Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Ginsburg Better Do Right Thing and Recuse Herself From Trump Travel Ban Case
LawNewz.com ^ | 6/4/2017 | Robert Barnes

Posted on 06/05/2017 4:35:49 AM PDT by simpson96

If campaign comments are evidence of bias in a way that invalidates the actions of a decision-maker (as the 4th Circuit claimed), then the same logic the 4th Circuit used to deny Trump’s travel ban must require Ginsburg’s recusal in the Supreme Court’s review of that travel ban.

The standard for recusal does not require a judge admit their bias. It only requires a review whether the public might “reasonably question” the “impartiality” of the judge in the matter. Liberals argued Justice Scalia merely hunting with a Vice President compelled his recusal. As Justice Scalia recognized, recusal is appropriate whenever a Justice has “said or done something” that impacts the perception of impartiality on a pending case. As Justice Scalia implicitly recognized, recusal may be necessary when the Court’s judgment would have “any bearing upon the reputation and integrity” of a party before the court if that individual Justice has voiced a prior opinion on that individual through friendship or hostility.(snip)

How can anyone not “reasonably question” whether Justice Ginsburg is partial about President Trump’s campaign intentions when she said the following about him:

•“He is a faker” in an attack on Trump CNN admitted “as if presenting a legal brief”

•“everything is up for grabs” if Trump wins, in Ginsburg denouncing Trump, to the Associated Press

•“Now it is time for us to move to New Zealand” if Trump won, to the New York Times

Can anyone looking at those statements conclude Ginsburg would not be reasonably seen as partial about Trump in a case that is all about perceiving Trump’s intentions? If Justice Ginsburg is honest to the principles she claims, she must recuse from the Trump travel ban case now before the Court.

(Excerpt) Read more at lawnewz.com ...


TOPICS: Chit/Chat
KEYWORDS: ginsburg; scotus; travelban
Navigation: use the links below to view more comments.
first 1-2021 next last

1 posted on 06/05/2017 4:35:49 AM PDT by simpson96
[ Post Reply | Private Reply | View Replies]

To: simpson96
Expecting a liberal Supreme Court Justice to do the right thing?


2 posted on 06/05/2017 4:37:36 AM PDT by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: simpson96

Certainly there should be some consistency. If the courts can rule his EO unconstitutional “because of his remarks” then she needs to step out.


3 posted on 06/05/2017 4:39:57 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: simpson96

She won’t. Sessions has already done the stupidest thing imaginable.


4 posted on 06/05/2017 4:43:28 AM PDT by miss marmelstein
[ Post Reply | Private Reply | To 1 | View Replies]

To: simpson96
Ginsburg = Do the right thing .... Not!

Ginsburg = Do the left thing ...Pribably.

5 posted on 06/05/2017 4:43:41 AM PDT by ThePatriotsFlag (We are getting even more than we voted for!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: simpson96

All that recusal stuff is just politics, like everything else. Republicans get shamed into “doing the right thing,” and the Left wins again.

Democrats sneer at the idea, flip us the bird, and the MSM loves it.


6 posted on 06/05/2017 4:47:23 AM PDT by Steely Tom (Liberals think in propaganda)
[ Post Reply | Private Reply | To 1 | View Replies]

To: simpson96
If Trump​ tweets this wouldn't that automatically mean half the country will perceive a bias? He won't tweet about it and she won't recuse
7 posted on 06/05/2017 4:50:16 AM PDT by wiseprince
[ Post Reply | Private Reply | To 1 | View Replies]

To: simpson96

There is no enforceable requirement for her to recuse and she won’t. The Bench is a power position to be used for the advancement of her ideology. Recusal is being a traitor to her ideology.


8 posted on 06/05/2017 4:52:30 AM PDT by arthurus
[ Post Reply | Private Reply | To 1 | View Replies]

To: \/\/ayne
Expecting a liberal Supreme Court Justice to do the right thing?

Justice is not why they are there. It is not how they understand their position.

9 posted on 06/05/2017 4:54:20 AM PDT by arthurus
[ Post Reply | Private Reply | To 2 | View Replies]

To: wiseprince

Trump twweted the truth when he said this, this morning, referring to litigation of his immigration EO ... “The courts are slow and political!”


10 posted on 06/05/2017 4:58:52 AM PDT by Cboldt
[ Post Reply | Private Reply | To 7 | View Replies]

To: simpson96

Pray for her, and for the rest of the liberals on the court. Psalm 109:8


11 posted on 06/05/2017 5:08:14 AM PDT by John O (God Save America (Please))
[ Post Reply | Private Reply | To 1 | View Replies]

To: simpson96

Ginsburg should have been compelled to resign in disgrace the day after she wore her “dissent collar” to protest the election outcome.


12 posted on 06/05/2017 5:49:50 AM PDT by thoughtomator
[ Post Reply | Private Reply | To 1 | View Replies]

Comment #13 Removed by Moderator

To: simpson96

She will rule with the lower court, deliberately oblivious to her own double standards in the matter.


14 posted on 06/05/2017 7:00:23 AM PDT by dirtboy
[ Post Reply | Private Reply | To 1 | View Replies]

To: simpson96

“...no, Mr. Bond, I expect you to die.”


15 posted on 06/05/2017 7:02:33 AM PDT by Lazamataz (The "news" networks and papers are bitter, dangerous enemies of the American people.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: arthurus

a2.Section 4.

The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.


16 posted on 06/05/2017 7:06:33 AM PDT by The_Republic_Of_Maine (politicians beware)
[ Post Reply | Private Reply | To 8 | View Replies]

To: John O

all of 109, not just one verse.


17 posted on 06/05/2017 7:07:20 AM PDT by The_Republic_Of_Maine (politicians beware)
[ Post Reply | Private Reply | To 11 | View Replies]

To: All

The Rats NEVER recuse unlike our side they know it’s a war. There is 0 chance she will recuse take it to the bank.


18 posted on 06/05/2017 7:17:50 AM PDT by gibsonguy
[ Post Reply | Private Reply | To 17 | View Replies]

To: gibsonguy; dirtboy

I wonder what her fellow chief Justices think of her making a joke out of what the SC is *supposed* to stand for. (No doubt the two other Leftist females are thinking “You go, girl”.)


19 posted on 06/05/2017 7:40:01 AM PDT by simpson96
[ Post Reply | Private Reply | To 18 | View Replies]

To: The_Republic_Of_Maine

When is the last time a USSC Justice was impeached? It will never happen.


20 posted on 06/05/2017 10:16:42 AM PDT by arthurus
[ Post Reply | Private Reply | To 16 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson