111 Iowa L. Rev. 895 (2026)

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Abstract

Public faith in the U.S. Supreme Court is plummeting and one of the major reasons has been the stumbling way that individual Justices in recent years have handled requests that, because of the appearance of bias, they should recuse themselves from participating in a series of high-profile cases before the Court. The Court’s November 2023 inaugural publication of a written substantive code of ethics on when recusal is warranted is plainly an important, though limited, step in the right direction. What is still missing, however, is a procedure for applying those substantive guidelines in individual matters to provide the public with at least some bare assurance that the guidelines are not mere lip service. Substantive criteria absent procedural regularity for their administration is an illusory promise.