Thursday, December 2, 2010

Judicial impartiality and Prop8

The Bad Guys argued that Judge Vaughn Walker couldn't be fair in the original Prop8 finding, because he is reputed to be gay. By their logic, only straight white Christian men can be fair.

Some on our side argued that because Judge Randy Smith, one of the three 9th circuit judges scheduled to hear the Prop8 appeal next week, might be Mormon, that he should be suspect. Fortunately this was shot down as completely inappropriate, for exactly the same reasons that the other side's protest against Judge Walker was unjustified. It doesn't matter.

But the Bad Guys don't believe that. WHile they would have yowled if our side had protested Judge Smith, they next demanded that Judge Stephen Reinhardt, another of the panel, recuse himself because his wife works for the Southern California ACLU. Judge Reinhardt said "no".

Funny how the conservatives believe such rules only apply to liberals. On the Supreme Court, Justice Clarence Thomas's wife ran the tea party group Liberty Central. More directly concerning are the actions of Justices Thomas and Scalia, who themselves attended conservative political meetings organized by the mysterious Koch brothers, and Justice Samuel Alito, who actively participates in conservative fundraising.

IOKIYAR, I guess.

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