Justice Breyer sought recusal advice

Tony Mauro is reporting in this first-rate law.com article that “Supreme Court Justice Stephen Breyer, author of the key opinion in last week’s sentencing guidelines decision, consulted a legal ethics expert last summer before deciding that he could rule on the issue.”  The article provides all the details and highlights that Justice Breyer sought advice from Prof. Gillers on this issue in early July, well before the acting Solicitor General had moved for cert. 

Kudos to Justice Breyer for spotting this ethics issue right away and for seeking the advice of others as he thought through this matter (and also for coming to the right conclusion, in my opinion, about whether he should be involved in Booker).