Would a Justice Miers recuse herself from key cases?

By Aussiegirl

Here's a bit more information on the notion that Harriet Miers would have to recuse herself on a number of issues which would touch on her capacity as counsel to the president and which might conceivable come before the court. The issues include such things as the treatment and rights of prisoners, the expanded powers of the president during the war on terror, and many others. Interestingly, Supreme Court Justices answer only to themselves, so she could simply say she wasn't going to recuse herself, even though the federal law seems pretty clear, especially relating to being in a position of counselor, etc. -- however I would think that would look rather bad, and would leave the impression that she was placed on the court specifically to carry out the defense of President Bush's policies and to vote in a predetermined way, something which should be beyond the pale of permissible politics in this country.

Would a Justice Miers recuse herself from key cases? | csmonitor.com

Federal law requires that justices and judges recuse themselves from deciding any case "in which [the justice's] impartiality might reasonably be questioned."

The law also requires disqualification whenever a justice or judge "has served in government employment and in such capacity participated as counsel, adviser, or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy."

Recusal decisions are generally made in response to a specific set of facts related to a particular case. Without knowing those facts, judicial ethics experts say, it is difficult to assess future recusal issues that might face a prospective justice.

"It is hard to talk in a vacuum," says Cynthia Gray, director of the Center for Judicial Ethics at the American Judicature Society in Chicago. But she adds, "Most of the cases before the Supreme Court do not involve the president."

Ms. Gray and other judicial ethics experts say it will ultimately be up to Miers herself to decide whether her prior service in the White House would require her to stand down from consideration of a particular case or cases.