DOJ faces ethics nightmare with Trump bid for $230M settlement; The Hill, October 31, 2025

REBECCA BEITSCH, The Hill; DOJ faces ethics nightmare with Trump bid for $230M settlement

[Kip Currier: This real life "nightmare" scenario is akin to a hypothetical law school exam fact pattern with scores of ethics issues for law students to identify and discuss. Would that it were a fictitious set of facts.

If Trump's former personal attorneys, who are now in the top DOJ leadership, will not recuse themselves due to genuine conflicts of interest and appearances of impropriety, will the state and federal bar associations, who license these attorneys and hold them to annual continuing legal and ethics-related education requirements so they can remain in good standing with their respective licensing entities, step in to scrutinize potential ethical lapses of these lawyers?

These unprecedented actions by Trump must not be treated as normal. Similarly, if Trump's former personal attorneys approve Trump's attempt to "shake down" the federal government and American taxpayers, their ethically dubious actions as DOJ leaders and officers of the court must not be normalized by the organizations that are charged to enforce ethical standards for all licensed attorneys.

Moreover, approval of this settlement would be damaging to the rule of law and to public trust in the rule of law. If the most powerful person on the planet can demand that an organization -- whose leadership reports to him -- pay out a "settlement" for lawfully-conducted actions and proceedings in a prior administration, what does that say about the state of justice in the U.S.? I posit that it would say that it is a justice system that has been utterly corrupted and that is not subject to equal application of its laws and ethical standards. No person is above the law, or should be above the law in our American system of government and checks and balances. Not even the U.S. President, despite the Roberts Court's controversial Trump v. U.S. July 2024 ruling recognizing absolute and limited Presidential immunity in certain spheres.

Finally, a few words about "speaking out" and "standing up". It is vital for those who are in leadership positions to call out actions like the ones at hand that arguably undermine the rule of law and incrementally move this country from one that is democratically-centered to an autocratic nation state like Russia. I searched for and could find no statement by the American Bar Association (ABA) on this matter, a matter that is clearly relevant to its membership, of which I count myself as a member.

Will the ABA and other legal organizations share their voices on these matters that have such far-reaching implications for the rule of law and our nearly 250-year democratic experiment?

The paperback version of my Bloomsbury book, Ethics, Information, and Technology, becomes available on November 13, and I intentionally included a substantial professional and character ethics section at the outset of the book because those principles are so integral to how we conduct ourselves in all areas of our lives. Ethics precepts and values like integrity, attribution, truthfulness and avoidance of misrepresentation, transparency, accountability, and disclosure of conflicts of interest, as well as recusal when we have conflicts of interest.]

[Excerpt]

"The Department of Justice (DOJ) is facing pressure to back away from a request from President Trump for a $230 million settlement stemming from his legal troubles, as critics say it raises a dizzying number of ethical issues.

Trump has argued he deserves compensation for the scrutiny into his conduct, describing himself as a victim of both a special counsel investigation into the 2016 election and the classified documents case.

The decision, however, falls to a cadre of attorneys who previously represented Trump personally.

Rupa Bhattacharyya, who reviewed settlement requests in her prior role as director of the Torts Branch of the DOJ’s Civil Division, said most agreements approved by the department are typically for tens of thousands of dollars or at most hundreds of thousands.

“In the ordinary course, the filing of administrative claims is required. So that’s not unusual. In the ordinary course, a relatively high damages demand on an administrative claim is also not that unusual. What is unusual here is the fact that the president is making a demand for money from his own administration, which raises all sorts of ethical problems,” Bhattacharyya told The Hill.

“It’s also just completely unheard of. There’s never been a case where the president of the United States would ask the department that he oversees to make a decision in his favor that would result in millions of dollars lining his own pocket at the expense of the American taxpayer.”

It’s the high dollar amount Trump is seeking that escalates the decision to the top of the department, leaving Deputy Attorney General Todd Blanche, as well as Associate Attorney General Stanley Woodward, to consider the request."

