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 previous 1-2021 last
To: simpson96
“Now it is time for us to move to New Zealand” if Trump won, to the New York Times

A question for y'all: has there ever been a liberal who swore to leave the USA if so-and-so happens and then left when so-and-so happened?

21 posted on 06/05/2017 12:54:50 PM PDT by upchuck (Liberals: angry toddlers banging their spoons on the trays of their high-chairs at every opportunity)
[ Post Reply | Private Reply | To 1 | View Replies]


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