Brrrrrrrr!! I bet it looks beautiful, NIKK.
He grant's Stein's recusal motion, but blisters her and the courts in the process.
After the disintegration of the political question doctrine and such cases as Bush v Gore,6 courts are increasingly called upon to settle frank political questions. Now, more than ever, a bit of judicial restraint is required to resist the calls of political sirens who urge the courts to engage in politics by another name.7With reluctance, and for being a name on a list, 8 I grant intervening defendant's motions for disqualification because of the unique circumstances of this case--a challenge of the state's delegation to the College of Electors assigned to the president-elect--that has brought national attention to this matter. I do so in order that the decision made by my colleagues in this case will not be legitimately challenged by base speculation and groundless innuendo by the partisans in this controversy and beyond.
7 The need for such restraint is illustrated by the actions taken by another law school classmate, federal judge Mark Goldsmith, who has already taken it upon himself judicially to alter the recount process our Legislature has unambiguously created. See Stein v Thomas, opinion and order of the United States District Court for the Eastern District of Michigan, issued December 5, 2016 (Case No. 16-cv-14233). See also, Stein v Thomas, order of the United States Court of Appeals for the Sixth Circuit , entered December 6, 2016 (Case No. 16-2690) (affirming Judge Goldsmith's injunction but reminding him that he must dissolve it if the Michigan courts dismiss the recount petition.)
8 My presence on "the list" creates a conflict. Even though no one representing the president-elect has ever contacted me or asked whether I am interested in serving on the United States Supreme Court, being listed is a potential boon, however remote. And now that the person offering this boon is a party in my Court, it is appropriate to remedy this conflict by declining to participate in this matter.