Here's another reason to put your stock market investments into a blind trust once you become a judge. That way, you won't have to deal with motions such as these. And the resulting implicit (or even explicit) attacks on your actual or apparent partiality.
Judge Pregerson doesn't recuse himself, and I think he's right that his failure to do so doesn't justify recalling the mandate. Still, it would probably have been better if the problem had never arisen in the first place.
Moreover, as this case amply demonstrates, you often aren't aware of a recusal problem until after you've written the opinion and/or participated on the panel. Yet another reason to avoid potential conflicts at the outset.
Blind trusts. Learn it. Live it. Be it.
