Ethics

Steve Lubet's new article, Let Justices Be the Judge, argues that recusal decisions at the US Supreme Court should be made by the court and not by the individual, affected justices.  Lubet notes, as we've discussed here, that it appears that the recent flurry of articles in the NYT and elsewhere presage a move to disqualify Justice Thomas on the expected constitutional challenge to the health care reforms.

It's worth asking about the outcomes and downstream effects if we do let the other eight justices decide the recusal questions.  Would the result be better or worse than the current system?