Supreme Court: Ginsburg unethical

Posted:
in General Discussion edited January 2014
Ginsburg and NOW



We of course heard the wailing chorus of liberals declaring that Judge Scalia was unethical for...going fishing.



I of course expect nothing but cricket chips over the outright endorsement and actual advocacy for the NOW legal defense fund.



Fishing = collusion and corruption

Sponsoring and speaking for a group that routinely has business in front of the court = impartiality?





Nick
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Comments

  • Reply 1 of 34
    homhom Posts: 1,098member
    Agreed.



    Gindsburg should not be holding lectures for NOW and Scallia should not be hunting with Cheney.



    If there is a hint of impartiality, the judge should recuse them-self. No excuses. If there is a doubt, the judge doesn't get to hear the case.
  • Reply 2 of 34
    chu_bakkachu_bakka Posts: 1,793member
    I know the whole thing with facts tend to trip you up but...



    A case is coming before the supreme court that actually pertains to a investigation of Cheney's Secret Energy meetings... and whether the members of these meeting and what was said in the meetings should be public record.



    The last time I checked NOW wasn't being investigated for anything...



    Organizations are different than individuals.





    http://www.record-eagle.com/2004/feb/021104.htm
  • Reply 3 of 34
    trumptmantrumptman Posts: 16,464member
    Quote:

    Originally posted by chu_bakka

    I know the whole thing with facts tend to trip you up but...



    A case is coming before the supreme court that actually pertains to a investigation of Cheney's Secret Energy meetings... and whether the members of these meeting and what was said in the meetings should be public record.



    The last time I checked NOW wasn't being investigated for anything...



    Organizations are different than individuals.





    http://www.record-eagle.com/2004/feb/021104.htm




    Now all you have to do is show how knowing Cheney and hunting with him would prejudice Scalia toward energy meetings.



    Judges are supposed to remain impartial. Even if NOW has no cases on the dockets for the court at this moment, helping them and sponsoring them is not "impartial."



    Seems the trouble isn't in the facts, but in your understanding of word definitions. Impartial isn't somethign you turn on and off.



    Nick
  • Reply 4 of 34
    pfflampfflam Posts: 5,053member
    Quote:

    Originally posted by trumptman

    Ginsburg and NOW



    We of course heard the wailing chorus of liberals declaring that Judge Scalia was unethical for...going fishing.



    I of course expect nothing but cricket chips over the outright endorsement and actual advocacy for the NOW legal defense fund.



    Fishing = collusion and corruption

    Sponsoring and speaking for a group that routinely has business in front of the court = impartiality?





    Nick




    Seems to me that judgement should be withheld until NOW has an actual reason to have Ginzburg in court working on something related to them as a group.



    But I guess that compute . . . .



    Besides, its about a women's organization and we all know how you feel about women outside of the kitchen
  • Reply 5 of 34
    pfflampfflam Posts: 5,053member
    Quote:

    Originally posted by trumptman

    Now all you have to do is show how knowing Cheney and hunting with him would prejudice Scalia toward energy meetings.



    Judges are supposed to remain impartial. Even if NOW has no cases on the dockets for the court at this moment, helping them and sponsoring them is not "impartial."



    Seems the trouble isn't in the facts, but in your understanding of word definitions. Impartial isn't somethign you turn on and off.



    Nick




    That's wrong . . . you're just looking to find fleas in a pale of ice
  • Reply 6 of 34
    thoth2thoth2 Posts: 277member
    Quote:

    Originally posted by trumptman

    Now all you have to do is show how knowing Cheney and hunting with him would prejudice Scalia toward energy meetings.



    Judges are supposed to remain impartial. Even if NOW has no cases on the dockets for the court at this moment, helping them and sponsoring them is not "impartial."



    Seems the trouble isn't in the facts, but in your understanding of word definitions. Impartial isn't somethign you turn on and off.



    Nick




    One can't recuse oneself from a case if a case is not pending.
  • Reply 7 of 34
    thoth2thoth2 Posts: 277member
    Quote:

    Originally posted by trumptman



    Judges are supposed to remain impartial. Even if NOW has no cases on the dockets for the court at this moment, helping them and sponsoring them is not "impartial."



    Nick




    Should federal judges not be allowed to vote? That is by definition an act of partiality. Give political donations in their capacities as citizens? Where is your line between legitimate activity guaranteed to all citizens and "appearance of impartiality"?



    Until RBG has a case in front of her involving NOW, I'm not going to worry about her impartiality because there is nothing upon which it may operate.

    Thoth

    [edit - changed impropriety to impartiality]
  • Reply 8 of 34
    buonrottobuonrotto Posts: 6,368member
    Yet another thread designed to bait other members rather than discuss a topic. So far I've counted at least 2 personal attacks too. Is there any hope for this thread?
  • Reply 9 of 34
    trumptmantrumptman Posts: 16,464member
    Quote:

    Originally posted by pfflam

    Seems to me that judgement should be withheld until NOW has an actual reason to have Ginzburg in court working on something related to them as a group.



    But I guess that compute . . . .



    Besides, its about a women's organization and we all know how you feel about women outside of the kitchen




    Nice tactics, accuse others of what you yourself cannot justify or defend.



    Ginsburg having an association with NOW makes her biased. Ginsburg declined comment when she simply could have said she would recuse herself from future business with NOW cases. NOW declares her impartiality to be unchanged.



    So get back in the kitchen, pfflam.



