Lawrence Tribe: Clarence recusing himself " is not discretionary"

[onenote]

66. True. But having more judges might impact the full court decision

While Thomas should have recused himself and handed the petition off to another justice, the decision to grant a short administrative stay while the full court considers the emergency stay request probably will be a nothing burger in terms of actual impact. That's because Graham isn't scheduled to give his deposition until November 17 and it is likely that the full court will decide Graham's request before that date. It wouldn't shock me if his request is granted by a majority of the court. But will it be 6-3 or 5-4? If its 5-4 with Thomas in the majority there will be reason for outrage.

One question that needs to be considered: why isn't Fulton County formally requesting that Thomas recuse himself? Are they concerned it would turn him against them? I think its likely that ship already has sailed.