Supreme Court of the United States · Official docket →
Ali Hamza Ahmad Suliman al Bahlul v. United States
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-1097, 22-1173 · judgment July 25, 2023
Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
The federal disqualification statute, 28 U.S.C. §455, compels federal judges to recuse themselves “in any proceeding in which [their] impartiality might reasonably be questioned.” Id. §455(a). That statute specifies that disqualification is “also” required if a judge, while previously serving in government, “participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy.” Id. §455(b)(3).
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Does §455(b)(3) require recusal when a federal judge is assigned to a case involving the same parties, same facts, and same issues as a case in which they previously appeared as counsel for the government?
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Does §455(b)(3) provide the exclusive basis for federal judges’ disqualification based upon their previous government service, as the D.C. Circuit holds, or is recusal still independently warranted under §455(a), where a judge’s previous government service gives rise to reasonable questions about their impartiality, as at least the First, Fourth, Seventh, and Ninth Circuits hold?
Counsel of record
For petitioner
Michel Paradis
U.S. Department of Defense, MCDO
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Oct 07 2024Petition DENIED. Justice Gorsuch and Justice Kavanaugh took no part in the consideration or decision of this petition.
- Jul 17 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 15 2024Reply of petitioner Ali Hamza Suliman al Bahlul filed.
- Jul 01 2024Brief of respondent United States in opposition filed.
- May 24 2024Motion to extend the time to file a response is granted and the time is further extended to and including July 1, 2024.
- May 22 2024Motion to extend the time to file a response from May 31, 2024 to July 1, 2024, submitted to The Clerk.
- May 02 2024Brief amici curiae of Center for Ethics and the Rule of Law at the University of Pennsylvania, et al. filed.
- May 02 2024Brief amici curiae of James J. Alfini, et al. filed.
- Apr 24 2024Brief amicus curiae of Association of Professional Responsibility Lawyers filed.
- Apr 08 2024Motion to extend the time to file a response is granted and the time is extended to and including May 31, 2024.
- Apr 05 2024Motion to extend the time to file a response from May 2, 2024 to May 31, 2024, submitted to The Clerk.
- Mar 29 2024Petition for a writ of certiorari filed. (Response due May 2, 2024)
- Jan 04 2024Application (23A600) granted by The Chief Justice extending the time to file until March 29, 2024.
- Dec 27 2023Application (23A600) to extend the time to file a petition for a writ of certiorari from January 29, 2024 to March 29, 2024, submitted to The Chief Justice.