SUPREME COURT ETHICS ISSUES TRACE TO JOHN ROBERTS’ ‘ORIGINAL SIN,’ NEW BOOK ALLEGES; Rolling Stone, September 30, 2025

TESSA STUART , Rolling Stone; SUPREME COURT ETHICS ISSUES TRACE TO JOHN ROBERTS’ ‘ORIGINAL SIN,’ NEW BOOK ALLEGES

"The Hamdan case, Graves argues, was Roberts’ “original sin,” and one that goes a long way toward explaining why Roberts has failed so spectacularly as successive ethics scandals have engulfed the high court. “If you realize what he did to get the job — staying on that case that he had no business staying on, a case where the Supreme Court reversed him ultimately — I think that it reveals that we’ve placed false hope in Roberts being fair, and in Roberts not being motivated by his own desire for power.”"

Judge’s reopening of ‘Alligator Alcatraz’ raises ethical concerns; Prism, September 29, 2025

Alexandra Martinez, Prism; Judge’s reopening of ‘Alligator Alcatraz’ raises ethical concerns

"A U.S. appeals court ruled on Sept. 4 to keep Florida’s controversial “Alligator Alcatraz” detention center operating while an appeal plays out, after a district court ruling to shut down the facility. The judge who authored the 2-1 majority opinion was 11th Circuit Court of Appeals Judge Barbara Lagoa. 

Some immigrant rights advocates and local leaders argue that Lagoa’s role in overseeing the case, filed in part against Florida’s government, raises ethical concerns. Lagoa is married to attorney Paul Huck, a partner at Lawson Huck Gonzalez, one of Florida’s most politically connected conservative law firms. The firm is earning millions of dollars from contracts tied to the state’s other legal battles. The firm is not involved in the “Alligator Alcatraz” lawsuit."

Medicare Will Require Prior Approval for Certain Procedures; The New York Times, August 28, 2025

Reed Abelson and Teddy Rosenbluth , The New York Times; Medicare Will Require Prior Approval for Certain Procedures

[Kip Currier: Does anyone who receives Medicare -- or cares about someone who does -- really think that letting AI make "prior approvals" for any Medicare procedures is a good thing?

Read the entire article, but just the money quote below should give any thinking person heart palpitations about this AI Medicare pilot project's numerous red flags and conflicts of interest...]

[Excerpt]

"The A.I. companies selected to oversee the program would have a strong financial incentive to deny claims. Medicare plans to pay them a share of the savings generated from rejections."

Ethics Panel Rebukes Congressman for Wife’s Stock Trade in Firm He Helped; The New York Times, July 25, 2025

Carl Hulse , The New York Times; Ethics Panel Rebukes Congressman for Wife’s Stock Trade in Firm He Helped

"The House Ethics Committee on Friday rebuked a Republican congressman from Pennsylvania and urged him and his wife to sell their holdings in a steel company in his district after a four-year investigation into a stock trade found that he had violated the House’s official code of conduct.

In its report, the committee cited Representative Mike Kelly, a member of the Ways and Means Committee, for a “lack of candor” in its inquiry into 2020 trades by his wife, Victoria, involving a local steel company that was seeking government intervention to prevent layoffs or the closure of its plant in Butler, Pa., in Mr. Kelly’s district.

Mr. Kelly was actively lobbying the Trump administration for trade protections for the plant, newly purchased by the company Cleveland-Cliffs, and learned that the Commerce Department was going to intervene in favor of the firm. The next day — five days before the Commerce action was made public — his wife purchased 5,000 shares of Cleveland-Cliffs stock. She later sold the stock at a nearly $65,000 profit, a roughly 285-percent gain.

Members of Congress are prohibited from using confidential information for financial benefit and must disclose transactions by them or close family members valued at more than $1,000, but efforts to tighten those rules or bar lawmakers from trading stocks altogether have so far been unsuccessful. That has created an environment rife with potential conflicts of interest, in which many lawmakers who are active in the stock market have unique insight into or influence over companies whose shares they are buying and selling."

Superman’s Other Secret Weakness? Journalism Ethics.; The New York Times, July 11, 2025

George Gene Gustines , The New York Times; Superman’s Other Secret Weakness? Journalism Ethics.

"If Superman’s greatest weakness is green kryptonite, then Clark Kent’s may well be the ethics of journalism — thanks to his work as a reporter who has to cover his own heroic alter ego. It is a conflict in the character apparent since his first comic book appearance."

WaPo Columnist Flames Jeff Bezos After Quitting in Protest; The Daily Beast, July 10, 2025

Corbin Bolies  , The Daily Beast; WaPo Columnist Flames Jeff Bezos After Quitting in Protest

"Davidson said in the Facebook post the spiked piece centered on what he believed was a hallmark of President Donald Trump’s second term, “his widespread, ominous attack on thought, belief and speech,” and referenced federal officials’ comments and Trump’s own executive orders. 

