er on the bench, she must recuse herself. Federal law is quite specific here. Title 28 U.S. Code sec. 455 covers recusal of judges, justices, and magistrate judges. Sec, 455 (b)(3) recites one ground for mandatory recusal: "Where [a judge, justice, magistrate judge] 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." Sec. 455 (e) adds: "No justice, judge or magistrate judge shall accept from the parties to the proceeding a waiver of any ground for disqualification enumerated in subsection (b)."
With her role in helping form the "War on Terror" legal framework with the President she would be forced to recuse herself. Now while I am against the Bush White House on some of these issues I do think that because of her role in so many controversial issues that Bush has brought to our national legal lexicon this will muck up the court for years to come.
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