| The court has 25 active judges, one of whom recused herself, and it rehears cases only when a majority votes to do so. |
| In this regard, my friend Craig Harrison tells me that three judges have recused themselves. |
| Justices would be recused by a vote of the Court, with individual members opting to vote for recusal based on their desired outcome in the case. |
| The second-year judge that was scheduled to handle the case was not being recused from the case. |
| If the Judge is indeed recused from death penalty cases, this will make the average Ninth Circuit death penalty case more anti-death-penalty. |
| Although they recused themselves from direct participation, they are understood to support the bulk of the findings. |
