Ethics

Sorry if this has been covered (but I haven't seen it lately). I'm getting asked whether there should not be a procedure whereby someone (or ones) other than the individual Justice should decide motions to recuse the Justice. Right now, as we know, the Court leaves it to the subject of the motion though it need not do that. I understand that Rep. Murphy (D.Conn.) is sponsoring a bill that directs the Court to come up with another way to do it.

But what would that be? Reassigning it to another Justice or several is most obvious but (a) it could lead to opportunistic behavior or, more likely, the appearance of same, as in "let's get rid of Breyer on this case;" or (b)the opposite, collegial and self-interested behavior as in "if I vote to recuse Scalia, I could be next" -- or the appearance of same.

So maybe the solutions are worse than the problem.

Oh, I have it. Put it up to a vote on LEF! :-)