The Volokh Conspiracy

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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Motion for Justice Barrett to Recuse Is Withdrawn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the Order of the Supreme Court of Pennsylvania to stand presently, we therefore request that the Motion be considered withdrawn.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.