Why doesn't Scalia recuse himself from gay issues before the Court? (legal, bias)
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He has publicly proclaimed his vitriol and utter distaste for gays and lesbians. Why is he allowed to make decisions over gay and lesbian rights when we already know what his decision would be?
I don't think having a strong opinion requires recusal. Usually, recusal occurs when someone has a personal connection or business dealing with a certain group or organization.
If there really is supposed to be no bias in a SC justice's ruling on issues that affect our country, why is it such a big deal who the president appoints in the first place? I think we all know the answer.
I don't think having a strong opinion requires recusal. Usually, recusal occurs when someone has a personal connection or business dealing with a certain group or organization.
Not necessarily. Excerpt:
(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. (b) He shall also disqualify himself in the following circumstances: (1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
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Simply because you disagree with his assessment does not require him to recuse himself. The other eight will out weigh him if he is out of line. That's why there are multiple people on there, not just one.
Simply because you disagree with his assessment does not require him to recuse himself. The other eight will out weigh him if he is out of line. That's why there are multiple people on there, not just one.
It's not just his assessment. It's his complete inability to even listen to what the pro-gay side wants to say and already making up his mind before they even get a chance to make a case.
12-15-2012, 10:57 AM
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n/a posts
Quote:
Originally Posted by wehotex
It's not just his assessment. It's his complete inability to even listen to what the pro-gay side wants to say and already making up his mind before they even get a chance to make a case.
Exactly.
The idea that justices would be completely impartial is, of course, divorced from reality. However, Scalia takes it to a level that's quite extreme. He doesn't just come into a case with a little bias. He's an open bigot who doesn't listen and has already made up his mind before the arguments even start. He doesn't need to listen to arguments because he's going to rule based entirely on his own prejudices, then go back and look for a way to justify it legally.
I don't like the idea of trying to coerce anyone into doing something against their will. Unless there's a solid law that says he needs to recuse himself, I think this discussion is moot.
He has publicly proclaimed his vitriol and utter distaste for gays and lesbians. Why is he allowed to make decisions over gay and lesbian rights when we already know what his decision would be?
Others recluse themselves i other matters. What you think they should but that is power they are given when they have basic beliefs aginst a issue oither than constitional gronds that prevent any other perosn view.
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