Rippo v. Baker, 580 U.S. 285 (2017). · Go Syfert
Rippo v. Baker, 580 U.S. 285 (2017). Cases Citing This Book View Copy Cite
270 citation events (270 in the last 25 years) across 51 distinct courts.
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) BATTEE v. STATE
Okla. Crim. App. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
recusal is required when, objectively speaking, 'the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.
discussed Cited as authority (quoted) Ortega v. Shinn
D. Ariz. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
recusal is required when, objectively speaking, the probability of actual bias 12 on the part of the judge or decisionmaker is too high to be constitutionally tolerable.
discussed Cited as authority (rule) Erika Jacobs v. Mercy Health St. Joseph Warren Hospital
N.D. Ohio · 2026 · confidence medium
Recusal is only required when “the probability of actual bias on the part of the judge or decisionmakers is too high to be constitutionally tolerable.” Rippo v. Baker, 580 U.S. 285, 287 (2017) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (2016)).
discussed Cited as authority (rule) United States v. Lawrence Mark Sherman
6th Cir. · 2026 · confidence medium
Massey Coal Co., 556 U.S. 868, 889 (2009), requires recusal when “the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable,” Rippo v. Baker, 580 U.S. 285, 287 (2017) (per curiam) (citation omitted).
examined Cited as authority (rule) STATE OF OKLAHOMA ex rel OBA v. DURBIN (3×)
Okla. · 2025 · confidence medium
Rippo v. Baker , 580 U.S. 285, 287, 137 S.Ct. 905, 197 L.Ed.2d 167 (2017).
discussed Cited as authority (rule) Peo v. Harris
Colo. Ct. App. · 2025 · confidence medium
II, § 25, similarly guarantees “the right to a trial before an impartial judge.” People v. Hall, 2021 CO 71M , ¶ 20. ¶ 26 A judge must recuse “when, objectively speaking, ‘the probability of actual bias on the part of the judge or decisionmaker 12 is too high to be constitutionally tolerable.’” Rippo v. Baker, 580 U.S. 285, 287 (2017) (per curiam) (emphases added) (quoting Withrow v. Larkin, 421 U.S. 35, 47 , (1975)); Sanders v. People, 2024 CO 33 , ¶ 29.
discussed Cited as authority (rule) Peo v. Dearing
Colo. Ct. App. · 2025 · confidence medium
When a defendant raises that kind of claim, courts apply an objective standard that asks not whether a judge harbors an actual subjective bias, but instead whether, “objectively speaking, ‘the probability of actual bias . . . is too high to be constitutionally tolerable.’” Sanders, ¶ 29 (quoting Rippo v. Baker, 580 U.S. 285, 287 (2017)).
discussed Cited as authority (rule) Sivak v. Government of Idaho
D. Idaho · 2025 · confidence medium
In the request for recusal, Plaintiff specifically raises a due process ground: that recusal is required “when, objectively speaking, the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.” Rippo v. Baker, 580 U.S. 285, 287 (2017) (per curiam) (internal quotation marks omitted).
discussed Cited as authority (rule) Jacobs v. Mercy Health St. Joseph Warren Hospital
N.D. Ohio · 2025 · confidence medium
Recusal is only required when “the probability of actual bias on the part of the judge or decisionmakers is too high to be constitutionally tolerable.” Rippo v. Baker, 580 U.S. 285, 287 (2017) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (2016)).
discussed Cited as authority (rule) Jacobs v. Mercy Health St. Joseph Warren Hospital
N.D. Ohio · 2025 · confidence medium
Recusal is only required when “the probability of actual bias on the part of the judge or decisionmakers is too high to be constitutionally tolerable.” Rippo v. Baker, 137 S.Ct. 905, 907 (2017) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (2016)).
discussed Cited as authority (rule) United States v. Jonathan Munafo
D.C. Cir. · 2024 · confidence medium
Vigilance against unconstitutional factors affecting judicial decision making is also manifest in the due process standard for claims of judicial bias, which “may sometimes demand recusal even when a judge ‘ha[s] no actual bias’” if, “objectively speaking, ‘the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.’” See Rippo v. Baker, 580 U.S. 285, 287 (2017) (per curiam) (first quoting Aetna Life Ins.
