As we have reported on extensively in the past, the plaintiffs in a sex discrimination lawsuit before Judge Carter have asked that Magistrate Judge Peck recuse himself due to his public support for the use of predictive coding in e-discovery. Magistrate Judge Peck refused, and his decision not to recuse himself was upheld by Judge Carter and the Second Circuit. The plaintiffs now ask the Supreme Court to weigh in, claiming that the district court’s recusal decisions should have been reviewed de novo, rather than on an abuse of discretion standard, and that under de novo review the Second Circuit would have been forced to overturn Judge Carter’s ruling. The plaintiffs claim that the circuits are split over the proper standard of review on recusal decisions. (Hat tip, Law360.)