But the Post spiked the column, according to Davidson. He said he tried to write two more pieces to test his resilience under the new policy, but that he bristled when editors objected to his use of “well-deserved” when describing a potential pay raise for federal employees...

“Bezos’s policies and activities have projected the image of a Donald Trump supplicant. The result: fleeing journalists, plummeting morale and disappearing subscriptions,” Davidson wrote.

“Nonetheless, Post coverage of Trump remains strong,” he added. “Yet the policy against opinion in News section columns means less critical scrutiny of Trump—a result coinciding with Bezos’ unseemly and well-documented coziness with the president.”

Emil Bove’s ‘I’m Not A Henchman’ T-Shirt Has People Asking Questions At Judicial Confirmation Hearing; Above The Law, June 26, 2025

 Liz Dye  , Above The Law; Emil Bove’s ‘I’m Not A Henchman’ T-Shirt Has People Asking Questions At Judicial Confirmation Hearing

"Emil Bove, III began his career at the Southern District of New York, where he was by all accounts a competent prosecutor. His management style left something to be desired, however, and he was denied promotion for “abusive” behavior

(Opens in a new window) toward his subordinates...

Third Circuit, here he comes!

On Wednesday, June 25, Bove appeared before the Senate Judiciary Committee, which is considering his nomination to the Third Circuit.

He opened by insisting, “I am not anybody’s henchman, I am not an enforcer. I’m a lawyer from a small town, who never expected to be in an arena like this.”

That is horseshit, of course. No one gets to “an arena like this” without a healthy dose of ambition. Note that Bove’s aw shucks modesty didn’t extend to telling the White House that he’d be a more appropriate nominee the US District Court.

And although his tone during the hearing was measured, his willingness to twist the truth was on full display

Asked about the Adams case, Bove pointed to the order dismissing the charges(Opens in a new window) as proof that he’d behaved appropriately. In reality, the Justice Department’s refusal to prosecute left the court little choice. And Judge Dale Ho denied the DOJ’s request to dismiss without prejudice, because allowing the Trump administration to reap the benefits of a corrupt bargain would be “difficult to square with the words engraved above the front entrance of the United States Supreme Court: ‘Equal Justice Under Law.’”

Bove denied telling subordinates to defy a court order, but said he just plum couldn’t remember if he’d told them to give the bird to a federal judge.

Over and over he simply refused to answer questions based on spurious claims about the deliberative process privilege. But, he assured the senators, all was on the up and up, even if he couldn’t commit(Opens in a new window) to recusing from cases involving his former client Donald Trump.

And if any Republican senator might be tempted to vote no, he brought out the big guns. Alan Dershowitz, late of Harvard Law (and his marbles), sent a letter(Opens in a new window) to the Judiciary Committee gushing that “Mr. Bove’s superior character, demeanor and diligence are evident throughout his time as Principal Associate Deputy Attorney General, as well as in private practice.”"

(Opens in a new windowtoward his subordinates.

Trump attacks Watergate laws in massive shift of ethics system; The Washington Post, June 21, 2025

Naftali Bendavid, The Washington Post; Trump attacks Watergate laws in massive shift of ethics system

"Then-Rep. Elizabeth Holtzman was 32 when, as a member of the House Judiciary Committee, she voted in 1974 for three articles of impeachment against President Richard M. Nixon. She spent the next few years as part of a Congress that passed wave after wave of laws to rein in future presidents.

A half-century later, Holtzman, a New York Democrat, is watching as President Donald Trump takes aim at post-Watergate reforms on transparency, spending, conflicts of interest and more. By challenging and disregarding, in letter or in spirit, this slew of 1970s laws, Trump is essentially closing the 50-year post-Watergate chapter of American history — and ushering in a new era of shaky guardrails and blurred separation of powers.

“We didn’t envision this,” Holtzman said. “We saw Nixon doing it, but he hadn’t done it on this vast a scale. Trump is saying, ‘Congress cannot tell me what to do about anything.’”...

This broad rejection of the post-Watergate laws underlines the country’s shift from an era focused on clean government and strict ethics to the rise of a president whose appeal stems in part from his willingness to violate such rules and constraints.

“There has been a collapse, at least temporarily, of the kind of outrage and ethical standards that were prevalent during the days of Watergate,” said Richard Ben-Veniste, who headed the special counsel’s Watergate Task Force."

