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Prop. 8 sponsors ask judge to disqualify himself

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Newsjock Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 11:15 PM
Original message
Prop. 8 sponsors ask judge to disqualify himself
Source: San Francisco Chronicle

Sponsors of California's ban on same-sex marriage asked a liberal federal appeals court judge Wednesday evening to disqualify himself from the panel that will review the ban next week because of his wife's leadership role in the American Civil Liberties Union.

Judge Stephen Reinhardt's "impartiality might reasonably be questioned" because his wife, Ramona Ripston, is an outspoken opponent of Proposition 8 and has taken part in legal proceedings to overturn the ballot measure, lawyers for the measure's supporters told the Ninth U.S. Circuit Court of Appeals in San Francisco.

Reinhardt, an appointee of President Jimmy Carter who is generally considered the court's most liberal member, is on a three-judge panel announced Monday for the Dec. 6 hearing on the constitutionality of Prop. 8.

If he disqualified himself, another judge would be chosen at random, and the hearing would probably be postponed.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/12/01/BAMH1GKOAV.DTL&tsp=1
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ruggerson Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 11:17 PM
Response to Original message
1. They can go fuck themselves
and so can everyone who voted for it.
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niyad Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 11:18 PM
Response to Original message
2. but the judges down south who own oil stock don't have to recuse themselves on oil cases, right?
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Orrex Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 11:26 PM
Response to Reply #2
3. That's an offensive comparison
Everyone knows that oil-based mega-wealth equates to unassailable jurisprudence, while considering homosexuals to be human beings equates to an abominable conflict of interest.

Duh.
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niyad Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 11:51 PM
Response to Reply #3
6. you are right, that was awful of me.
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aggiesal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 11:28 PM
Response to Reply #2
4. How else can EXXON ...
make the most profit in the history of all Corporations and
not pay 1 penny towards taxes?

BTW, EXXON received $156,000,000 tax refund check last year.
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Orrex Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-01-10 11:32 PM
Response to Reply #4
5. oh.
:puke:
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-02-10 12:16 AM
Response to Original message
7. He should say some thing like .....
Edited on Thu Dec-02-10 12:19 AM by Tx4obama
"As soon as TeaParty group Liberty Central's founder Ginni Thomas' husband Clarence Thomas (a yea voter in Citizens United) resigns from the SCOTUS, then I will recuse myself." :)

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RandySF Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-02-10 12:17 AM
Response to Original message
8. But it was ok...
for Ginny Thomas to be an active tea bagger?
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alp227 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-02-10 01:10 AM
Response to Original message
9. is the ACLU only doing an amicus curiae brief in this case?
I think that "conflict of interest" exists only if ACLU were a plaintiff. Otherwise the Prop 8 defenders are just desperate.
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Unvanguard Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-02-10 01:47 AM
Response to Original message
10. I read the motion. IANAL and I don't know much about recusal rules
but it seems pretty weak to me. Judge Reinhardt's wife is the head of an organization that has a strong opinion about the case. So?
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The Second Stone Donating Member (603 posts) Send PM | Profile | Ignore Thu Dec-02-10 02:04 AM
Response to Original message
11. Ginny Thomas doesn't disqualify Clarance
so no dice. The law applies equally to everyone.
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gtar100 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-02-10 03:42 AM
Response to Original message
12. That's right. A judge who is for civil liberties just might be biased.
Reinhardt damn well better *NOT* disqualify himself for this. But this call by the "sponsors" sure reveals what a bunch of fascists they are. So god damn them - no - fuck them!! Support for civil liberties is not the same as a financial interest.

I guess they realize that civil liberties are a little problematic for their wanting to ban same-sex marriage.

And I guess that makes them - these "sponsors of California's ban on same-sex marriage" - assholes. More stupid Americans sending this country down the toilet.
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Democat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-02-10 05:33 AM
Response to Original message
13. When Clarence Thomas resigns from the Supreme Court!
Fair trade!
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