Document Type


Publication Title

Oklahoma City University Law Review

Publication Date



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.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.