In this clip, Justice Sotomayor presses Ronald Eisenberg, representing the State of Pennsylvania, to explain how Castille’s participation in this case doesn’t amount to a constitutional violation of Williams’s due process rights. Eisenberg argues that while the situation might warrant recusal under various state ethical codes and statutes, the Court should be wary of elevating those standards to the constitutional level because the result may be unworkable. Justice Kennedy jumps in to push back on this point, noting that a number of amicus briefs filed in this case tend to suggest that having stricter ethical standards for judges does not grind the justice system to a halt. Case in point: an amicus brief filed by the Brennan Center that highlights 14 states that have successfully implemented rules that allow the recusal decisions of high court judges to be independently reviewed —something that Castille refused to allow in this case.