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The "Simon Standard" and the Non-Recusals of Justice Thomas

D. Ore. Judge Michael Simon has disqualified himself in a case involving the calling up of the Oregon National Guard by the Trump administration.

Simon’s wife, Suzanne Bonamici, has said on multiple occasions that she opposes this action, and a result Judge Simon has decided that he can no longer sit on the case without implicating the federal recusal statute, which says disqualification must occur when there’s merely the appearance of impropriety.

Whether or not Simon should’ve recused — it’s probably for the best, given the distraction it would be — we’re remind of all the times we were told that a Supreme Court justice’s spouse was their own person with their own opinions, and surely those things must not implicate the justice and whether he should participate in a certain case or petition.

In the vein, we’ve compiled a list of cases Justice Thomas would have recused from had he followed this Simon Standard.

View the cases here.

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