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Justices' Stock Portfolios Cripple Cases

Supreme Court left deadlocked by recusals amid calls to divest

By Harry Kimball,  Newser Staff

Posted Mar 7, 2008 7:35 PM CST

(Newser) – The stock portfolios of Supreme Court justices have become a flash point this term, in which six cases could be affected by justices recusing themselves because they own financial stakes in companies involved. Chief Justice John Roberts, Justice Samuel Alito, and Justice Stephen Bryer have bowed out of cases involving Pfizer, Exxon and Cisco, respectively—apparently because of stock holdings, Bloomberg reports.

Recusals by Roberts in one case, and Justice Anthony Kennedy in another (involving special education), have already led to the first 4-4 verdicts since 2003. Court-watchers: “We know it's important enough for the court to take, but we don't know the answer,” one expert said. The perceived reason is also irritating, and some think justices should just "dump the whole portfolio.”

Tugboats pull the crippled tanker Exxon Valdez toward Naked Island in Alaska's Prince William Sound, in this Wednesday, April 5, 1989, file photo after the ship was pulled from Bligh Reef, where it grounded on March 24, and spilled nearly 11 million gallons of oil into the water. Exxon Mobil...
Tugboats pull the crippled tanker Exxon Valdez toward Naked Island in Alaska's Prince William Sound, in this Wednesday, April 5, 1989, file photo after the ship was pulled from Bligh Reef, where it grounded...   (Associated Press)
Supreme Court justices, from left, Chief Justice John Roberts, Anthony Kennedy, Stephen Breyer and Samuel Aliton appaud President Bush's State of the Union address before a joint session of Congress, Monday Jan. 28, 2008, on Capitol Hill in Washington. (AP Photo/J. Scott Applewhite)
Supreme Court justices, from left, Chief Justice John Roberts, Anthony Kennedy, Stephen Breyer and Samuel Aliton appaud President Bush's State of the Union address before a joint session of Congress,...   (Associated Press)
Supreme Court justices, from left, Chief Justice John Roberts, Anthony Kennedy, Stephen Breyer and Samuel Alito wait the start of President Bush's State of the Union address before a joint session of Congress, Monday Jan. 28, 2008, on Capitol Hill in Washington. (AP Photo/J. Scott Applewhite)
Supreme Court justices, from left, Chief Justice John Roberts, Anthony Kennedy, Stephen Breyer and Samuel Alito wait the start of President Bush's State of the Union address before a joint session of...   (Associated Press)
Supreme Court Justice Anthony Kennedy testifies before a Senate Judiciary Committee hearing on Capitol Hill in Washington in this Feb. 14, 2007, file photo.  The Supreme Court adopted the more graphic approach Wednesday, April 18, 2007 as a conservative majority of justices upheld a nationwide ban on a controversial abortion...
Supreme Court Justice Anthony Kennedy testifies before a Senate Judiciary Committee hearing on Capitol Hill in Washington in this Feb. 14, 2007, file photo. The Supreme Court adopted the more graphic...   (Associated Press)
A line forms outside the Supreme Court in Washington, Wednesday, Feb. 27, 2008, prior to the court's Exxon Valdez case. The justices heard arguments to consider Exxon Mobil's bid to overturn, or at least reduce, the $2.5 billion punitive-damage award for the Prince William Sound tanker spill, the largest...
A line forms outside the Supreme Court in Washington, Wednesday, Feb. 27, 2008, prior to the court's Exxon Valdez case. The justices heard arguments to consider Exxon Mobil's bid to overturn, or at least...   (Associated Press)
John Roberts, Chief Justice of the U.S. Supreme Court address students at a university forum at Brigham Young University, Tuesday, Oct.  23, 2007.  (AP Photo/ George Frey)
John Roberts, Chief Justice of the U.S. Supreme Court address students at a university forum at Brigham Young University, Tuesday, Oct. 23, 2007. (AP Photo/ George Frey)   (Associated Press)
Associate Justice of the U.S. Supreme Court Clarence Thomas speaks at Marshall University in Huntington, W.Va., in this Sept. 10, 2007, file photo. Breaking his 16-year public silence on his bitter confirmation hearings, Thomas says Anita Hill was a mediocre employee, who was used by political opponents to...
Associate Justice of the U.S. Supreme Court Clarence Thomas speaks at Marshall University in Huntington, W.Va., in this Sept. 10, 2007, file photo. Breaking his 16-year public silence on his bitter confirmation...   (Associated Press)
John G. Roberts, 2nd from left, the chief justice of the U.S. Supreme Court is flanked by Supreme Court Associate Justices Stephen Breyer, left, Ruth Bader Ginsburg, 2nd from right and Anthony Kennedy pose outside the Elysee Palace in Paris, before meeting French President Nicolas Sarkozy, Monday, July 16,...
John G. Roberts, 2nd from left, the chief justice of the U.S. Supreme Court is flanked by Supreme Court Associate Justices Stephen Breyer, left, Ruth Bader Ginsburg, 2nd from right and Anthony Kennedy...   (Associated Press)
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