In today’s USA Today, Mario Nicolais, a Republican who is an adviser to the anti-Trump Lincoln Project, calls for such a recusal to counter “the corrupting influence Trump can exert on another coequal branch of government” and preserve the appearance of impartiality of the Court.
Such a pledge however would not preserve impartiality but destroy it. It would be a promise to enhance the chances for Democrats in any challenge by removing her vote — as a condition for confirmation. Ironically, it would be precisely the type of pledge that Ruth Bader Ginsburg refused to make on cases when she established the “Ginsburg Rule.” She considered it improper and unethical to demand from concessions or promises from a nominee.
We do not know how Barrett would rule on any election challenge. There is no basis in her background as either an academic or a judge to assume that she would vote against any Democratic position or advance any “corrupt” purposes of the President. It is insulting to suggest that her nomination was made for that purpose. The assumption of such blind bias says more about those demanding a baseless recusal than it does Judge Barrett.