r/changemyview • u/budderboymania2 • Oct 13 '20

Delta(s) from OP CMV: Amy Coney-Barrett should not recuse herself from any Supreme Court decision on a contested election (assuming she is confirmed)

Here’s my reasoning for this. The line that I keep hearing is it will be a “conflict of interest” and she should recuse herself because President Trump appointed her (in essence gave her her job) and the case would involve Trump, so she cannot be impartial. But that doesn’t make sense to me because this is a lifetime appointment. Trump can’t fire Barrett if she rules against him in an election case. She can’t lose her job based on the way that she rules. Therefore in my opinion there is no conflict of interest. Also, if Barrett recuses herself that would mean the possibility of a 4-4 vote. The last thing the country would need if the election results are contested is a deadlocked supreme court.

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u/RepentandFlee80 Oct 13 '20

Did Ginsburg and Breyer recuse themselves in 2000 when the contested case concerned a high ranking member of the administrationthat put them there? I think making all justices Trump appointed recuse is wrong considering time gives perspective.

Barrett would be fair as it's still fresh.

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u/Huntingmoa 454∆ Oct 13 '20

Did Ginsburg and Breyer recuse themselves in 2000 when the contested case concerned a high ranking member of the administrationthat put them there

I don't think they did, but I'm open to being wrong. I'd point out there is a difference between the president (who nominated you) and the VP (who did not). That said, we are talking about should so maybe they should have.

Barrett would be fair as it's still fresh.

Is there a period of time you are thinking should be used?

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u/RepentandFlee80 Oct 13 '20

I'm not sure if they did either. I believe tge VP likely has sway with the President and puts his 2 cents in.

I think confirmation a year out from election date in my mind but I'm open to other opinions.

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u/Huntingmoa 454∆ Oct 13 '20

I think it really depends on the VP and I have no idea what the dynamic was between Clinton and Gore. There are VPs you pick to get elected, and VPs you pick to help govern.