As Trump shatters ethics norms with a Qatari jet and a $499 smartphone, experts lament Biden’s ‘failure’ to pass reforms; CNN, June 17, 2025

Marshall Cohen, CNN; As Trump shatters ethics norms with a Qatari jet and a $499 smartphone, experts lament Biden’s ‘failure’ to pass reforms

"Ethics watchdogs rarely mince words about President Donald Trump.

They’ve called him the most corrupt and conflicted president in US history. And since he returned to the White House, they’ve watched with horror as he privately dined with wealthy investors for his personal memecoin fund, brazenly accepted a $400 million luxury airplane from Qatar and purged inspectors general from federal agencies.

Adding to their long list of gripes, the president’s company announced Monday that it was launching Trump Mobile, a wireless service with monthly plans and a $499 smartphone, which would be regulated by many of the federal agencies now run by Trump appointees.

That has led to soul-searching among Washington, DC’s self-appointed ethics watchdogs at advocacy groups and think tanks, who are wondering how this could’ve been prevented. Some have championed liberal causes for years; others aren’t beholden to either party but are stunned by Trump’s sea-change to the ethics landscape.

While they primarily hold Trump responsible for his own actions, they’re increasingly concluding that former President Joe Biden also deserves some of the blame.

“The single biggest failure of the Biden administration was that he and Congress didn’t pass any post-Watergate-style reforms,” said Dylan Hedtler-Gaudette, director of government affairs at the nonpartisan Project on Government Oversight. “President Biden had zero interest in doing that, and congressional Democrats didn’t have much interest.”"

Close Trump Allies Sponsored the Military Parade, Raising Ethical Concerns; The New York Times, June 15, 2025

Minho Kim, The New York Times ; Close Trump Allies Sponsored the Military Parade, Raising Ethical Concerns

"Federal regulations prohibit the use of public office for the private gain of officeholders or their friends, relatives or nongovernmental affiliates, said Richard W. Painter, who served as the chief ethics lawyer in the White House Counsel’s Office under President George W. Bush.

“The parade is being used for advertising by these entities with close business ties to the president,” Mr. Painter said in an interview. “You’re in a situation where the U.S. government has been used to endorse a product.”

If he had been Mr. Trump’s chief ethics lawyer, he added, he would have not wanted the sponsorships at all. Such an arrangement would be acceptable only if the companies were to pay for the entire event, Mr. Painter said, allowing the government to host the celebration without paying any tax dollars. The military parade was estimated to cost up to $45 million."

RFK Jr. Conducts His Vaccine Purge: His claims about conflicts of interest proved to be nothing.; Wall Street Journal, June 10, 2025

The Editorial Board , Wall Street Journal; RFK Jr. Conducts His Vaccine Purge: His claims about conflicts of interest proved to be nothing.

"We’d like to conclude we were wrong to oppose Robert F. Kennedy Jr. to run the Health and Human Services Department, but alas, no. The latest evidence is his purge of a vaccine advisory panel."

A Comprehensive Accounting of Trump’s Culture of Corruption; The New York Times, June 7, 2025

 The Editorial Board, The New York Times; A Comprehensive Accounting of Trump’s Culture of Corruption

"The message seemed obvious enough: People who make Mr. Trump richer regularly receive favorable treatment from the government he runs.

The cryptocurrency industry is perhaps the starkest example of the culture of corruption in his second term. He and his relatives directly benefit from the sale of their cryptocurrency by receiving a cut of the investment. Even if the price of the coins later falls and investors lose money, the Trumps can continue to benefit by receiving a commission on future sales. Forbes magazine estimates that he made about $1 billion in cryptocurrency in the past nine months, about one-sixth of his net worth...

The self-enrichment of the second Trump administration is different from old-fashioned corruption. There is no evidence that Mr. Trump has received direct bribes, nor is it clear that he has agreed to specific policy changes in exchange for cash. Nonetheless, he is presiding over a culture of corruption. He and his family have created several ways for people to enrich them — and government policy then changes in ways that benefit those who have helped the Trumps profit. Often Mr. Trump does not even try to hide the situation. As the historian Matthew Dallek recently put it, “Trump is the most brazenly corrupt national politician in modern times, and his openness about it is sui generis.” He is proud of his avarice, wearing it as a sign of success and savvy.

