[Ed. – That would get the court down from eight to seven, if Barrett were confirmed but also recused. Of course, it would also remove two key constitutionalist justices from the deliberations and ruling(s). I’m sure that wasn’t Mr. King’s primary intent.]
Colbert I. King, in the Washington Post, argues that Clarence Thomas should recuse himself from any case involving the 2020 election because Thomas has believed since 1991 that Joe Biden is a two-faced liar:
By any measure, Thomas’s confirmation hearing was one of the most acrimonious and polarizing congressional events of the 20th century. . . . The chairman of that committee was Biden, whom Thomas characterizes in his book as a liar. . . . “Senator Biden’s smooth insincere promises that he would treat me fairly were nothing but talk.
The test for recusal from Supreme Court cases is very high: Elena Kagan did not recuse from the Obamacare cases even though she had been Solicitor General organizing some of the early legal defenses of Obamacare. …
It’s notable that King managed to get through writing this entire column without even mentioning that Justice Kagan once worked for Biden: As special counsel to the Senate Judiciary Committee for Supreme Court nominations, she spearheaded the confirmation hearings for Ruth Bader Ginsburg.