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NAACP v. Moore

The Brennan Center filed an amicus brief on behalf of neither party detailing best practices for consideration of recusal motions and arguing that the legal community’s thinking has evolved to understand that independent review of recusal motions is essential.

Published: November 4, 2021

Back­ground

NAACP v. Moore involves a chal­lenge to two legis­lat­ively-proposed consti­tu­tional amend­ments, one about the state’s income tax and one about voter ID. The NAACP plaintiffs filed a motion to disqual­ify two justices, one because his father is a named defend­ant (and the major­ity leader of the state senate) and the other because she is a former legis­lator who draf­ted the propos­als. 

Amicus Brief

On Novem­ber 4, 2021 the Bren­nan Center filed an amicus brief on behalf of neither party in response to the court asking for special brief­ing on what process they should follow for decid­ing the recusal motion. Rely­ing on our expert­ise as to recusal proced­ure, the Bren­nan Center’s brief details best prac­tices for consid­er­a­tion of recusal motions and argues that the legal community’s think­ing has evolved to under­stand that inde­pend­ent review of recusal motions is essen­tial.

Amicus Briefs in Support of Neither Party