Perhaps the sentiments contained in the following pages, are not YET sufficiently fashionable to procure them general favour; a long habit of not thinking a thing WRONG, gives it a superficial appearance of being RIGHT, and raises at first a formidable outcry in defense of custom. Thomas Paine, writing from Philadelphia, February 14, 1776
Friday, May 29, 2015
Recusal?
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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