Liljeberg v. Health Services Acquisition Corp. (486 U.S. 847)
U.S. Supreme Court · decided June 17, 1988 · Supreme Court Database (Spaeth)
- Citation
- 486 U.S. 847 · 108 S. Ct. 2194
- Decided
- June 17, 1988
- Term
- October Term 1987
- Vote
- 5–4
- Majority author
- Justice Stevens
- Issue area
- Due Process
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Stevens delivered the opinion of the Court. In 1974 Congress amended the Judicial Code “to broaden and clarify the grounds for judicial disqualification.” 88 Stat. 1609. The first sentence of the amendment provides: “Any justice, judge, or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” 28 U. S. C. § 455(a), as amended. In the present case, the Court of Appeals for the Fifth Circuit concluded that a violation of § 455(a) is established when a reasonable person, knowing the relevant facts, would expect that a justice, judge, or magistrate knew of circumstances creating an appearance of partiality, notwithstanding a finding that the judge was not actually conscious of those circumstances. Moreover, although the judgment in question had become final, the Court of Appeals determined that under the facts of this case, the appropriate remedy was to vacate the court’s judgment. We granted certiorari to consider its construction of § 455(a) as well as its remedial decision. 480 U. S. 915 (1987). We now affirm. I In November 1981, respondent Health Services Acquisition Corp. brought an action against petitioner John Lilje-berg, Jr., seeking a declaration of ownership of a corporation known as St. Jude Hospital of Kenner, Louisiana (St. Jude). The case was tried by Judge Robert Collins,…
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