Courts

If Confirmed, Should Judge Kavanaugh Recuse Himself From Mueller-Related Supreme Court Cases?

This SCOTUS nominee thinks sitting presidents are 'above the law.'

(Photo by Jabin Botsford/The Washington Post via Getty Images)

I’m a no on this nominee. My colleagues should be a no on this nominee unless Judge Kavanaugh specifically commits that he will recuse himself on any issues that involve President Trump’s personal financial dealings or the special counsel.

— Senator Richard Blumenthal (D-Conn.), in recent remarks made about Supreme Court nominee Judge Brett Kavanaugh. Blumenthal said Kavanaugh could be the “swing vote” if a case involving the president and the Mueller investigation were to reach the Supreme Court. Democrats oppose Kavanaugh for a number of reasons, but specifically because he once argued that sitting presidents are above the law. In 2009, Kavanaugh penned an article published in the Minnesota Law Review where he stated that the indictment and trial of a sitting president could be a distraction that “would cripple the federal government.”


Staci ZaretskyStaci Zaretsky has been an editor at Above the Law since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.