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April 13, 2012

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law dork

Bravo, Judge Lamberth, for standing up to make sure the right thing is done.

One legal nit: it is not clear that old orders by Judge Lamberth in the case would necessarily have to be set aside. The Supreme Court has suggested that, as in other areas of the law, recusal law may be subject to harmless error review (e.g., review by another court indicating that any recusal error was harmless to the merits of the order(s) on review). See Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988).

Andrew

The law's delays . . .

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