“It has by no means been the historic normal” for a Supreme Court justice to recuse themselves from election-related instances on the request of an area board of elections, Judicial Disaster Community President Carrie Severino instructed “The Story” on Tuesday.
Severino was reacting to a movement by the Luzerne County Board of Elections asking newly sworn-in Supreme Court Justice Amy Coney Barrett to recuse herself from a controversial case over whether or not to grant an extension for counting mail-in ballots after Election Day.
“They’re making an attempt to invent one thing new right here,” Severino instructed scorching Martha McCallum.
In submitting the movement earlier Tuesday, the board wrote particularly that President Trump’s rhetoric surrounding Barrett’s nomination and her swift affirmation to the Supreme Court docket only a week earlier than the presidential election are worrisome when rulings in instances involving voting points may have an effect on the end result of the race.
“The nomination and affirmation of a Supreme Court docket justice this near a presidential election is unprecedented,” the movement mentioned. “As regarding as that’s, what’s much more troubling is the language President Trump has utilized in consideration of this nomination, linking it on to the electoral season at hand, with implications for his personal re-election.”
Severino scoffed on the thought Tuesday evening.
“You had, for instance, Justices [Sonia] Sotomayor and [Elena] Kagan [who] sat on quite a few instances that President Obama was concerned in throughout [an] election 12 months, similar factor for [Ruth Bader] Ginsburg and [Justice Stephen] Breyer,” she mentioned.
“It has by no means been the usual that it’s important to recuse your self in instances that contain the president who appointed you, together with election-year instances,” Severino continued.
Barrett was confirmed Monday by the Senate in a 52-48 digital party-line vote. She is anticipated to start work as a justice on Tuesday after taking the second of two oaths required of judges by federal regulation. No justice has assumed workplace so near a presidential election or instantly confronted points so immediately tied to the incumbent president’s political and private fortunes.
Fox Information’ Vandana Rambaran and The Related Press contributed to this report.