Supreme Court

Motion for Justice Barrett to Recuse Is Withdrawn

Attorneys for Luzerne County are no longer asking the newest justice to recuse from Pennsylvania election litigation.


Earlier today, attorneys for Luzerne County, Pennsylvania, filed a notice of withdrawal of their prior motion seeking the recusal of Associate Justice Amy Coney Barrett from  Republican Party of Pennsylvania v. BoockvarAs I noted here, after the initial motion was submitted, the Luzerne County Council voted in support of withdrawing the motion.

The notice of withdrawal makes no mention of the County's vote. It reads as follows:

Given the Supreme Court's safety protocols, I understand that the Motion to Recuse which was electronically submitted on October 27, 2020, has not yet been officially filed. Given the Supreme Court's refusal to expedite consideration of the petition for a writ of certiorari, thus allowing the Order of the Supreme Court of Pennsylvania to stand presently, we therefore request that the Motion be considered withdrawn.

The docket for the case now indicates that the prior motion was not accepted for filing.

For reasons I explained here, I do not believe the applicable standards or relevant precedent supports Justice Barrett's recusal, though each justice ultimately decides whether to recuse in a given case.

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  1. Where is the part where the guy that filed the motion without authorization got fired?

    1. Non-applicable?

      Unless folks in the other thread were lying their asses off, the lawyer consulted with his contact in the county, which gave the go-ahead. So authorization was had.

  2. And I stand by my prior assessment: if Barrett does not recuse, and her decision in this case tips PA from Biden to Trump, and that in turn tips the election from Biden to Trump, she will have single-handedly (A) proven her detractors right, and (B) made court-packing all but certain whenever Democrats are next in power.

    1. ACB is loyal to W Bush and has a deep hatred of Trump. I have it on good authority that the day Bush implemented “shock and awe” in Iraq she got a full on “lady boner” while watching Fox News and seeing all of the Iraqi babies Bush was slaughtering. She also loved Bush’s policies of shipping jobs to China and turning Mexicans into Americans. Her two primary goals for her time on the Supreme Court are restoring the Bush dynasty by installing George P Bush as president and overturning Roe v Wade.

      1. You’re not only crude, you’re delusional

        1. Apparently her nipples would get hard whenever she would read about all of the manufacturing jobs we were hemorrhaging during the Bush years.

    2. By that logic, Gorsuch and Kavanaugh should also recuse themselves. They’re also Trump appointees. What if their decision tips the election to Trump?

      1. Sure.

        If, you know, you make no good faith attempt to understand people you don’t agree with. If you do that, then yeah, that makes total sense.

        If you actually tried to understand other people’s arguments though… then no, obviously not. Not even close.

    3. Many of us expect Democrats to try to create new states that they think will send Democrats to the Senate and to pack the courts as soon as they think they have the power to do so. Because that’s pretty much what they’ve been saying they planned to do even before Ginsburg died and Barret was nominated.

  3. Idiot lawyers playing idiot games to undermine public confidence in the practice of law. Doesn’t help that idiots like Adler pretend to be professors of law. Morons all.

    1. What are you pretending to be?

  4. No ruling in favor of Trump by Justice Barrett can be viewed by any reasonable person as legitimate. Justice must satisfy the appearance of justice, and absent recusal, Trump has chosen a judge in his own cause.

    Here´s hoping that Joe Biden wins by a sufficient margin in enough states so as to make it all academic.

  5. She was put on the Court so quickly because Trump needed an extra vote for his election litigation. He declared this publicly. She should have bowed out at that point, though given that she was about to receive the highest honor any judge could possibly receive, I don’t blame her for caving in to temptation.

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