Would Justice Barrett Be Required to Recuse in the Texas ACA Case?
Earlier this fall, Judge Amy Coney Barrett participated in a moot court on the Texas ACA case at the William and Mary Institute of Bill of Rights Law’s 2020 Supreme Court Preview. Could this require a Justice Barrett to recuse from the case if she is confirmed to the Supreme Court before the case is argued on November 10? It is an interesting question.
We normally expect a judge to recuse if the judge has expressed an opinion on the merits of a specific case before that case is heard. In this instance, the moot court did not merely concern the same question as is presented in the Texas ACA case, it considered the actual case, and the participants reviewed some of the actual briefs. On the other hand, participants were not asked to consider all of the filed briefs, nor were they presented with the oral arguments that will be made by the parties when the case is eventually hea
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