This culture is part of Mr. Trump’s larger efforts to weaken American democracy and turn the federal government into an extension of himself. He has pushed the interests of the American people to the side, in favor of his personal interests. His actions reduce an already shaky public faith in government. By using the power of the people for personal gain, he degrades that power for any other purpose. He stains the reputation of the United States, which has long stood out as a place where confidence in the rule of law fosters confidence in the economy and financial markets. This country was not previously known as an executive kleptocracy."

Trump defies ethics warnings with private meme coin dinner; Axios, May 22, 2025

Brady Dale, Axios; Trump defies ethics warnings with private meme coin dinner

"The president hosted a highly anticipated "exclusive" dinner for the largest holders of his meme coin, Official Trump, at his golf club in Virginia on Thursday night.

Why it matters: Fight Fight Fight, LLC — a company linked to President Trump's family — sold a digital token that gave anyone in the world a chance to pay for a night of access to the commander-in-chief.

• The promotion has stunned ethics experts. One Democrat called it "the biggest corruption scandal in the history of the White House."
• 
  
• White House press secretary Karoline Leavitt denied any conflicts of interest but refused to release the list of attendees, telling reporters: "The president is attending it in his personal time. It is not a White House dinner.""

A Plane From Qatar? C’mon, Man.; The New York Times, May 14, 2025

Norman Eisen, Virginia Canter, and Richard W. Painter

The writers were ethics counsels in the Clinton, George W. Bush and Obama White Houses., The New York Times; A Plane From Qatar? C’mon, Man.

"As lawyers responsible in recent White Houses for enforcing the rules against foreign government presents for presidents, we believe Donald Trump is transgressing them in the most brazen of ways. We’re not just talking about his apparent eagerness to accept an airplane valued at about $400 million from Qatar. His crypto entanglements are just as bad — perhaps even worse." 

Trump Is Poised to Accept a Luxury 747 From Qatar for Use as Air Force One; The New York Times, May 11, 2025

 Maggie HabermanEric Schmitt and Glenn Thrush, The New York Times; Trump Is Poised to Accept a Luxury 747 From Qatar for Use as Air Force One

"The Trump administration plans to accept a luxury Boeing 747-8 plane as a donation from the Qatari royal family that will be upgraded to serve as Air Force One, which would make it one of the biggest foreign gifts ever received by the U.S. government, several American officials with knowledge of the matter said.

The plane would then be donated to President Trump’s presidential library when he leaves office, two senior officials said. Such a gift raises the possibility that Mr. Trump would have use of the plane even after his presidency ends.

While a Qatari official described the proposal as still under discussion and the White House said that gifts it accepted would be done in full compliance with the law, Democratic lawmakers and good government groups expressed outrage over the substantial ethical issues the plan presented. They cited the intersection of Mr. Trump’s official duties with his business interests in the Middle East, the immense value of the lavishly appointed plane and the assumption that Mr. Trump would have use of it after leaving office. Sold new, a commercial Boeing 747-8 costs in the range of $400 million."

Former Secretary of State Fagan Seeks to Settle With the Ethics Commission; Willamette Week, May 6, 2025

Sophie Peel , Willamette Week; Former Secretary of State Fagan Seeks to Settle With the Ethics Commission

"Former Secretary of State Shemia Fagan, who resigned in May 2023 after WW revealed she’d signed a $10,000 monthly consulting contract with two of her top campaign donors, is seeking to settle twin cases with the Oregon Government Ethics Commission.

As first reported by the Salem Statesman-Journal, Fagan agreed last week to pay a $1,600 fine stemming from two incidents that resulted in complaints filed with the OGEC: her consulting agreement with the co-owners of cannabis chain La Mota, and her seeking state reimbursement for some expenses incurred on work-related trips with her children and dog that the commission deemed had “provided a financial benefit to herself.”

The commission concluded, according to its proposed settlement order, that Fagan had violated state ethics laws by “using her position to obtain private employment” with Aaron Mitchell and Rosa Cazares, the principals of the troubled cannabis outfit La Mota and the principals of the LLC with which Fagan signed the contract, Veriede Holding."

Trump dinner for meme coin buyers prompts senators to demand ethics probe; CNBC, April 25, 2025

 MacKenzie Sigalos, Ari Levy, CNBC; Trump dinner for meme coin buyers prompts senators to demand ethics probe

"Senators Adam Schiff and Elizabeth Warren are warning that President Donald Trump’s private dinner with holders of his meme coin may constitute “pay to play” corruption, and are calling for an ethics investigation.

