Justice Alito Recuses in 3 of the 8 Cases Granted Today

January 10th, 2014

He has recused in ABC, Inc., v. Aereo, Inc., POM Wonderful v. Coca-Cola , and Limelight Networks v. Akamai Technologies. None of these cases came from the 3rd Circuit (assuming an issue could linger that long), so I can’t see any other conceivable reason to recuse, other than financial interests. Earlier this term he recused in a case involving Oracle. That’s four (by my count) recusals in a single term. By contrast, I think Kagan has recused in two (and she was the Solicitor General not too long ago).

He has also recused in cases involving AT&T and Chevron.

Justice Alito would do the nation a service by divesting himself of whatever stocks require him to recuse in so many important cases. Index funds Justice Alito, index funds.

Update: I should note Breyer is also recused in the POM Wonderful Case. We are dealing with 7 Justices. That’s a shame.