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Recuse Me

Two Florida Circuit judges have recused themselves from the Trayvon Martin case. The first, Jessica Recksiedler, withdrew because of a potential conflict of interest—her husband works for with a CNN legal analyst. The second, John D. Galluzzo, formerly practiced with Zimmerman’s current attorney, Mark O’Mara. For more, see coverage in the Miami Herald.

That’s not the only recusal in the news lately. The final oral argument of this Supreme Court term, scheduled for April 25, will be one justice short. Justice Kagan recused herself from Arizona v. United States (see cert grant) because of work she had done as Solicitor General, raising the possibility of a 4-4 decision in this important immigration case. Justice Kagan resisted calls (like this one from Senator Jeff Sessions) to recuse herself from another big case— U.S. Department of Health and Human Services v. Florida—the Affordable Care Act case.

When should judges recuse themselves? Chief Justice John Roberts devoted the first part of his 2011 Year-End Report on the Federal Judiciary to a discussion of how the Justices “address ethical issues.” For a range of scholarly perspectives on recusal, see this debate presented by PENNumbra.