Disqualification of justice, judge, or magistrate judge

Since this is a federal law, why can't the Justice Dept. file suit to have them disqualified from election related decisions? 

See 28 U.S. Code § 455. Since both Alito and Thomas blame their wives, see the following. 

Section (a): Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.

Section (b): He shall also disqualify himself in the following circumstances:
(5)(iii): He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person, is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding.

Per the Legal Information Institute at Cornell Law School this includes Supreme Court Justices: "Justice is a title conferred upon a judge of the U.S. Supreme Court, the federal courts of appeal, or the state courts of appeal." 

PS: Also note that the Supreme Court Code of Ethics has a section very similar to the above concerning spouses, Canon 3B(2)(d)(iii), but lacks any enforcement. But the federal law above can indeed be enforced by the Justice Dept., so let's bug them at Criminal.Division@usdoj.gov or Civil.Feedback@usdoj.gov.


 

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