Barrett Refuses To Recuse Herself From Election-Related Disputes
October 13, 2020
Trump and Republicans are rushing to confirm Amy Coney Barrett before Election Day in case voting-related litigation comes before the court. Barrett has refused to recuse herself despite her record raising questions about her ability to be impartial.
Barrett has declined to recuse herself from election-related disputes — and did so again today.
Associated Press: “Barrett ‘can’t offer an opinion’ on whether she’d recuse herself from any election lawsuits involving Trump’
Law.com: “Barrett has declined to agree to recuse in any election-related dispute that might reach the Supreme Court in November. President Donald Trump has repeatedly stated that he expects the Supreme Court to resolve any disagreement arising from the contest between him and former Vice President Joe Biden.”
Trump and Republicans are pushing to confirm a new justice before Election Day in case voting-related litigation comes before the court.
ABC News: “President Trump says he is so keen on having his yet-to-be-announced Supreme Court nominee confirmed by Election Day in part so that the justice would be on the bench to vote on any legal disputes related to the election. ‘We need nine justices. You need that,’ Trump told reporters Tuesday, as he went on to stoke baseless claims that the election will be rife with fraud. ‘With the unsolicited millions of ballots that they’re sending, it’s a scam; it’s a hoax. Everybody knows that. And the Democrats know it better than anybody else. So you’re going to need nine justices up there. I think it’s going to be very important. Because what they’re doing is a hoax, with the ballots.’”
Nexstar Media News: “Republican officials and candidates across 20 states are urging the Senate to quickly confirm Judge Amy Coney Barrett to the United States Supreme Court ahead of the November 3 general election. Their message comes in the form of a letter from Alabama Secretary of State John Merrill that will be sent to Judiciary Committee Chairman Lindsey Graham of South Carolina. Our Washington D.C. Bureau reports it will be made public Monday. A majority of the lawmakers who signed the letter are their state’s chief election officer. ‘In the case an election issue is challenged in court, America cannot afford a tie vote,’ Merrill writes in the letter. ‘Election results must be reported in a timely, secure, and efficient manner. Confirming Judge Barrett ensures we, as election officials, will be able to successfully administer the General Election without hindrance.’”
Barrett’s prior work on Bush v. Gore raises questions about her ability to be impartial in election-related litigation that could come before the Supreme Court.
National Law Journal: “Barrett worked on Bush v. Gore as an associate at Baker Botts. She was on location in Florida for a week, working with Stuart Levey, the former Baker Botts partner who is now chief legal officer at HSBC. Baker Botts’s James Baker was counsel to George W. Bush’s presidential campaign, and the firm represented the GOP candidate in the Bush v. Gore litigation stemming from the 2000 recount in Florida. Barrett, according to her Senate questionnaire, provided research and briefing assistance ‘at the outset of litigation’ in Florida courts.”