discussed Cited as authority (rule) Peo v. Erickson
Colo. Ct. App. · 2024 · confidence medium
First, the Fourteenth Amendment’s Due Process Clause requires recusal when the 1 The court gave a duress instruction for counts 35, 40, 41 and 46, and Erickson concedes that he was not entitled to a duress instruction for first degree murder — counts 1 and 2. 4 objective “probability of actual bias . . . is too high to be constitutionally tolerable.” Sanders v. People, 2024 CO 33 , ¶ 29 (quoting Rippo v. Baker, 580 U.S. 285, 287 (2017)).
discussed Cited as authority (rule) Peo v. Erickson
Colo. Ct. App. · 2024 · confidence medium
First, the Fourteenth Amendment’s Due Process Clause requires recusal when the 1 The court gave a duress instruction for counts 35, 40, 41 and 46, and Erickson concedes that he was not entitled to a duress instruction for first degree murder — counts 1 and 2. 4 objective “probability of actual bias . . . is too high to be constitutionally tolerable.” Sanders v. People, 2024 CO 33 , ¶ 29 (quoting Rippo v. Baker, 580 U.S. 285, 287 (2017)).
discussed Cited as authority (rule) Halprin, Randy Ethan (2×) also: Cited "see"
Tex. Crim. App. · 2024 · confidence medium
HALPRIN – 4 that standard. 3 See Williams, 579 U.S. at 9–11 (explaining that, under the [14th Amendment] Due Process Clause, there was an impermissible risk of actual bias when a judge had previous significant, personal involvement as a prosecutor); Rippo v. Baker, 580 U.S. 285, 287 (2017) (per curiam) (reversing the Nevada Supreme Court because it did not apply the controlling standard—“whether, considering all the circumstances alleged, the risk of bias was too high to be constitutionally tolerable”).
discussed Cited as authority (rule) CRESCI v. MCNAMARA
D.N.J. · 2024 · confidence medium
To comply with the requirements of the Due Process Clause, a judge must recuse herself “when objectively speaking, ‘the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.’” Rippo v. Baker, 580 U.S. 285, 287 (2017) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)).
discussed Cited as authority (rule) People v. Garcia
Colo. Ct. App. · 2024 · signal: cf. · confidence medium
Cf. People in Interest of G.C.M.M. , 2020 COA 152, ¶ 12 (partie s cannot bestow subject matter jurisdiction by agreement and a challenge to such jurisdiction cannot be waived). ¶ 6 Alternatively, Garcia invokes the supreme court’s recent acknowledgment that “ due process mandates recusal ‘ when, objectively speaking, “ the probability of actual bias on the part of the judge or decisionmaker is too high to be constitut ionally tolerable. ”’” Sanders v. People , 2024 CO 33 , ¶ 29 (quoting Rippo v. 4 Baker , 580 U.S. 285, 287 (2017) (per curiam)). 3 Notably, Garcia makes no effor…
discussed Cited as authority (rule) Creech v. Idaho Commission of Pardons and Parole (2×) also: Cited "see"
D. Idaho · 2024 · confidence medium
Like § 455(a)’s objective standard, “the Due Process Clause may sometimes demand recusal even when a judge has no actual bias.” Rippo v. Baker, 580 U.S. 285, 287 (2017) (per curiam) (quotation marks and alteration omitted).
discussed Cited as authority (rule) Throneberry v. Nunn
10th Cir. · 2024 · confidence medium
Put another way, we must evaluate “whether, considering all the circumstances alleged, the risk of bias was too high to be 3 Appellate Case: 23-6165 Document: 010111056672 Date Filed: 05/29/2024 Page: 4 constitutionally tolerable.” Rippo v. Baker, 580 U.S. 285, 287 (2017) (per curiam).
discussed Cited as authority (rule) State v. Kellam
Del. Super. Ct. · 2024 · confidence medium
"Due process guarantees 'an absence of actual bias' on the part of a judge."101 To determine whether actual bias is present, the United States Supreme Court has applied an objective standard. 102 "Recusal is required when, objectively speaking, 'the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.’" 103 The Supreme Court has also recognized, however, that the Due Process Clause of the Fourteenth Amendment establishes a constitutional floor, and that "most questions concerning a judge's qualifications to hear a case are not con…
discussed Cited as authority (rule) Kevin Hamilton v. State of Indiana (2×)
Ind. Ct. App. · 2024 · confidence medium
This provision “may sometimes demand recusal even when a judge has no actual bias.” Rippo v. Baker, 580 U.S. 285, 287 (2017) (alteration and internal quotation marks omitted) (quoting Aetna Life Ins.
