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View Diary: House Democrats call for congressional hearings on Clarence Thomas (114 comments)

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  •  They didn't try retroactive recusal (0+ / 0-)

    but, they could do so now according to Rep. Slaughter.

    •  I think the Court (1+ / 0-)
      Recommended by:
      Villanova Rhodes

      could vacate its ruling, but one of the parties would have to petition for it.  Congress can't do so on its own, and nobody but the Justices can decide recusal.  Thomas would have either to be impeached or to agree to recusal in lieu of impeachment, and there'd still be a question whether the Court would even rehear the case.  The CU vote would otherwise be 4-4 and uphold the lower court upholding the statute, but the liberal justices might want to protect their prerogativse.

      "This world demands the qualities of youth: not a time of life but a state of mind[.]" -- Robert F. Kennedy

      by Loge on Wed Oct 05, 2011 at 02:25:26 PM PDT

      [ Parent ]

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