Why Barrett is Different

Some right-wing commentators are arguing that Barrett is not required to recuse herself from any litigation arising from the election because the argument in favor of recusal applies equally to Gorsuch and Kavanaugh. Are they right?

No. Gorsuch and Kavanaugh were confirmed well before the election was pending. There was no suggestion that their nomination was any kind of a quid pro quo for keeping Trump in office. Barrett is in a completely different position; the inference of undue influence will be drawn by hundreds of millions of Americans if she casts a deciding vote in favor of Trump in an election case.

For the good of the country, she should recuse herself. Period.