In 2009 the Supreme Court ruled that if someone spends $3 million to help get a judge onto the bench, and that same person later has a case before the judge, the judge must recuse.

But what if a group — say, AFP — “only” spends $1 million to help get a judge confirmed to the Supreme Court itself? Does that warrant recusal?

Apparently not, given that nine justices, including Justice Barrett, are expected to hear AFPF v. Rodriquez Monday, as FTC’s Gabe Roth discusses in this op-ed.

AFP, as you’ll remember, spent upwards of $1 million on her confirmation last fall.

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