Supreme Court Recusal, GOP Never Saw It Coming

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Supreme Court
"Supreme Court" by Mark Fischer is licensed under CC BY-SA 2.0.

For months, Democrats and liberal activists have been pressuring Supreme Court Justice Neil Gorsuch to recuse himself from a major environmental case that is going before the court.

Gorsuch has deep ties to Philip Anschutz, whose company could possibly benefit from the court’s decision (he also filed an amicus brief in the case).

Last week, the Supreme Court’s clerk notified all interested parties that Gorsuch would be sitting this case out.

He’s Recusing Himself

The case in hand is regarding a railroad project that is going through Utah and numerous environmental regulations that would impact the project.

Anschutz’s company filed an amicus brief in support of the project, which then brought up the ties that Gorsuch has to Anschutz.

During his confirmation hearings, Gorsuch revealed that he had previously worked as counsel for Anschutz.

He had also entered into an LLC agreement with two associates of Anschutz, with the partnership acquiring some land. Once Gorsuch was confirmed, that land was sold off.

The court clerk announced the recusal, stating, “I am writing to inform you that, consistent with the Code of Conduct for Justices of the Supreme Court of the United States, Justice Gorsuch has determined that he will not continue to participate in the case.”

You would think this would please the court’s critics, but Caroline Ciccone, the president of Accountable.US, still criticized Gorsuch for taking so long to recuse himself from the case.

She stated, “Justice Gorsuch only recused himself after this glaring conflict was brought to light.

“This recusal is another reminder of how the justices’ cozy relationships with billionaires and special interests continue to plague the Supreme Court and keep public trust in the court at an all-time low.”

Gabe Roth of Fix the Court took a different approach, applauding Gorsuch for stepping down in a case that has such close ties to him.

He stated, “Part of the recusal statute and the code of conduct says that a justice should recuse if their impartiality might reasonably be questioned.

“Given all of Gorsuch’s ties to Philip Anschutz and his companies, a reasonable person might impute bias. I think it is absolutely the right call.”

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