discussed Cited as authority (rule) Knudsen v. Dept. of Motor Vehicles
Cal. Ct. App. · 2024 · confidence medium
California Supreme Court In the criminal context, our Supreme Court has explained that “[e]stablishing a violation of this right [to an impartial adjudicator] requires ‘an objective assessment of the circumstances in the particular case’ and ‘ “ ‘the probability of actual bias on the part of the judge or decisionmaker [that] is too high to be constitutionally tolerable.’ ” ’ ” (People v. Nieves (2021) 11 Cal.5th 404, 498 , citing People v. Freeman (2010) 47 Cal.4th 993 , 996 and Rippo v. Baker (2017) 580 U.S. 285, 287 (Rippo)4.) Nieves explained that the “ ‘controlling …
discussed Cited as authority (rule) Masek v. United States of America
D.D.C. · 2024 · confidence medium
Due process requires recusal “when, objectively speaking, ‘the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.’” Rippo v. Baker, 580 U.S. 285, 287 (2017) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)).
discussed Cited as authority (rule) Carnell v. United States
S.D. Ill. · 2024 · confidence medium
Due process can also be violated when, even without actual judicial bias, “the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.” Rippo v. Baker, 580 U.S. 285, 287 (2017) (per curiam; emphasis added; internal quotations omitted).
discussed Cited as authority (rule) RUSSELL v. JOHNSON
D.N.J. · 2023 · confidence medium
The Supreme Court has found that “recusal is required when, objectively speaking, ‘the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.’” Rippo v. Baker, 580 U.S. 285, 287 (2917), quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975).
discussed Cited as authority (rule) United States v. Leron Liggins
6th Cir. · 2023 · confidence medium
Under the Due Process Clause, “recusal is required when, objectively speaking, ‘the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.’” Rippo v. Baker, 580 U.S. 285, 287 (2017) (per curiam) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)).
discussed Cited as authority (rule) Rankin v. Payne
E.D. Ark. · 2023 · confidence medium
“Recusal is required when, objectively speaking, the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.” Rippo v. Baker, 580 U.S. 285, 287 (2017) (quotations omitted).
discussed Cited as authority (rule) Jiggetts v. State of Maryland
D. Maryland · 2023 · confidence medium
Due process may sometimes demand recusal even when a judge has no actual bias if, for instance, “the probability of actual bias on the part of the judge or decision-maker is too high to be constitutionally tolerable.” See Rippo v. Baker, 580 U.S. 285 , 137 S.Ct. 905, 907 (2017) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)).
discussed Cited as authority (rule) Liggins v. United States
C.D. Ill. · 2022 · confidence medium
A due process claim can be proved by evidence of the judge’s actual bias or by showing that “the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.” Id. (quoting Rippo v. Baker, 137 S. Ct. 905, 907 (2017)).
discussed Cited as authority (rule) Fletcher (Katherine) v. State (2×)
Nev. · 2022 · confidence medium
Under the Due Process Clause, "[r]ecusal is required when, objectively speaking, 'the probability of actual bias on the part of the judge . . . is too high to be constitutionally tolerable." Rippo v. Baker, 580 U.S. 285„ 137 S. Ct. 905, 907 (2017) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)).
discussed Cited as authority (rule) Shawn Shannon v. United States
7th Cir. · 2022 · confidence medium
Due process is also denied “when, objectively speaking, ‘the prob- ability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.’” Rippo v. Baker, 137 S. Ct. 905, 907 (2017), quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975); see also Caperton v. A.T.
