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Oklahoma City University Law Review

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Supreme Court Justices have been ignoring the mandates of both the Due Process Clause and the Federal Disqualification Statute, repeatedly refusing to recuse themselves in cases in which their impartiality might reasonably be questioned. Further, in response to widespread criticism of these recusal failures, Chief Justice Rehnquist appointed a committee with a skewed composition, which might well weaken recusal requirements. The committee is chaired by Justice Stephen Breyer. Breyer is a particularly inappropriate choice to head up such a committee because, both in the First Circuit and in recent cases in the Supreme Court, he has conspicuously disregarded his own recusal obligations. In short, therefore, the future of judicial impartiality in the Supreme Court looks bleak.