Justice Stephen Breyer, author of the key opinion in last week's sentencing guidelines decision, consulted a legal ethics expert before deciding that he could rule on the issue. In light of Breyer's involvement in creating the federal guidelines -- first as a lawyer for the Senate Judiciary Committee and then as a member of the Sentencing Commission -- some legal experts argue that the justice had too much of a personal stake to participate in a case that would decide their constitutionality.
Breyer Sought Advice on Whether to Recuse in Sentencing Case
January 18, 2005
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