discussed Cited as authority (rule) GODINEZ v. JOHNSON
D.N.J. · 2022 · confidence medium
Recusal is required when, objectively speaking, “the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.” Rippo v. Baker, 137 S. Ct. 905, 907 (2017) (citing Williams v. Pennsylvania, 136 S.Ct. 1899, 1905 (2016) (“The Court asks not whether a judge harbors an actual, subjective bias, but instead whether, as an objective matter, the average judge in his position is likely to be neutral, or whether there is an unconstitutional potential for bias.”)) So even accepting arguendo that Judge Ravin made that statement, it would not …
discussed Cited as authority (rule) Webb v. Kline
D. Maryland · 2022 · confidence medium
Under 28 U.S.C. § 144 , a judge should be recused when a party sufficiently alleges by affidavit “that the judge before whom the matter is pending has a personal bias or prejudice against him or in favor of any adverse party.” “Recusal is required when, objectively speaking, ‘the probability of actual bias on the part of the judge ... is too high to be constitutionally tolerable.’” Moody, 2018 WL 1942177 , at *2 (quoting Rippo v. Baker, 137 S.Ct. 905, 907 (2017) (per curiam)). 28 U.S.C. § 455 states that a judge should “disqualify himself in any proceeding in which his impartia…
discussed Cited as authority (rule) Duke Energy Carolinas, LLC v. NTE Carolinas II, LLC
W.D.N.C. · 2021 · confidence medium
The Due Process Clause requires recusal when “the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.” Rippo v. Baker, 137 S. Ct. 905, 907 (2017) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)).
discussed Cited as authority (rule) State v. Williams
Del. Super. Ct. · 2021 · confidence medium
Under Delaware law, when there is an allegation of perceived bias or prejudice by the judge presiding over the proceeding, that judge must engage in a two-part subjective and objective analysis, established in Los v. Los,18 to determine whether he or she is disqualified from hearing the case. 14 Id. at 1905 . 15 D.I. 102 16 137 S. Ct. 905, 907 (2017) (finding “[r]ecusal is required when, objectively speaking, the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable”). 17 Id. at 906 . 18 595 A.2d 381, 383 (Del. 1991).
discussed Cited as authority (rule) Moderson v. City of Neenah
E.D. Wis. · 2021 · confidence medium
They point to no statements involving extrajudicial sources, no actual financial or personal conflicts of interest, nor any other evidence showing that “the risk of bias was too high to be constitutionally tolerable.” Rippo v. Baker, 137 S. Ct. 905, 907 (2017); see also Caperton v. A.T.
cited Cited as authority (rule) De Cola v. Starke County Election Board
N.D. Ind. · 2021 · confidence medium
See 28 U.S.C. § 455 ; Rippo v. Baker, 137 S. Ct. 905, 907 (2017) (per curiam).
discussed Cited as authority (rule) David Bollinger v. William Gittere
D. Nev. · 2021 · confidence medium
(Id.) Petitioner alleges that 27 “[t]he average judge in Judge Whitehead’s position would have understood the risk of 28 ruling in Mr. Bollinger’s favor—angering the agency in control of his career, his livelihood, 2 to be constitutionally tolerable.’” (Id., quoting Rippo v. Baker, 137 S. Ct. 905, 907 (2017) 3 (per curiam), and citing Echavarria v. Filson, 896 F.3d 1118, 1130-32 (9th Cir. 2018).) 4 Petitioner alleges that his counsel in his first state habeas action failed to raise this 5 claim of judicial bias because of a conflict of interest.
discussed Cited as authority (rule) Richardson (Thomas) Vs. State (Death Penalty-Pc)
Nev. · 2021 · confidence medium
Additionally, the Fourteenth Amendment's Due Process Clause requires disqualification "when, objectively speaking, 'the probability of actual bias on the part of the judge . . . is too high to be constitutionally tolerable.'" Rippo v. Baker, 137 S. Ct. 905, 907 (2017) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)).
discussed Cited as authority (rule) Chandler v. United States
C.D. Ill. · 2021 · confidence medium
“Due process guarantees ‘an absence of actual bias’ on the part of a judge.” Williams v. Pennsylvania, 136 S. Ct. 1899, 1905 (2016) (citing In re Murchison, 349 U.S. 133, 136 , 75 S. Ct. 623 (1955)). “[T]he Due Process Clause may sometimes demand recusal even when a judge ‘ha[s] no actual bias.’ Recusal is required when, objectively speaking, ‘the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.’” Rippo v. Baker, 137 S. Ct. 905, 907 (2017) (Aetna Life Ins.
examined Cited as authority (rule) Com. v. Blackson, J. (3×) also: Cited "see", Cited "see, e.g."
