Aronson v. Brown’s Empirical Analysis

Citation profile

2 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We hold that, under 28 U.S.C. § 455 , the judge’s decision whether to recuse himself, under the facts of this ease, was the province of the individual judge and is not subject to review within this Court. * * * * * * ... [ 28 U.S.C. § 455 (a) ] is made expressly applicable to this Court by 38 U.S.C. § 7264 (e) (formerly § 4064(c)). Under Rule 35 of this Court’s Rules of Practice and Procedure, a party in a case decided by a single judge may move for review by a panel of the Court. However, we hold that, under the facts presented in this case, this Court may not review the individual judge’s refusal to recuse himself. Section 455 is a self-enforcing statute; whether a reason exists in a case making it improper for a judge to participate in it is a decision confined to the conscience of that judge. Moreover, section 455 “includes no provision for referral of the question of recu-sal to another judge.””

   1 later decision quote this exact passage
   e.g. Aronson v. Brown