Fabiaz’s “disqualification is mandatory and may not be waived by the parties,” the document said. Judge Julien Xavier Neals, President Joe Biden’s nominee for 2021 U.S. District Judge, will preside over the case.
It is unclear why Judge Fabiaz was disqualified from hearing the case, but there are several possibilities. The specific rule mentioned in the filing – Canon 3(C)(1)(d) – states that a judge must disqualify himself from a proceeding when “the judge’s impartiality may reasonably be questioned.” This could mean that Fabiaz or his relatives were too closely associated with the case.