Judge Ryan Nelson of the 9th U.S. Circuit Court of Appeals agreed on Thursday to recuse himself from a case challenging the Biden administration’s Gaza policy. As The Intercept reported, Nelson in March was part of a judicial delegation to Israel, which was sponsored by the World Jewish Congress.
The plaintiffs — a mix of Palestinian human rights organizations, Palestinian nationals, and Palestinian Americans — claimed the trip’s ideological framing made it improper for Nelson to participate in the case. Oral argument is scheduled for June 10, and plaintiffs filed an emergency recusal motion on Tuesday.
“Appellants have moved to disqualify me from participation in this case based on my attendance at a judicial education conference in Israel in March,” Nelson wrote in a brief order. He disputed the merit of plaintiffs’ allegations of potential impartiality.
Update: June 6, 2024, 3:44 p.m. ET
The story has been updated to include a comment from the Center for Constitutional Rights that was received after publication.
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Shawn Musgrave is a media law attorney and reporter based in New York. As counsel to The Intercept, Shawn brings considerable experience in government transparency, including the federal Freedom of Information Act, state public records laws, and court access. Prior to joining The Intercept, Shawn worked at the Reporters Committee for Freedom of the Press, the Center for Investigative Reporting, and MuckRock. His reporting has been published in Politico, The Verge, Vice, Reason, and the Boston Globe, among other outlets.
