John Doe v. Purdue University, et al.
ERISA DueProcess JusticiabilityDoctri
1. Should this Court exercise its supervisory authority to preserve the appearance and fact of justice by requiring review now of a denial of recusal for bias shown pursuant to 28 U.S.C. § 144 and 28 U.S.C. § 455 that otherwise would mean a trial before a biased Magistrate Judge, the bias shown in his rulings and the extra-judicial bias in his nomination to the Seventh Circuit, who would then be a colleague of the Seventh Circuit judges at the time of an appeal from a final judgment?
2. Is it an important federal question for this Court's consideration whether denials of recusal for bias shown pursuant to 28 U.S.C. § 144 and 28 U.S.C. § 455 be subject to appellate review per the collateral order doctrine of Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546 (1949) and Coopers & Lybrand v. Livesay, 437 U.S. 463, 468 (1978), particularly given, as this Court held in Rose v. Clark, 478 U.S. 570, 577 (1986), that as a matter of constitutional law adjudication before a biased judge requires reversal regardless of the evidence and bias cannot effectively be adjudicated in an appeal of a final judgment?
Should this Court exercise its supervisory authority to preserve the appearance and fact of justice by requiring review now of a denial of recusal for bias shown pursuant to 28 U.S.C. § 144 and 28 U.S.C. § 455