Fix the Court executive director Gabe Roth released this statement after the President misleadingly called for Justice Ginsburg and Sotomayor to recuse themselves from any Trump-related cases:
Supreme Court justices have an obligation to decide cases in line with their best understanding of the Constitution. The idea being advanced by President Trump – that a justice becomes conflicted if she disagrees with the executive branch’s legal strategy or constitutional theory – is not only wrong but also degrading to the independence of our judiciary.
The notion that a dissent like Justice Sotomayor’s could somehow be construed as an invalid attempt to shame other justices into coming to different conclusions would come as a surprise to many jurists throughout the country and throughout American history.
The recusal standard for all federal judges, including Supreme Court justices, is this: if you were previously involved in a case, have an intimate knowledge of the facts, have a family member involved or could benefit financially from its outcome, you must disqualify yourself. That’s not at issue in any of the major merits cases before the Court this term.