Ginsburg Better Do Right Thing and Recuse Herself From Trump Travel Ban Case


June 4, 2017

If campaign comments are evidence of bias in a way that invalidates the actions of a decision-maker (as the 4th Circuit claimed), then the same logic the 4th Circuit used to deny Trump’s travel ban must require Ginsburg’s recusal in the Supreme Court’s review of that travel ban.

The standard for recusal does not require a judge admit their bias. It only requires a review whether the public might “reasonably question” the “impartiality” of the judge in the matter. Liberals argued Justice Scalia merely hunting with a Vice President compelled his recusal. As Justice Scalia recognized, recusal is appropriate whenever a Justice has “said or done something” that impacts the perception of impartiality on a pending case. As Justice Scalia implicitly recognized, recusal may be necessary when the Court’s judgment would have “any bearing upon the reputation and integrity” of a party before the court if that individual Justice has voiced a prior opinion on that individual through friendship or hostility.