When must a judge or justice remove himself or herself from a case because of a conflict of interest? The question is rarely easy to answer as what amounts to a conflict of interest can be disputed. Recently, Supreme Court Justice Stephen Breyer recused himself from two upcoming cases concerning environmental regulations. Justice normally do not say why they are recusing themselves, but some speculate that Justice Breyer is taking a pass because his brother was on the appeals court panel that ruled on these two cases in the lower court. Reuters has
an article detailing Breyer's recusal, including this interesting tidbit:
During each Supreme Court term, there typically are a
handful of cases in which justices recuse themselves. Members of
the court make those decisions based on a federal statute, court
rules and personal judgment.
In its "Statement of Recusal Policy," the court spells out
situations where a justice must bow out. These include cases in
which a relative of a justice has appeared as a lawyer or a
justice has a financial interest in the outcome. At the same
time, the guidelines caution that members of the court should
not go beyond the required recusals.