The Democratic senators, from California and Massachusetts, respectively, sent a letter on Friday to the U.S. Office of Government Ethics, asking for a probe to determine if President Trump violated federal ethics rules by offering exclusive access to top investors in his $TRUMP coin.

The letter pertains to a promotion, announced on the meme coin’s website on Wednesday, offering the top 220 holders of the token dinner with the president on May 22 at his golf club near Washington, D.C. The coin jumped by 50% in value after the invitation was posted."

Tyrants like Trump always fall – and we can already predict how he will be dethroned; The Guardian, April 27, 2025

Simon Tisdall , The Guardian; Tyrants like Trump always fall – and we can already predict how he will be dethroned

"Tyrants come to a sticky end, or so history suggests. Richard III and Coriolanus made bloody exits. More recently, Saddam Hussein went to the gallows, Slobodan Milosevic went to jail, Bashar al-Assad went into exile. Libya’s Muammar Gaddafi was run to ground in a sewer. Tyranny, from the Greek túrannos (“absolute ruler”), is typically fuelled by hubris and leads ineluctably to nemesis. Tyrants are for toppling. Their downfall is a saving grace...

This fight has moral and ethical aspects, too – and, given this is the US, prayer is a powerful weapon in the hands of those who would slay evil-doers. Of the seven deadly sins – vainglory or pride, greed or covetousness, lust, envy, gluttony, wrath, sloth – Trump is comprehensively, mortally guilty. In Isaiah (13,11), the Lord gives fair warning: “I will put an end to the pride of the arrogant and humiliate the insolence of tyrants.” God knows, maybe he’ll listen. Miracles do happen.

Of all the tools in the tyrant-toppling toolbox, none are so potentially decisive as those supplied by Trump’s own stupidity. Most people understand how worthless a surrender monkey “peace deal” is that rewards Putin and betrays Ukraine. Does Trump seriously believe his support for mass murder in Gaza, threats to attack Iran and reckless bombing of Yemenwill end the Middle East conflict and win him a Nobel peace prize?

By almost every measure, Trump’s chaotic global tariff war is hurting American consumers, damaging businesses and reducing US influence. It’s a boon to China and an attack on longtime allies and trading partners such as Britain. Trump’s big tech boosters know this to be so, as do many Republicans. But they dare not speak truth to power.

And then there’s his greed – the blatant, shameless money-grubbing that has already brought accusations of insider trading, oligarchic kleptocracy, and myriad conflicts of interest unpoliced by the 17 government oversight watchdogs Trump capriciously fired. His relatives and businesses are again pursuing foreign sweetheart deals. Corruption on this scale cannot pass unchallenged indefinitely. Avarice alone may be Trump’s undoing.

All this points to one conclusion: as a tyrant, let alone as president, Trump is actually pretty useless – and as his failures, frustrations and fantasies multiply, he will grow ever more dangerously unstable. Trump’s biggest enemy is Trump. Those who would save the US and themselves – at home and abroad – must employ all democratic means to contain, deter, defang and depose him. But right now, the best, brightest hope is that, drowning in hubris, Trump will destroy himself."

Justice Barrett has set a new judicial ethics standard — and it’s about time; The Hill, April 8, 2025

 CAROLINE CICCONE, The Hill; Justice Barrett has set a new judicial ethics standard — and it’s about time

"Unlike every other federal court, the Supreme Court operates without mandatory ethics rules. The justices alone decide if their conflicts merit recusal, with no obligation to explain their reasoning. This self-policing system creates an accountability void that would be unacceptable in any other branch of government.

However, a recent decision by a member of the court’s conservative supermajority shows us that it doesn’t have to be this way.

Justice Amy Coney Barrett bucked this trend with her recent recusal from Oklahoma Statewide Charter School Board v. Drummond. Although Barrett provided no public explanation, it’s plausible if not likely that her decision stemmed from her close ties to Notre Dame’s Religious Liberty Clinic and personal friendship with one of the case’s legal adviser, Notre Dame law Professor and Federalist Society Director Nicole Stelle Garnett. 

This choice reflects the longstanding principle, mostly abandoned by the Roberts Supreme Court, that judges should step aside when personal relationships might bias them, or even create the appearance of impropriety."