Reply #4: without doing much research

[onenote]

I came up with a case brought against the Department of Energy that then-Judge Ginsburg considered around the time she was being considered for the Supreme Court. The case was argued on May 21 and decided on July 27. I have no idea when/whether Ginsburg was interviewed by Clinton, but she was nominated in early July (before the decision was issued).

In other words, it almost certainly has happened before. (By the way, the White House wasn't "plaintiff" in the case that Roberts heard; it was a suit brought against Rumsfeld --ie the Dept of Defense -- that was being appealed by Rumsfeld.)

The fact is that the kind of recusal standard being suggested would be utterly unworkable. Clinton interviewed Breyer as a possibility for the seat that went to Ginsburg, and the nominated Breyer a year later for the next vacancy. What was Breyer supposed to do? Recuse himself from every case involving the Clinton administration for the rest of Clinton's two terms? Remember, Roberts was interviewed before O'Connor made her announcement (the interviews were in April and May; O'Connor announced in July).

onenote