546
Opinion of the Court
Rice v. McKenzie, 581 F. 2d 1114, 1118 (CA4 1978) (doctrine "has always had limitations").
Whatever the precise contours of the "extrajudicial source" doctrine (a subject to which we will revert shortly), it is the contention of petitioners that the doctrine has no application to § 455(a). Most Courts of Appeals to consider the matter have rejected this contention, see United States v. Barry, 961 F. 2d 260, 263 (CADC 1992); United States v. Sammons, 918 F. 2d 592, 599 (CA6 1990); McWhorter v. Birmingham, 906 F. 2d 674, 678 (CA11 1990); United States v. Mitchell, 886 F. 2d 667, 671 (CA4 1989); United States v. Merkt, 794 F. 2d 950, 960 (CA5 1986), cert. denied, 480 U. S. 946 (1987); Johnson v. Trueblood, 629 F. 2d 287, 290-291 (CA3 1980), cert. denied, 450 U. S. 999 (1981); United States v. Sibla, 624 F. 2d 864, 869 (CA9 1980). Some, however, have agreed with it, see United States v. Chantal, 902 F. 2d 1018, 1023-1024 (CA1 1990); cf. United States v. Coven, 662 F. 2d 162, 168-169 (CA2 1981) (semble), cert. denied, 456 U. S. 916 (1982). To understand the arguments pro and con it is necessary to appreciate the major changes in prior law effected by the revision of § 455 in 1974.
Before 1974, § 455 was nothing more than the then-current version of the 1821 prohibition against a judge's presiding who has an interest in the case or a relationship to a party. It read, quite simply:
"Any justice or judge of the United States shall disqualify himself in any case in which he has a substantial interest, has been of counsel, is or has been a material witness, or is so related to or connected with any party or his attorney as to render it improper, in his opinion, for him to sit on the trial, appeal, or other proceeding therein." 28 U. S. C. § 455 (1970 ed.).
The 1974 revision made massive changes, so that § 455 now reads as follows:
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