"Deciding Not to Decide: The Politics of Recusals on the U.S. Supreme Court." 2014. Law & Society Review. 48 (3): 621-655.
When are U.S. Supreme Court justices more likely
to recuse themselves from cases? This article
proposes a strategic model of recusal behavior, hypothesizing that the justices
balance statutory guidelines concerning recusals against other policy and
institutional goals. Using data from the
Supreme Court Database, I find evidence that recusal behavior is influenced by
a combination of statutory, policy, and institutional considerations. Consistent with statutory explanations, which
emphasize the elimination of bias or its appearance, justices are more likely
to recuse themselves from cases when business interests are before the Court, they
have served for shorter terms, and they have previously acted as Solicitor
General. However, I also find that the justices
are less likely to recuse themselves when cases are likely to be close or when the
justices’ policy goals are likely to be advanced by participating. These findings suggest that while the
justices do follow statutory recusal guidelines, they also have other institutional
and policy incentives that lead them to participate in cases despite their conflicts
of interest.
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