Kagan
Presumed reason: Unclear. DeGlace, a prisoner in Texas, was sent to jailed seven years ago for selling crack-cocaine. Since this a suit brought against the U.S., it’s possible Justice Kagan participated it in prior to hear Supreme Court appointment.