Justices decide for themselves when to step aside from cases
Associated PressWASHINGTON — Reports that the wife of Supreme Court Justice Clarence Thomas implored Donald Trump’s White House chief of staff to act to overturn the 2020 election results have put a spotlight on how justices decide whether to step aside from a case. While the Supreme Court did not step into any election cases brought by Trump and other Republicans, Justice Thomas took part in the consideration of whether to hear those cases. The court, with Thomas participating, also threw out a challenge from Texas calling on the justices to temporarily set aside electoral votes from four states Biden won — enough votes to potentially undo the outcome. Justice Stephen Breyer routinely doesn’t take part in cases decided in the lower court by his brother, U.S. District Judge Charles Breyer.