Recusal and the “Problem” of an Equally Divided Supreme Court

Ryan Black and Lee Epstein

Published 2005, Journal of Appellate Practice and Process 7(1): 75-99 (Spring).


We examine the extent to which discretionary recusals result in an equally divided Supreme Court. Contrary to the arguments of some, we suggest that recusals very rarely result in a tie.

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Research findings described in Adam Liptak. 2010. "Supreme Court Recusal Process a Mystery." New York Times. November 16, 2010 (page A18).