Republicans pushed back on Democratic calls for Supreme Court Justice Amy Coney Barrett to recuse herself from a Pennsylvania mail-in ballot deadline case as the high court’s newest member was sworn in on Tuesday morning by Chief Justice John Roberts.
As a member of the court, one of the first cases Barrett will review is a lawsuit over Pennsylvania’s Nov. 6 deadline for mail-in ballots. This deadline extends three days past the Nov. 3 general election.
The Supreme Court initially split evenly, 4-4, with Roberts siding with the court’s three liberals, over taking up the case early last week. That upheld a ruling by the Pennsylvania Supreme Court and denied a request by the Pennsylvania GOP to hear the case.
However, last Friday, three days before Barrett was elevated to the high court, the Pennsylvania Republican Party refiled the case in hopes that Barrett will be the tiebreaking vote on the court that will enable the case to be heard.
Democrats and other Barrett detractors say she should recuse herself.
Sen. Bob Casey, a Democrat from Pennsylvania, told the Washington Examiner prior to Barrett’s confirmation that the case is probably on the minds of many voters.
“I hope the court would say it’s too close to an election and say they’re not going to take the same exact case and revote it because we have another justice,” Casey said. “And I would hope that Judge Barrett … would recuse, but we’ll see.”
Republicans discouraged the notion that Barrett should immediately recuse herself from the Pennsylvania election case, telling the Washington Examiner the decision for a recusal process should not be political.
“At the end of the day, there are strict guidelines for recusal that the justices go by, and I would expect her to be able to follow the precedent of the Supreme Court and the rules that they’ve laid down for themselves on how to recuse themselves. But that’s not a political decision,” Oklahoma Sen. James Lankford said. “That’s a process decision that’s made once she’s on the court following those rules.”
Sen. Mike Lee, a Utah Republican, challenged those who want Barrett to recuse herself to distinguish between Barrett and other justices on the court also appointed by President Trump.
“Recusal standards are well established in law. I trust that she’ll make the right decision. I would have some questions for those arguing upfront that she needs to recuse herself,” he said.
Sen. John Barrasso, a Wyoming Republican, told the Washington Examiner, “She’s not going to legislate from the bench. She’s going to be a superb member of the Supreme Court. And in terms of recusing yourself from any decision, I don’t see the need to that.”
The Luzerne County, Pennsylvania, Board of Elections filed a motion with the court Tuesday morning to call for Barrett’s recusal.
“Justice Barrett’s confirmation only eight days before the election and in the midst of this election case (with presumably others to follow) accomplishes the president’s goal,” the county’s motion said. “It is of little importance what Justice Barrett’s own searing examination of her subjective views are or may be regarding any potential bias she may or may not harbor in considering this case. She has been placed in a position not of her own making but one in which disqualification is constitutionally mandated.”
