Alito, Kagan Top Justices in Supreme Court Recusal ‘Black Box’

US Supreme Court justices recused themselves in roughly 3% of appeals since 2018, with Samuel Alito and Elena Kagan doing so most often, a Bloomberg Law analysis shows.

Virtually all of the more than 750 recusals identified in a review of court orders lacked an explanation of why the justices avoided participating. Neither they nor the court are required to give reasons. But financial disclosures, orders, and case records provide insight into their decision-making.

The period covers a changing court with advocacy groups, ethics scholars, and lawmakers from both parties pressing for more transparency about how the justices do their ...