Clarence Thomas Would Be Wise to Follow Ketanji Brown Jackson’s Lead on Recusals

In the midst of his own beclowning last week during the Senate confirmation hearings for Ketanji Brown Jackson, Senator Ted Cruz of Texas did manage a useful and noteworthy concession from the judge: that, if confirmed, she’d recuse from a highly anticipated case challenging the legality of Harvard’s affirmative action policies. “That is my plan, Senator,” Jackson told Cruz. The moment came and went, but it illustrated how judicial recusals work, or ought to work, in practice. The law states that any federal judge, including a Supreme Court justice, “shall disqualify himself in any proceeding in which his impartiality might… Read Full Article