The Airtight Case for Vacating Walker’s Ruling

That’s what I call Ed Whelan’s NRO article today, on the implications under standard recusal norms of Judge Vaughn Walker’s recent disclosure that he has been in a relationship with a man for the last ten years.  When I read Ed’s article, I thought, “I read a lot of news every day, and though I know I’ve been busy lately, how did I miss this news about Judge Walker?”  How is it not a major news story that the judge in the Prop 8 case can reasonably be thought to have his impartiality questioned?  How is it not news that this is the capstone of Judge Walker’s egregious behavior during the trial, and irremediably damages whatever integrity could have been claimed for his ruling last August?  Why did this not make the front page of the New York Times (or any other page for that matter), while today’s front page carries a decidedly non-newsy story about the efforts of homosexual students to undo the Christian ethic at Christian colleges?

And where, pray tell, are the liberal leaders in the legal academy and profession who, whatever their views on same-sex marriage, regard Judge Walker’s behavior as appalling?  Anyone?  Anyone?

Matthew J. Franck — Matthew J. Franck is the Director of the William E. and Carol G. Simon Center on Religion and the Constitution at the Witherspoon Institute in Princeton, New Jersey.

Most Popular

Politics & Policy

Students’ Anti-Gun Views

Are children innocents or are they leaders? Are teenagers fully autonomous decision-makers, or are they lumps of mental clay, still being molded by unfolding brain development? The Left seems to have a particularly hard time deciding these days. Take, for example, the high-school students from Parkland, ... Read More
Elections

Romney Is a Misfit for America

Mitt’s back. The former governor of Massachusetts and occasional native son of Michigan has a new persona: Mr. Utah. He’s going to bring Utah conservatism to the whole Republican party and to the country at large. Wholesome, efficient, industrious, faithful. “Utah has a lot to teach the politicians in ... Read More
Law & the Courts

What the Second Amendment Means Today

The horrifying school massacre in Parkland, Fla., has prompted another national debate about guns. Unfortunately, it seems that these conversations are never terribly constructive — they are too often dominated by screeching extremists on both sides of the aisle and armchair pundits who offer sweeping opinions ... Read More
U.S.

Fire the FBI Chief

American government is supposed to look and sound like George Washington. What it actually looks and sounds like is Henry Hill from Goodfellas: bad suit, hand out, intoning the eternal mantra: “F*** you, pay me.” American government mostly works by interposition, standing between us, the free people at ... Read More
Film & TV

Black Panther’s Circle of Hype

The Marvel Cinematic Universe (MCU) first infantilizes its audience, then banalizes it, and, finally, controls it through marketing. This commercial strategy, geared toward adolescents of all ages, resembles the Democratic party’s political manipulation of black Americans, targeting that audience through its ... Read More