Dems' Recusal Demands Are 'Another Totally Invented Standard'

SENATE REPUBLICAN COMMUNICATIONS CENTER

Contact: Scott Sloofman 202.228.NEWS

Reminder: Dems' Recusal Demands Are 'Another Totally Invented Standard'

Justice Kagan Ruled In Major Obamacare Cases After Serving In The Obama Administration, Justices Ginsburg And Breyer Ruled In Landmark Cases Where President Clinton Was A Party, And All Four Justices Appointed By Those Presidents Participated In Election Year Cases When That President Stood For Re-Election

SENATE MAJORITY LEADER MITCH McCONNELL (R-KY): "Here's another one of the made-up attacks: Democrats are demanding that Judge Barrett commit in advance to recuse herself from entire categories of cases, for no reason. This is another totally invented standard. Nobody has ever suggested that Supreme Court Justices should categorically sit on the sidelines until the President who nominated them has left office. Justices Ginsburg and Breyer were confirmed during President Clinton's first term. Justices Sotomayor and Kagan were confirmed during President Obama's first term. All four of these Justices went on to participate in election-related proceedings while the President who'd nominated them was on the ballot. And Justices Breyer and Ginsburg participated actively in Clinton v. Jones and other matters connected to President Clinton's eventual impeachment. In fact, they urged and attempted to get the Supreme Court even more involved." (Sen. McConnell, Remarks, 10/01/2020) https://www.republicanleader.senate.gov/newsroom/remarks/mcconnell-debunks-democrats-false-attacks-on-judge-barrett-and-ahistorical-demands-for-recusal

* SEN. McCONNELL: "This is just a sideshow. If Judge Barrett is confirmed, she will swear an oath. She will have a lifetime appointment. Nobody serious is suggesting she lacks any bit of the integrity which everyone trusted Justices Ginsburg, Breyer, Sotomayor, Kagan, and countless others to exercise. In fact, her integrity and independence are precisely what Judge Barrett's peers across the political spectrum go out of their way to applaud. Judge Barrett has no obligation to make any of the bizarre pre-judgments that our Democratic colleagues are demanding." (Sen. McConnell, Remarks, 10/01/2020) https://www.republicanleader.senate.gov/newsroom/remarks/mcconnell-debunks-democrats-false-attacks-on-judge-barrett-and-ahistorical-demands-for-recusal

'It Is Widely Accepted That Justices Participate In Cases Important, Even Personally, To The Presidents Who Nominated Them'

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Both Justice Sonia Sotomayor, Appointed By President Obama In 2009 And Justice Elena Kagan, Appointed By President Obama In 2010, Participated In Cases Involving The 2012 Presidential Election

Early voting in Ohio: Before the election, the Democratic National Committee and Obama for America obtained an injunction that prevented the State of Ohio from imposing certain limits on early in-person voting. See Obama for Am. v. Husted, 697 F.3d 423 (6th Cir. 2012). Ohio submitted to Justice Kagan an application to stay the injunction, which Justice Kagan referred to the full Court. On October 16, 2012, the Supreme Court denied the application, ruling in favor of the Democratic National Committee and Obama for America. Both Justices Sotomayor and Kagan participated. See Husted v. Obama for Am., 568 U.S. 970 (2012).

Campaign contributions in Montana: After several Republican-affiliated organizations obtained an injunction that prevented Montana from enforcing its campaign contribution limits during the run-up to the election, the Ninth Circuit stayed the injunction, fearing that it could throw the "imminent" election into "chaos." Lair v. Bullock, 697 F.3d 1200, 1214 (9th Cir. 2012). The Republican-affiliated organizations filed an application to vacate the stay, but on October 23, 2012, the Supreme Court denied the application. Both Justices Sotomayor and Kagan participated. See Lair v. Bullock, 568 U.S. 974 (2012).

Voter registration in Texas: In late September 2012, the Ninth Circuit stayed an injunction that had prevented Texas from enforcing various restrictions on voter registration conducted by third parties. See Voting for Am., Inc. v. Andrade, 488 F. App'x 890 (5th Cir. 2012). The Supreme Court denied an application to vacate the stay on September 25, 2012. Both Justices Sotomayor and Kagan participated, and Justice Sotomayor stated that she would have granted the application in part. See Voting for Am., Inc. v. Andrade, 567 U.S. 967 (2012).

Ballot access in Michigan: Shortly before the election, the Sixth Circuit refused to grant emergency relief that would have ordered the State of Michigan to place Gary Johnson, the Libertarian candidate for President, on the Michigan ballot for the election. See generally Libertarian Party of Mich. v. Johnson, 714 F.3d 929, 931 (6th Cir. 2013). Johnson and the Libertarian Party submitted to Justice Kagan an application for similar emergency relief, which was opposed by the Republican Party of Michigan. Justice Kagan referred the application to the full Court, which denied the application on September 19, 2012. Both Justices Sotomayor and Kagan participated. See Libertarian Party of Mich. v. Johnson, 567 U.S. 966 (2012).

Proof of citizenship in Arizona: In the summer before the election, the en banc Ninth Circuit rejected an Arizona policy that imposed heightened requirements for establishing the proof of citizenship necessary to vote. See Gonzalez v. Arizona, 677 F.3d 383 (9th Cir. 2012) (en banc). The Supreme Court denied Arizona's application to stay the decision of the Ninth Circuit. Both Justices Sotomayor and Kagan participated. See Arizona v. Abeytia, 567 U.S. 947 (2012).

Both Justice Ruth Bader Ginsburg, Appointed In 1993 By President Clinton, And Justice Stephen Breyer, Appointed By President Clinton In 1994, Participated In A Case Involving The 1996 Presidential Election

Election judges in Texas: In October 1996, Dallas County changed its method for appointing the election judges that would supervise polling precincts during the upcoming election. The new method was challenged for allegedly violating the Voting Rights Act, but a 3-judge panel rejected the challenge. See generally Foreman v. Dallas Cty., 990 F. Supp. 505, 507-508 (N.D. Tex. 1998). The challengers filed an application for an injunction and stay, but on October 29, 1996, the Supreme Court denied the application. Both Justices Ginsburg and Breyer participated. See ibid.; Foreman v. Dallas Cty., 519 U.S. 957 (1996).

Justices Ruth Bader Ginsburg And Stephen Breyer Took Part In Cases To Which President Bill Clinton Was A Party

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In 1997, Justices Ginsburg and Breyer joined the other justices in declining to take up a different Office of the President v. Office of Indep. Counsel case. 512 U.S. 1105 (1997).

Justice Elena Kagan Served As Solicitor General For The Obama Administration As That Office Began To Prepare For Litigation Involving The Affordable Care Act Yet Kagan Participated In The Cases Involving That Law

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Further, Justices Named by Presidents Obama And Clinton Participated In Hundreds Of Cases In Which Presidents Clinton Or Obama Were A Named Party

Justice Ginsburg participated in at least 79 cases in which President Clinton was a named party.

Justice Breyer participated in at least 74 cases in which President Clinton was a named party.

Justice Sotomayor participated in at least 102 cases in which President Obama was a named party.

Justice Kagan participated in at least 91 cases in which President Obama was a named party.

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