No Recuse For Ginsburg

Ginsburg - Not a happy female at allWith the US Supreme Court both overturning most parts of the 9th Circuit Court’s injunction against President Trumps’ travel from six predominately Muslim countries and granting a a writ of certiorari for the case as a whole, many people, including 58 Republican lawmakers, are requesting that Justice Ruth Ginsburg recuse herself from the upcoming case due to her overt and obvious bias against the President.

Given her comments throughout the 2016 elections, it’s easy to understand why so many people think that Ginsburg should recuse herself.

I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president.

~*~

He is a faker. He has no consistency about him. He says whatever comes into his head at the moment. He really has an ego. … How has he gotten away with not turning over his tax returns?

~*~

I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president. For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.

Ginsburg has shown a strong bias against- and a a nigh on hysterical antipathy towards President Trump. As such, the ethical thing for her to do is to recuse herself from this upcoming case and any and every case involving President Trump’s administration that reaches the SCOTUS in the future. That being rightfully said, the claim that she is legally bound to do so is effectively meaningless and nothing but another iteration of the political kabuki we’re too used to.

While the relevant statute, 28 U.S.C. § 455(a), does technically apply to SCOTUS Justices, so does the longstanding long accepted tradition of “Duty to Sit.” Additionally, there is really no tested means of enforcing 28 U.S.C. § 455 upon the SCOTUS. Essentially, the SCOTUS being the nation’s highest court, there’s no authority to appeal to in the case of the SCOTUS Justice not recusing themselves.

A different but related note. Our concerns about Ginsburg’s lack of partiality are being heavily played by those with something to gain. One, Ginburg is part of the minority in the SCOTUS. Two and much more importantly, the SCOTUS lifting of most of the injunction against the “Travel Ban” was delivered per curiam, meaning it came from a unanimous decision by the Court – including Justice Ginsburg.

So be neither too shocked nor too concerned if Ginsburg doesn’t recuse herself. It is likely that, at worst, she would be one of the minority dissenting opinions on the case and even that is actually in doubt.

Related Reading:

The Refugees
Notorious RBG: The Life and Times of Ruth Bader Ginsburg
The Price of Justice: A True Story of Greed and Corruption
Landmark Supreme Court Cases: The Most Influential Decisions of the Supreme Court of the United States
Building Resilience in Children and Teens: Giving Kids Roots and Wings

Tags: | | | | | | | | | |

Our Last Chance

Our Last Chance To Defend The Scotus From Liberal Infection
Our Last Chance To Defend The SCOTUS

If any American still needs a compelling reason to vote for Trump in the upcoming 2016 elections, this is it. If Hillary is elected, the makeup of the SCOTUS will be irrevocably changed and those Liberal “justices” will fundamentally transform America through judicial activism.

Related Reading:

MAD About Trump: A Brilliant Look at Our Brainless President
Great Again: How to Fix Our Crippled America
The Oxford Guide to United States Supreme Court Decisions
Dog Whistle Politics: How Coded Racial Appeals Have Reinvented Racism and Wrecked the Middle Class
Politics (Dover Thrift Editions)

Tags: | | | | | | | | |

Justice Scalia’s Passing

Justice ScaliaScalia Iudex Ave Atque Vale

Justice Scalia has passed over into death after just barely under 80 years on this Earth and 20 years of duty as an Associate Justice of the Supreme Court of the United States. He is said to have passed peacefully in his sleep after an afternoon of quail hunting and evening of fine dining at Texas’ famous Cibolo Creek Ranch.

Truly, as last days in this life go, quail hunting and a great dinner is far, far, far from the worst one possible. It’s pleasing to know Justice Scalia got to enjoy such.

Justice Scalia will certainly be missed by Americans, though the Liberals and Progressives are more likely to celebrate his death than to mourn it. How much we, the People will lament Justice Scalia’s death remains to be seen. It will depend upon first whether or not Congress can block whoever Obama digs up as a replacement and secondly, assuming the first is successful, who is elected as the next POTUS in November.

In other words, Ladies and Gentlemen of America, we’ve just been handed a truly grim reminder of just exactly how the upcoming Presidential election is existentially important to the future of our nation.

Related Reading:

Jewish Justices of the Supreme Court: From Brandeis to Kagan (Brandeis Series in American Jewish History, Culture, and Life)
The Educator's Guide to Texas School Law: Eighth Edition
America: A Concise History, Combined Volume
Secrets in Death: An Eve Dallas Novel (In Death, Book 45)
America Vol. 1: The Life and Times of America Chavez

Tags: | | | | | | | |