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Posner on Sotomayor

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pink freud5/26/2009 1:47:51 pm PDT

re: #429 Sharmuta

I think she’d have to recuse herself, wouldn’t she? I thought there was a similar incident with another Justice, and they recused themselves from that case.

The case has already been heard by the Supremes, Sharm, and is awaiting a ruling (which should be announced early July, I believe). They will be either upholding or reversing her appellate decision. The sticky point here is that the Supremes’ ruling may come down in the time period during which she is undergoing the Senate confirmation process. Could get real interesting, especially if they overturn her ruling …