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McMurdo was also suggesting "at least by implication, that I may be biased in relation to the substantive merits of the determination of the application for my recusal for bias".
I can't think of a recusal on those grounds, although, bizarrely, the justices never explain their reasons for recusal, so it's hard to know sometimes why they are recusing themselves.
Grounds for recusal?
Rules for recusal do exist.
The justices almost never explain how they handle requests for recusal.
This tit-for-tat pattern might obscure the fact that the calls for recusal are not exactly parallel.
Lawyers for Monsanto also questioned the timing of the request for recusal.
Forty-seven states have adopted the American Bar Association's tougher rule for recusal when "impartiality might reasonably be questioned".
"That is not the rule and is not a basis for recusal... Of course, we don't have the grand-jury minutes, but it's hard to imagine how their contents might reveal additional facts harmful to the hospital itself and therefore be a basis for recusal".(Justice Garnett subsequently took over the case).
The decision should be removed entirely from the justice involved by automatically referring every recusal motion to a rotating or computer-generated panel of justices, so that if the decision is for recusal, it implies nothing about the justice's own judgment of his or her capacity for fairness.
Now it turns out that Justice Scalia accepted free air travel from Mr. Cheney, making the case for recusal far stronger.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com