Now that Solicitor General Paul Clement has weighed in on what could be the biggest securities case before the Supreme Court in decades, the next big mystery is how many justices will participate. Chief Justice John Roberts Jr. and Justice Stephen Breyer initially recused in the case, but rumors are circulating that one or both might rejoin. The notion of justices "unrecusing" causes discomfort among some ethics experts. But a new -- and little-noticed -- federal law may be encouraging the practice.
Issue of 'Strategic Recusals' Arises in Key Supreme Court Case
August 20, 2007