AP Photo/Susan Walsh
According to 28 USC 455, a Supreme Court justice must recuse from “any proceeding in which his impartiality might reasonably be questioned.” The law also says a justice must recuse anytime he has “expressed an opinion concerning the merits of the particular case in controversy” while he “served in governmental employment.”Emails between Elena Kagan and Harvard Law Prof. Laurence Tribe, have finally been released per freedom of information act.
