Article: “National Law Journal”/”Supreme Court Brief” Discusing Our Position on Obergefell Recusal

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U.S. Supreme Court Reporter Tony Mauro wrote about our article explaining the impropriety of failing to recuse in the Obergefell organization. The Article was entitled “Motion Urging Recusal in Marriage Cases Surfaces on Supreme Court Docket.”

“The recusal request was posted on the court’s docket last week, according to William Olson and Herbert Titus, lawyers for the U.S. Justice Foundation, which filed a brief against same-sex marriage in a related case. They wrote about the recusal motion on the foundation’s website on June 19. Olson said the justices should recuse in part because, after officiating at same-sex ceremonies, they would be biased to vote in favor of such marriages so as not to tarnish their personal and professional reputations.

“The recusal request was first filed as a motion to the full court on April 27, the day before Obergefell v. Hodges and related cases were argued. Olson and Titus questioned why the filing was posted so late and why it was converted from a motion to a request.

“These points may appear to be minor-words that only lawyers would quibble over,” they state in their column. “But in reality, they suggest that the high court, for an inordinate time, has ignored the recusal motion. While the court has finally acknowledged that some recusal filing was made, it certainly gives no assurance that any ruling on the motion will be forthcoming before the court decides the same-sex marriage case.”