Liberal Law Professor Shreds Dems' Calls for ACB to Recuse Herself From Election-Related Cases

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Posted: Nov 04, 2020 2:50 AM
Liberal Law Professor Shreds Dems' Calls for ACB to Recuse Herself From Election-Related Cases

Source: AP Photo/Alex Brandon

George Washington University Law Professor Jonathan Turley slammed Democrats' assertion that Supreme Court Justice Amy Coney Barrett should have to abstain from any cases related to the 2020 presidential election. According to Turley, there's no reason for Barrett not to participate simply because she was confirmed before an election.

"Jonathan, so that brings us to the fact that Justice now Amy Coney Barrett is in this position in this Court that is now nine, filling the spot of deceased Ruth Bader Ginsburg and Democrats, during that hearing, were saying, 'You have to recuse yourself if an election case comes to the Supreme Court after November 3rd.' I assume we're going to hear that more," Fox News' Bret Baier said.

"It will and it's utterly ridiculous and it's also incredibly insulting. There's no reason under the usual interpretation of the standard for recusal for Justice Barrett to withdraw from this case," Turley explained. "She doesn't have an interest in this case. She doesn't have a financial interest in this case. She didn't work on underlying litigation or cases related to any appeal. None of those conditions exist."

"I know of no case in history where a justice would recuse herself simply because she was nominated shortly before an election and some people, as you heard, as a judicial shill," he said.

Turley made the statement shortly before President Donald Trump addressed supporters around 2 a.m. Wednesday morning. The president made clear that he plans to litigate mail-in ballots in some of the key swing states. 

As of now, results from battleground states like Pennsylvania and Michigan might not be decided until the end of the week.