28 U.S.C. § 455 : US Code – Section 455: Disqualification of justice, judge, or magistrate judge
(b) He shall also disqualify himself in the following circumstances:
(4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding;
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28 U.S.C. § 455 : US Code – Section 455: Disqualification of justice, judge, or magistrate judge
(b) He shall also disqualify himself in the following circumstances:
(3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy;
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Opinion:
Despite what Republicans and Democrats will argue in the coming months, Supreme Court Justices Thomas and Kagan are both in violation of 28 U.S.C. § 455 and must recuse themselves from ruling on the Patient Protection and Affordable Care Act. In light of the clear language of 28 U.S.C. § 455 highlighted in the sections above, any attempt by the parties in question to obfuscate the issue of disqualification should be viewed as an assault on our intelligence.
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