Additionally, it is questionable whether Marshall should have participated in the "Marbury" case because of his participating role in the dispute. Marshall was still the acting Secretary of State when the nominations were made, and he himself had signed Marbury and the other men's commissions and had been responsible for their delivery. This potential conflict of interest raises strong grounds for Marshall to have recused himself from the case. In hindsight, the fact that Marshall did not recuse himself from "Marbury" is likely indicative of his eagerness to hear the case and use it to establish judicial review.