232
Per Curiam
Status Conf. 9, App. to Pet. for Cert. 54a. See also Tr. of Proceeding 39-40, App. to Pet. for Cert. 50a-51a.
The Court of Appeals for the Fifth Circuit reversed, citing its prior decision reversing Judge Barbier's order denying recusal in Republic of Panama I. In that case, the Fifth Circuit said:
"The fact that Judge Barbier's name was listed on a motion to file an amicus brief which asserted similar allegations against tobacco companies to the ones made in this case may lead a reasonable person to doubt his impartiality. Also, Judge Barbier was listed on this filing with the attorney who is currently representing the Republic of Panama. The trial judge's assertions that he did not participate directly in the writing or researching of the amicus brief do not dissipate the doubts that a reasonable person would probably have about the court's impartiality. We acknowledge that this is a close case for recusal." 217 F. 3d, at 347.
Judge Parker concurred, agreeing that the court was bound by its decision in Republic of Panama I, but arguing that that decision was "erroneous because it requires recusal on the basis of a judge's public statements on the law made prior to becoming a judge . . . ." Republic of Panama II, supra, at 318. Rehearing en banc was denied over the dissent of six judges, who argued that the decision below amounts to an "issue recusal" rule, requiring disqualification whenever a judge has pre-judicial association with a legal position. 265 F. 3d 299, 306 (2001) ( joint dissent of Wiener and Parker, JJ.).
We need not consider the argument advanced by the dissenting judges, since this case is easily disposed of on other grounds. The Fifth Circuit's decision is inconsistent with Liljeberg v. Health Services Acquisition Corp., 486 U. S. 847 (1988), which stated that § 455(a) requires judicial recusal "if a reasonable person, knowing all the circumstances,
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