Justice Kennedy was emphatic on this issue: “It doesn't matter whether or not the disqualified judge’s vote was important to the disposition of the situation. The truth that the fascinated judge’s vote was not dispositive may suggest only which the choose was profitable in persuading most users of your court to simply accept his / her placement — an consequence that doesn't reduce the unfairness to your afflicted get together.”
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In truth, You can find even a persuasive argument according to circumstance law that Main Justice Roberts and one other unaffected justices need to elevate the issue of recusal
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