Bench Memos

Re: Ginsburg’s Astounding Indiscretion

If you need further confirmation that Justice Ginsburg has violated her ethical duties in publicly blathering that Americans are ready for the Court to invent a constitutional SSM right, let’s consider the ethical standard espoused by … Ginsburg herself. 

At her 1993 confirmation hearing, Ruth Bader Ginsburg, invoking her ethical obligation as a judge to maintain both the fact and the appearance of impartiality, steadfastly declined to answer any questions about her views on issues that might come before the Court. As she explained in answering a question about “sexual orientation”: “I cannot say one word on that subject that would not violate what I said had to be my rule about no hints, no forecasts, no previews.” On issue after issue after issue, Ginsburg applied this standard in not answering questions.

Yet Ginsburg somehow now feels justified in openly signaling her views on a question of first impression in a pending case. Appalling.

Under 28 USC 455(a), a justice is obligated to “disqualify h[er]self in any proceeding in which [her] impartiality might reasonably be questioned.” It’s time to follow the law, Justice Ginsburg.

 

 

Most Popular

Film & TV

Netflix Debuts Its Obama Manifesto

This week’s widespread media blitz heralding Netflix’s broadcast of its first Obama-endorsed presentation, American Factory, was more than synchronicity. It felt as though U.S. publicists and journalists collectively exhaled their relief at finally regaining the bully pulpit. Reviews of American Factory, a ... Read More
Politics & Policy

Capital versus Tucker Carlson

Advertisers do not advertise on Tucker Carlson’s show to endorse the views of Tucker Carlson. They advertise on his show for the same reason they advertise elsewhere: a captive audience — in Tucker’s case, the second-largest one in cable news — might spare thirty seconds of attention that will, they hope, ... Read More
Natural Law

Are Your Sexual Preferences Transphobic?

Last year, a study exploring “transgender exclusion from the world of dating” was published in the Journal of Social and Personal Relationships. Of nearly 1,000 participants, the overwhelming majority, 87.5 percent, irrespective of their sexual preference, said they would not consider dating a trans person, ... Read More