On May 15, U.S. Supreme Court Justices Elena Kagan and Neil Gorsuch recused themselves from the court’s decision to deny review in Jawad v. Gates, a long-running dispute over the handling of torture claims by a Guantanamo detainee.
Following long-standing Supreme Court practice, neither justice explained the recusal, though it’s safe to guess the reason was their prior government positions: Kagan as solicitor general from 2009 to 2010, and Gorsuch as principal deputy associate attorney general from 2005 to 2006. During that time, according to Justice Department emails released during his recent confirmation hearings, Gorsuch visited Guantanamo Bay and oversaw related litigation.
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