Canon 3A(6) of the Code of Conduct for United States Judges states: “A judge should not make public comment on the merits of a matter pending or impending in any court.” 28 U.S.C. sec 455(a) mandates that a justice “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”
On these grounds, should not Justices Kagan and Ginsburg recuse themselves from the same-sex marriage case presently before the Supreme Court? Both have performed same-sex marriages and both have spoken out in favor of it.
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