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Litigation

Oct. 24, 2007

The Rarely Answered Question: Why Recuse?

Federal judges, including justices on the U.S. Supreme Court, are under no obligation to publicly explain their decisions to recuse themselves from cases. Some court watchers say the public interest would be better served if jurists were less secretive.

By Brent Kendall
Daily Journal Staff Writer

      WASHINGTON - Frustration abounded this month when a hotly contested U.S. Supreme Court case on special education fizzled with the justices announcing that they were hopelessly deadlocked on a 4-4 vote.
      The case also left an enduring mystery: Why did the key ninth member of the court, Justice Anthony M. Kennedy, recuse himself?
 &n...

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