Andres Fernando Cabezas v. United States District Court for the Middle District of Florida
Environmental SocialSecurity Immigration
Is the Eleventh Circuit's policy of refusing review of facially valid mandamus petitions for recusal causing irreparable harm to the public's perception of the courts?
QUESTION(S) PRESENTED ; . Several federal appellate circuits have endorsed the view that a federal district court's refusal to recuse is better resolved earlier in interlocutory appellate proceedings in order to protect the public's confidence in the judicial system. The Eleventh Circuit generally by policy and specifically in Cabezas's case rejects petitions for a writ of mandamus involving serious recusal questions on the basis of an appeal being an adequate remedy, with no consideration given to the harm in public confidence in the judiciary. Is the Eleventh Circuit's policy of refusing review of faciaily valid mandamus petitions for recusal causing irreparable harm to the public's perception of the courts? i