As more information becomes public about Ginni Thomas’s efforts to overturn the 2020 election results, there is increasing pressure on her husband, Justice Clarence Thomas, to recuse himself from election-related cases. But what are the rules around recusal for Supreme Court justices? And who can enforce them?

Preet speaks with Kathleen Clark, an expert in legal ethics and a professor at Washington University in St. Louis School of Law, about whether Justice Thomas should recuse — and the likelihood that he will. 

Stay Tuned in Brief is presented by CAFE and the Vox Media Podcast Network. Please let us know what you think! Email us at [email protected], or leave a voicemail at 669-247-7338.

References and Supplemental Materials:

28 U.S. Code § 455 - Disqualification of justice, judge, or magistrate judge

Texas v. Pennsylvania (2020)

Justice Scalia’s memorandum on recusal, Richard B. Cheney v. District Court for the District of Columbia (2004)

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