Less than one day after she was confirmed, U.S. Supreme Court Justice Amy Coney Barrett is already facing a serious challenge to her ability to weigh in on a potential election-related issue.
As reported by Breitbart, a county election board in Pennsylvania has filed a motion seeking Barrett’s recusal from any election cases that might play a role in determining the outcome of the current presidential race.
“In the federal code of law”
The Luzerne County Board of Elections filed the motion within 24 hours of the Senate confirmation vote securing Barrett’s position on the nation’s highest court.
Law & Crime reported that the legal argument deals with “the circumstances of [Barrett’s] nomination and confirmation” in an effort to prove that her “impartiality might reasonably be questioned,” which is the federal statutory standard for judicial recusal.
A number of Democratic Party leaders have argued that President Donald Trump nominated and rushed Barrett’s nomination through the process in part as an effort to assist him if a contested election lands before the Supreme Court.
Despite the remote chances of such a scenario, the narrative persists and is evident in the latest motion filed out of Pennsylvania.
“The recusal standard is in the federal code of law, which details grounds like personal bias or prejudice, prior representation, or financial interests of a justice or her spouse,” explained law professor Jonathan Turley.
“After consultation with the full court”
For her part, Barrett has attempted to remain above the political fray, including when she was confronted with the topic of recusal during her confirmation hearings earlier this month.
“It always happens after consultation with the full court, so I can’t offer an opinion on recusal without short-circuiting that entire process,” she said.
The then-nominee further responded to questions regarding whether she would recuse herself based on Trump’s insinuation that she would help him in the case of a disputed election result.
“I commit to you to fully and faithfully applying the law of recusal, and part of that law is to consider any appearance questions,” Barrett said, adding that she “can’t offer a legal conclusion right now about an outcome of the decision” that she would reach under such a scenario.
While the Senate was successful in confirming another Supreme Court justice within Trump’s first term, Democrats continue to reveal their desperation with partisan attacks like the one originating in Luzerne County.