Legal Opinion

Kristin Perry v. Arnold Schwarzenegger - Memorandum Regarding Motion to Disqualify

Court of Appeals for the Ninth Circuit

Decided January 4, 2011No. 10-16696PublishedCited by 20 opinions

1Opinion of the Court

ORDER

REINHARDT, Circuit Judge.

Shortly before the hearing of this appeal, the defendants-intervenors-appellants (“Proponents”) requested that I recuse myself under 28 U.S.C. § 455(a) and § 455(b)(5)(ni). Under § 455(a), I must recuse myself if “a reasonable person with knowledge of all the facts would conclude that [my] impartiality might reasonably be questioned.” United States v. Nelson, 718 F.2d 315, 321 (9th Cir.1983). Under § 455(b)(5)(iii), my recusal is required if my wife has an “interest” that could be “substantially affected” by the outcome of this proceeding. I denied Proponents’…

2Cases cited6 opinions

  1. Liteky v. United StatesSupreme Court of the United States · 1994
  2. United States v. Clarence Christian NelsonCourt of Appeals for the Ninth Circuit · 1983
  3. Cheney v. United States District Court for the District of ColumbiaSupreme Court of the United States · 2004
  4. Microsoft Corp. v. United StatesSupreme Court of the United States · 2000
  5. Baker & Hostetler LLP v. United States Department of CommerceCourt of Appeals for the D.C. Circuit · 2006

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Barnett v. Hall, Estill, Hardwick, GableCourt of Appeals for the Tenth Circuit · 2020
  2. Richard Hurles v. Charles L. RyanCourt of Appeals for the Ninth Circuit · 2014
  3. National Abortion Federation v. Center for Medical ProgressDistrict Court, N.D. California · 2017
  4. (HC) Moreno v. AllisonDistrict Court, E.D. California · 2022
  5. (PC) Rodriguez v. LongiaDistrict Court, E.D. California · 2020

15 more not listed; retrieve them via the Exa API.

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