Louisiana Gov. Bobby Jindal (R) expressed support on Wednesday for a measure passed in the Louisiana state House calling on Supreme Court Justices Ruth Bader Ginsburg and Elena Kagan to recuse themselves from the decision on state bans on same-sex marriage.
The state House on Monday passed a resolution claiming that Ginsburg and Kagan “have each engaged in public conduct suggestive of bias” regarding gay marriage and have “thus demonstrate(d) an inability to be objective.”
Jindal said on Wednesday that it a “fair question” to ask if the two justices should recuse themselves from the Supreme Court case.
“It’s a fair question in that they have officiated same-sex weddings, which is the subject of the decision,” Jindal Spokeswoman Shannon Bates told Buzzfeed News. “If he had his way, they would both recuse themselves from every case because they are liberal activists who see the bench as a means of enacting their agenda.”
Both Ginsburg and Kagan have officiated weddings for gay couples.
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Officiating a friend’s wedding = Evidence of bias. Recuse!
Attending multiple Koch Bros fundraisers = Move along. Nothing to see here.
“If he had his way, they would both recuse themselves from every case because they are liberal activists who see the bench as a means of enacting their agenda.”
Now that’s rich. Let’s set aside the laws and social mores that address recusal (I’m a commercial litigator and a former law clerk, so I know a little about that…) - this is oddly honest of Jindal. He is advocating that no person should be able to be a judge or justice, a priori, if they disagree with his political biases. Attitudes like this are reasons why even excellent conservative judges (e.g. Richard Posner) never make it up to SCOTUS: they aren’t ideological hacks and are unpredictable. Republicans made that mistake with Souter and they’ll never make it again.
“If he had his way, they would both recuse themselves from every case because they are liberal activists who see the bench as a means of enacting their agenda.”
Of course, conservatives NEVER do this - it’s not like they have a decades-long mission to do exactly this or anything.
Amen, brother.