Letting other justices second-guess their colleagues’ recusal decisions would be undesirable, Chief Justice Roberts wrote.
“The Supreme Court does not sit in judgment of one of its own members’ decision whether to recuse in the course of deciding a case,” he wrote. “Indeed, if the Supreme Court reviewed those decisions, it would create an undesirable situation in which the court could affect the outcome of a case by selecting who among its members may participate.”
Speaking at a news conference on Capitol Hill on Tuesday, Speaker Nancy Pelosi, Democrat of California, said she believed Supreme Court justices should face a stricter code of ethics, adding that she had suggested to Democratic lawmakers that they hold a hearing highlighting such a provision in their voting, ethics and campaign finance bill.
“I hear people say from time to time, ‘Well, it’s a personal decision of a judge as to whether he should recuse himself,’” Ms. Pelosi said. “Well, if your wife is an admitted and proud contributor to a coup of our country, maybe you should weigh that in your ethical standards.”
While Chief Justice Roberts may lack formal power over his colleagues, it is at least conceivable that Justice Thomas would consult him on whether the activities of his wife, who goes by Ginni, should require recusal in some cases.
At a 2019 budget hearing before a House committee, Justice Elena Kagan said that when she and other members of the court confronted ethical issues they sometimes sought advice from one another, and especially from Chief Justice Roberts.
“Maybe we’ll consult with our colleagues, or some of them,” she added. “The chief justice in particular.”