Just hours after the newly-confirmed justice took the bench, Justice Amy Coney Barrett on Tuesday was asked by leftist Democrats to recuse herself from participating in a dispute over a mail-ballot extension in Pennsylvania.
The recusal motion was filed by the Luzerne County Board of Elections, one of the parties that has asked the Supreme Court to reject efforts by Pennsylvania Republicans to roll back voting accommodations in the state.
“The nomination and confirmation of a Supreme Court justice this close to a presidential election is unprecedented,” they wrote. “As concerning as that is, what is even more troubling is the language President Trump has used in consideration of this nomination, linking it directly to the electoral season at hand, with implications for his own re-election.”
Justices are generally permitted to decide for themselves whether or not recusal is appropriate in a given case to avoid an actual or perceived conflict of interest.
Just hours before her first day on the bench, Judge Amy Coney Barrett was sworn in as an Associate Justice of the Supreme Court of the United States by Justice Clarence Thomas at the White House late Monday evening.
Justice Amy Coney Barrett has taken her Constitutional oath! pic.twitter.com/OWPUuQZA5Y
— The White House (@WhiteHouse) October 27, 2020
President Trump has repeatedly warned of the risk of widespread voter fraud this election and encouraged the swift confirmation of Barrett, in part so she could be seated in time to rule on voting litigation.
“I think this will end up in the Supreme Court. And I think it’s very important that we have nine justices,” Trump said in a Sept. 23 news conference. “It’s better if you go before the election because I think this scam that the Democrats are pulling — it’s a scam — the scam will be before the United States Supreme Court. And I think having a 4-4 situation is not a good situation.”
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