Recusals
Justice Breyer failed to recuse in o. 14–840, FERC v. EPSA, despite owning shares in Johnson Controls, a party on the EPSA side; missed recusal on 10/14/15 (argued), reported and remained on case on 10/15/15. Breyer did not recuse at first, learned about the conflict the day after oral argument in FERC v. EPSA and then sold his stock – or his wife did – that day.
Source: Fix the Court
Ethical Lapses
— Did not recuse in merits case 14–840, FERC v. EPSA, despite owning shares in Johnson Controls, a party on the EPSA side. Breyer learned about the conflict the day after oral argument and sold the stock. (2015)
— Attended a $500-per-plate dinner at the University of Texas at Arlington with finance, legal and oil executives ahead of his talk at the school. The high price suggests the event was a fundraiser. (2016)
— Along with Alito, Did not recuse in 18-6644, Feng v. Komenda and Rockwell Collins, Inc. (cert. denied), though he owns shares in Rockwell’s parent company, United Technologies Corp. Said he had “no way of knowing” about the conflict since Rockwell didn’t file a response, which is spurious reasoning (i.e., FTC knew). (2019)
— Nothing wrong with justices voting but per voter roll reviews in Feb. 2020, Apr. 2022 and March 2024 was registered as a Democrat. (2020-2024)
— While asking a question during oral argument in a public charge case, gave away the result in 20-601, Cameron v. EMW Surgical Center, where Ky. Attorney General Daniel Cameron asked to intervene to defend a state law when no other governmental representative would defend it. (2022)
Source: Fix the Court (PDF)