E
epan
Guest
The bottom line, of course, is that given his public behavior that he should recuse himself. If the case were subject to appeal, he probably would in order to avoid being reversed.Oral arguments are a tiny tiny part of a SCOTUS case. There is nothing to give any indication that orals have ever swayed a judge one way or another on any case. They likely have an idea of they are going to rule long before they get to orals.
I have listened to quite a number of oral arguments. Scalia was far quieter in Prop 8 and DOMA cases than usual. He has a very defined legal theory and is very opinionated about it. So what. Ginsberg also has a very defined opinion, yet no one can ever seem to hear her.