The Supreme Court has determined the outcome of a US presidential election only once, in 2000, leading President George W. Bush to the White House.
"This will be hotly debated by members of the judiciary committee as well as legal ethicists but I suspect many of us will end up pressing that question in whatever form," Democratic Senator Chris Coons, a member of the committee, said in an interview with NPR last week. Federal law requires a justice to step aside from cases"in which his impartiality might reasonably be questioned." In a 2011 report, conservative Chief Justice John Roberts said he had"complete confidence in the capability of my colleagues to determine when recusal is warranted."
He noted that in 2000, when the Supreme Court decided the election in favor of Republican Bush, none of the justices were appointed by either candidate, although Democratic candidate Al Gore was vice president to President Bill Clinton, who appointed both Ginsburg and Justice Stephen Breyer.Both liberal and conservative justices have been pressed by critics in the past to recuse themselves in cases with perceived conflicts. Litigants can file motions seeking recusal but rarely do.
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