DC Circuit Order hints that Judge Sullivan might be removed from the case. //

The Order today suggests that two possible paths to this outcome are under consideration. One would be to simply find that Judge Sullivan’s conduct has created a circumstance where his partiality can reasonably be called into question. That is a basis for mandatory reassignment under Sec. 455 that I referenced above.

The second option would be the more benign approach of finding that in pursuing the Petition for Rehearing En Banc, Judge Sullivan has now made himself a nominal “party.” As such, he can no longer preside over the case.