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At times justices or judges will recuse themselves sua sponte (on their own motion), recognizing that facts leading to their disqualification are present. However, where such facts exist, a party to the case may suggest recusal. Controversially, each judge generally decides whether or not to recuse themself.
In 2021, The Wall Street Journal reported that 131 federal judges had broken an ethics law by not recusing themselves in cases in which they or their family members bought or held stock. Some of ...
The New York judge who ordered Donald Trump to pay a nearly $500 million civil fraud judgment said Thursday he won’t step aside from the case, rebuffing concerns that the verdict was influenced ...
The judge overseeing the Arizona "fake elector" case against several of Donald Trump's allies has recused himself from the case after accusations of personal bias. Last week, defense attorneys for ...
Caperton v. A. T. Massey Coal Co., 556 U.S. 868 (2009), is a case in which the United States Supreme Court held that the Due Process Clause of the Fourteenth Amendment requires judges to recuse themselves not only when actual bias has been demonstrated or when the judge has an economic interest in the outcome of the case but also when "extreme facts" create a "probability of bias."
Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions. However, where the exercise of discretion goes beyond constraints set down by legislation , by binding precedent , or by a constitution , the court may be abusing its discretion and undermining the rule of law .
Judges holding government entities or officials in contempt is not unheard of. In 2021, US District Judge Royce Lamberth in Washington, DC, held the city’s jail in civil contempt but did not ...
Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities and is the opposite of judicial activism.Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing (locus standi) and a reluctance to grant certiorari; [1] and a tendency ...