    Nick
  • Reply 10 of 34
    trumptmantrumptman Posts: 16,464member
    Quote:

    Originally posted by Thoth2

    One can't recuse oneself from a case if a case is not pending.



    One can avoid joining and sponsoring groups who's purpose is legal advocacy within the courts while sitting on the bench of those courts.



    Nick
  • Reply 11 of 34
    brbr Posts: 8,395member
    You are deluding yourself if you think that anyone is impartial. You are also deluding yourself if you think that endorsing an organization is the same as being close personal friends with someone who is being investigated.
  • Reply 12 of 34
    thoth2thoth2 Posts: 277member
    Quote:

    Originally posted by trumptman

    One can avoid joining and sponsoring groups who's purpose is legal advocacy within the courts while sitting on the bench of those courts.



    Nick




    That is obviously way too wide a net. Every organization potentially (and likely) will have business before the courts, and most large organizations have arms that are specifically tasked with litigation. That would disqualify any membership in any group that is potentially politically active.



    Judges are allowed to be political actors in their individual capacities (I don't mean "politicians", of course).

    Thoth
  • Reply 13 of 34
    trumptmantrumptman Posts: 16,464member
    Quote:

    Originally posted by Thoth2

    That is obviously way too wide a net. Every organization potentially (and likely) will have business before the courts, and most large organizations have arms that are specifically tasked with litigation. That would disqualify any membership in any group that is potentially politically active.



    Judges are allowed to be political actors in their individual capacities (I don't mean "politicians", of course).

    Thoth




    The code of conduct for the federal courts does not set clear rules for judges' involvement with advocacy groups. But it warns jurists to steer clear of outside legal activities that would "cast reasonable doubt on the capacity to decide impartially any issue that may come before" them.



    Seems the code of conduct would disagree with you.



    Quote:

    Originally posted by BR

    You are deluding yourself if you think that anyone is impartial. You are also deluding yourself if you think that endorsing an organization is the same as being close personal friends with someone who is being investigated.



    There is a big difference between trying to be impartial and ending up human (we all have some biases) and outright advocacy of a position.



    Nick
  • Reply 14 of 34
    thoth2thoth2 Posts: 277member
    Quote:

    Originally posted by trumptman

    [I]

    Seems the code of conduct would disagree with you.



    There is a big difference between trying to be impartial and ending up human (we all have some biases) and outright advocacy of a position.



    Nick




    I am familliar with the code of conduct as I had to read it before my clership with my judge, but I don't have them in front of me. Your quote says "legal activities." I don't see how a speech and membership in an advocacy group qualifies.



    NB that Scalia and other judges have made very public comments about their own political positions on controversial topics such as abortion. These tend to be abstract comments rather than preordained opinions to be issued in some future case. I would imagine that what Ginsberg does with NOW would fall under that umbrella at worst.



    Again, I can't make a comment about whether Ginsberg should recuse herself in a future case until the parameters of that case are concrete.



    Thoth
  • Reply 15 of 34
    brbr Posts: 8,395member
    So you are saying it is unethical to proclaim yourself Pro-Life or Pro-Choice if you are on the supreme court?
  • Reply 16 of 34
    thoth2thoth2 Posts: 277member
    Quote:

    Originally posted by BR

    So you are saying it is unethical to proclaim yourself Pro-Life or Pro-Choice if you are on the supreme court?



    Me? No, I don't think it is unethical unless the judge also indicates that s/he would vote a certain way regardless of the underlying factual circumstances or state of the law.

    Thoth
  • Reply 17 of 34
    scottscott Posts: 7,431member
    Quote:

    Originally posted by Thoth2

    One can't recuse oneself from a case if a case is not pending.





    Did yo bother to read the article?



    Quote:

    Two weeks earlier, she had voted in a medical screening case and taken the side promoted by the legal defense fund in its friend-of-the-court brief.



  • Reply 18 of 34
    thoth2thoth2 Posts: 277member
    Quote:

    Originally posted by Scott

    Did yo bother to read the article?



    Uh, yeah, but the position taken by the original poster in the portion of the thread to which I was responding seemed to state a much broader proposition - that being a member of an advocacy organization itself impugned impartiality. It seemed to me that he was suggesting either 1) automatic recusal where a member's organization comes before the court regardless of the factual underpinnings of the case or 2) that membership in an advocacy org is a per se ethical violation.



    Perhaps I should have been more clear.



    Whatever, I'll go back to lurking.



    Thoth.
  • Reply 19 of 34
    trumptmantrumptman Posts: 16,464member
    Quote:

    Originally posted by Thoth2

    Me? No, I don't think it is unethical unless the judge also indicates that s/he would vote a certain way regardless of the underlying factual circumstances or state of the law.

    Thoth




    Well stated. BR Thoth2 typed my answer to your question.



    Now BR, answer me this. Is having a belief about abortion, say being pro-choice the same thing as actually belong to a group that is a party in lawsuits, lobbies for legislation, files briefs on the side of certain parties in cases, etc.



    Nick
  • Reply 20 of 34
    Quote:

    Originally posted by trumptman

    Well stated. BR Thoth2 typed my answer to your question.



    Now BR, answer me this. Is having a belief about abortion, say being pro-choice the same thing as actually belong to a group that is a party in lawsuits, lobbies for legislation, files briefs on the side of certain parties in cases, etc.



    Nick




    Aren't appointments to the Supreme Court based mainly upon the beliefs of the judge and how closely they match the current administrations ideals?



    If that's not right, ignore me, and I'll go and research it.
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