William Katz:  Urgent Agenda

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WILL RUTHIE DO THE RIGHT THING? – AT 9:56 A.M. ET:  The Supreme Court is taking up the case of the president's travel ban.  But will the Court be impartial?  One justice seems to have a serious bias problem.  I think this is fascinating.  From Law Newz: 

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 Ruth 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.

And...

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.

COMMENT:  I doubt if Ginsburg will do the right thing and recuse herself.  She's headstrong and sees herself as the most virtuous person in the room.  She'll stay, and vote against Trump, and nothing can be done about it.

June 5,  2017