Pa. Super. Ct. · 2021 · confidence medium
To establish a due process violation for judicial bias, Blackson must prove actual judicial bias or that the “probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.” Rippo v. Baker, 137 S.Ct. 905, 907 (2017).
discussed Cited as authority (rule) Shannon v. United States
C.D. Ill. · 2020 · confidence medium
Tumey v. Ohio, 273 U.S. 510, 535 (1927). “[T]he Due Process Clause may sometimes demand recusal even when a judge ‘ha[s] no actual bias.’ Recusal is required when, objectively speaking, ‘the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.’” Rippo v. Baker, 137 S. Ct. 905, 907 (2017) (Aetna Life Ins.
discussed Cited as authority (rule) Tallant v. Tallant
W.D.N.C. · 2020 · confidence medium
The Due Process Clause requires recusal when “the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.” Rippo v. Baker, 137 S. Ct. 905, 907 (2017) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)).
discussed Cited as authority (rule) Bickerstaff v. Cuyahoga County
N.D. Ohio · 2020 · confidence medium
Recusal is only required when “the probability of actual bias on the part of the judge or decisionmakers is too high to be constitutionally tolerable.” Rippo v. Baker, 137 S. Ct. 905, 907 (2017) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (2016)).
cited Cited as authority (rule) Studier v. Smith
E.D. Mich. · 2020 · confidence medium
Due process may require disqualification even when a judge “ha[s] no actual bias.’” Rippo v. Baker, 137 S. Ct. 905, 907 (2017) (alteration in original) (citation omitted).
discussed Cited as authority (rule) United States v. Randy Williams (2×) also: Cited "see, e.g."
7th Cir. · 2020 · confidence medium
For the latter, courts must determine whether “the probability of actual bias on the part of the judge or de‐ cisionmaker is too high to be constitutionally tolerable.” Rip‐ po v. Baker, 137 S. Ct. 905, 907 (2017) (per curiam) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)). 8 No. 18‐3318 Courts have identified a limited set of circumstances that meet this standard.
discussed Cited as authority (rule) United States v. Randy Williams (2×) also: Cited "see, e.g."
7th Cir. · 2020 · confidence medium
For the latter, courts must determine whether “the probability of actual bias on the part of the judge or de‐ cisionmaker is too high to be constitutionally tolerable.” Rip‐ po v. Baker, 137 S. Ct. 905, 907 (2017) (per curiam) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)). 8 No. 18‐3318 Courts have identified a limited set of circumstances that meet this standard.
discussed Cited as authority (rule) United States v. Randy Williams (2×) also: Cited "see, e.g."
7th Cir. · 2020 · confidence medium
For the latter, courts must determine whether “the probability of actual bias on the part of the judge or de‐ cisionmaker is too high to be constitutionally tolerable.” Rip‐ po v. Baker, 137 S. Ct. 905, 907 (2017) (per curiam) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)). 8 No. 18‐3318 Courts have identified a limited set of circumstances that meet this standard.
discussed Cited as authority (rule) Robinson v. Southers
M.D. Penn. · 2019 · confidence medium
Recusal may also be required under the Due Process Clause of the United States Constitution where “objectively speaking, ‘the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.” Rippo v. Baker, 137 S. Ct. 905, 907 (2017) (quoting Withrow v. Larkin, 421 US. 35, 47 (1975)). “{A] party's displeasure with legal rulings does not form an adequate basis for recusal.” Securacomm Consulting, Inc. v. Securacom Inc., 224 F.3d 273, 278 (3d Cir. 2000).
discussed Cited as authority (rule) United States v. Aaron Richardson
4th Cir. · 2019 · confidence medium
So though “there may certainly be areas” where constitutional and statutory requirements overlap, a statutory violation “does not automatically mean the defendant was denied constitutional due process.” Davis v. Jones, 506 F.3d 1325, 1336 (11th Cir. 2007). 8 Mindful of these principles, we consider constitutional recusal dictates first before turning to the statutory ones. 3 A. Under the Due Process Clause, recusal is required when “the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.” Rippo v. Baker, 137 S. Ct. 905,…
discussed Cited as authority (rule) Rote v. Committee on Judicial Conduct and Disability of the Judicial Conference of the United States
D.D.C. · 2019 · confidence medium
The Supreme Court has explained that due process requires recusal “when, objectively speaking, ‘the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.’” Rippo v. Baker, 137 S.Ct. 905, 907 (2017) (quoting Withrow v. Larkin, 421 U.S. 35, 47 (1975)).
Retrieving the full opinion text from the archive…
Michael Damon RIPPO, Petitioner
v.
Renee BAKER, Warden.
Per Curiam.
Cited by 150 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 79%
Citer courts: D. Arizona (1)
[*906] PER CURIAM.

