Ginsburg and Kagan Must Recuse Themselves on ‘Gay Marriage’ Case


Supreme Court justices Ruth Bader Ginsburg and Elana Kagan must recuse themselves from the upcoming decision on homosexual marriage.

The reason is simple: their impartiality on the matter has been hopelessly compromised.

Here’s how Title 28, Part I, Chapter 21, Section 455 of the U.S. Code reads (emphasis mine): Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

Thus any justice who has tipped his hand on how he would vote on gay marriage, any justice who has taken sides, any justice whose ability to be objective on the matter in question, has a legal, moral, ethical and professional duty to withdraw. In fact, he would be violating federal law if he didn’t. His sacred, sworn duty as a justice is to uphold the law, not break it.

Both Kagan and Ginsburg have performed same-sex wedding ceremonies. Ginsburg has at least three and maybe five such ceremonies under her belt, and she had the effrontery to perform one of them in the chambers of the Supreme Court itself.
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