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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