A Nevada jury convicted petitioner Michael Damon Rippo of first-degree murder and other offenses and sentenced him to death. During his trial, Rippo received information that the judge was the target of a federal bribery probe, and he surmised that the Clark County District Attorney's Office-which was prosecuting him-was playing a role in that investigation. Rippo moved for the judge's disqualification under the Due Process Clause of the Fourteenth Amendment, contending that a judge could not impartially adjudicate a case in which one of the parties was criminally investigating him. But the trial judge declined to recuse himself, and (after that judge's indictment on federal charges) a different judge later denied Rippo's motion for a new trial. The Nevada Supreme Court affirmed on direct appeal, reasoning in part that Rippo had not introduced evidence that state authorities were involved in the federal investigation. Rippo v. State, 113 Nev. 1239 , 1246-1250, 946 P.2d 1017 , 1023-1024 (1997) ( per curiam ).

In a later application for state postconviction relief, Rippo advanced his bias claim once more, this time pointing to documents from the judge's criminal trial indicating that the district attorney's office had participated in the investigation of the trial judge. See, e.g., App. to Pet. for Cert. 236-237, 397. The state postconviction court denied relief, and the Nevada Supreme Court affirmed. Rippo v. State, 132 Nev. ----, ----, 368 P.3d 729 , 743-745 (2016). It likened Rippo's claim to the "camouflaging bias" theory that this Court discussed in Bracy v. Gramley, 520 U.S. 899 , 117 S.Ct. 1793 , 138 L.Ed.2d 97 (1997). The Bracy petitioner argued that a judge who accepts bribes to rule in favor of some defendants would seek to disguise that favorable treatment by ruling against defendants who did not bribe him. Id., at 905 , 117 S.Ct. 1793 . We explained that despite the "speculative" nature of that theory, the petitioner was entitled to discovery because he had also alleged specific facts suggesting that the judge may have colluded with defense counsel to rush the petitioner's case to trial. See id., at 905-909 , 117 S.Ct. 1793 . The Nevada Supreme Court reasoned that, in contrast, Rippo was not entitled to discovery or an evidentiary[*907] hearing because his allegations "d[id] not support the assertion that the trial judge was actually biased in this case." 132 Nev., at ----, 368 P.3d, at 744 . *

We vacate the Nevada Supreme Court's judgment because it applied the wrong legal standard. Under our precedents, the Due Process Clause may sometimes demand recusal even when a judge " 'ha[s] no actual bias.' " Aetna Life Ins. Co. v. Lavoie, 475 U.S. 813 , 825, 106 S.Ct. 1580 , 89 L.Ed.2d 823 (1986). Recusal is required when, objectively speaking, "the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable." Withrow v. Larkin, 421 U.S. 35 , 47, 95 S.Ct. 1456 , 43 L.Ed.2d 712 (1975) ; see Williams v. Pennsylvania, 579 U.S. ----, ----, 136 S.Ct. 1899 , 1905, 195 L.Ed.2d 132 (2016) ("The Court asks not whether a judge harbors an actual, subjective bias, but instead whether, as an objective matter, the average judge in his position is likely to be neutral, or whether there is an unconstitutional potential for bias" (internal quotation marks omitted)). Our decision in Bracy is not to the contrary: Although we explained that the petitioner there had pointed to facts suggesting actual, subjective bias, we did not hold that a litigant must show as a matter of course that a judge was "actually biased in [the litigant's] case," 132 Nev., at ----, 368 P.3d, at 744 -much less that he must do so when, as here, he does not allege a theory of "camouflaging bias." The Nevada Supreme Court did not ask the question our precedents require: whether, considering all the circumstances alleged, the risk of bias was too high to be constitutionally tolerable. As a result, we grant the petition for writ of certiorari and the motion for leave to proceed in forma pauperis, and we vacate the judgment below and remand the case for further proceedings not inconsistent with this opinion.

It is so ordered.

*

The court further relied on its bias holding to determine that Rippo had not established cause and prejudice to overcome various state procedural bars. 132 Nev., at ----, 368 P.3d, at 745 . Because the court below did not invoke any state-law grounds "independent of the merits of [Rippo's] federal constitutional challenge," we have jurisdiction to review its resolution of federal law. Foster v. Chatman, 578 U.S. ----, ----, 136 S.Ct. 1737 , 1746, 195 L.Ed.2d 1 (2016).