The Supreme Court ruled Wednesday that judges should recuse from cases in which they are involved.
In a unanimous opinion, the court ruled that justices of the 9th U.S. Circuit Court of Appeals, which covers California, must recede from cases that involve foreclosures that occurred after Jan. 1, 2018.
“We are not bound by precedent or the plain meaning of precedent, but by the law,” Justice Anthony Kennedy wrote.
The ruling does not mean that the 9-member appeals court will not hear a foreclosure case.
The court is still reviewing the merits of a case brought by the National Federation of Independent Business, which filed a lawsuit in March seeking to prevent foreclosure filings from taking effect in California.
The court also ruled that judges must give a summary judgment to the borrower to get the foreclosure case to a jury.
The brief in the case was filed by the Los Angeles Housing Authority.