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Foundation Files Amended Motion -- Calls for Recusal of Justice Ginsburg
Contact: Matthew Kidd, 334-262-1245
MONTGOMERY, May 22, 2015 /Standard Newswire/ -- The Foundation for Moral Law, a Montgomery-based nonprofit law firm, filed an addendum to its motion with the United States Supreme Court calling for the recusal of Justices Ginsburg and Kagan from same-sex marriage case.
After making some off-color comments and officiating several same-sex weddings while the legal controversy concerning those marriages raged on, Justice Ginsburg appeared to be in no position to decide a same-sex marriage case on a neutral basis. That's when the Foundation first urged her to recuse. Now, the fear of non-neutrality has been replaced by the reality of non-neutrality.
Canon 3A(6) of the Code of Conduct for United States Judges provides that "A judge should not make public comment on the merits of a matter pending or impending in any court."
This week Justice Ginsburg of the U.S. Supreme Court married two men while that very Court decides Obergefell v. Hodges, a pending case which seeks an answer from the Court regarding same-sex marriages.
The NEW YORK TIMES reported that "With a sly look and special emphasis on the word 'Constitution,' Justice Ginsburg said that she was pronouncing the two men married by the powers vested in her by the Constitution of the United States. No one was sure if she was emphasizing her own beliefs or giving a hint to the outcome of the case."
Kayla Moore, President of the Foundation said, "Either way, leaving aside what Ginsburg has said, is there anything more public or expressive than a wedding ceremony? The Judicial Code of Conduct speaks for itself."
If there be any judge or justice who should recuse themselves when so required it ought to be one of the members of the U.S. Supreme Court. As the highest court in the land the Supreme Court sets the tone for lower courts to follow. This is true in regard to the application of the law as well as the code of judicial ethics, which condemns Ginsburg's actions. If the nine justices of the Supreme Court are not willing to conduct themselves according to the code of ethics how can it be expected of lower judges?
Executive Director Matthew Kidd said, "such a vote would go down in history as legally questionable and morally reprehensible.
"If Justice Ginsburg casts a vote on the issue of same-gender marriage she will do so in breach of the most fundamental American ideals; ideals of equality and justice, ideals which state "No title of nobility shall be granted by the United States," and that "all men are created equal," ideals that were birthed in western culture 800 years ago with the signing of the Magna Carta as people decreed that even the king himself is subject to the law as any other man or woman would be.
"So while it may be true that the Supreme Court, like any court, has authority to decide issues of law, none of the justices are themselves above the law.
"These principles are basic, they permeate party lines. These principles are fundamental and they are simple, yet today these principles are being violated by a person whom the nation has entrusted so much to."
Justice Ginsburg, it is time to recuse.
MONTGOMERY, May 22, 2015 /Standard Newswire/ -- The Foundation for Moral Law, a Montgomery-based nonprofit law firm, filed an addendum to its motion with the United States Supreme Court calling for the recusal of Justices Ginsburg and Kagan from same-sex marriage case.
After making some off-color comments and officiating several same-sex weddings while the legal controversy concerning those marriages raged on, Justice Ginsburg appeared to be in no position to decide a same-sex marriage case on a neutral basis. That's when the Foundation first urged her to recuse. Now, the fear of non-neutrality has been replaced by the reality of non-neutrality.
Canon 3A(6) of the Code of Conduct for United States Judges provides that "A judge should not make public comment on the merits of a matter pending or impending in any court."
This week Justice Ginsburg of the U.S. Supreme Court married two men while that very Court decides Obergefell v. Hodges, a pending case which seeks an answer from the Court regarding same-sex marriages.
The NEW YORK TIMES reported that "With a sly look and special emphasis on the word 'Constitution,' Justice Ginsburg said that she was pronouncing the two men married by the powers vested in her by the Constitution of the United States. No one was sure if she was emphasizing her own beliefs or giving a hint to the outcome of the case."
Kayla Moore, President of the Foundation said, "Either way, leaving aside what Ginsburg has said, is there anything more public or expressive than a wedding ceremony? The Judicial Code of Conduct speaks for itself."
If there be any judge or justice who should recuse themselves when so required it ought to be one of the members of the U.S. Supreme Court. As the highest court in the land the Supreme Court sets the tone for lower courts to follow. This is true in regard to the application of the law as well as the code of judicial ethics, which condemns Ginsburg's actions. If the nine justices of the Supreme Court are not willing to conduct themselves according to the code of ethics how can it be expected of lower judges?
Executive Director Matthew Kidd said, "such a vote would go down in history as legally questionable and morally reprehensible.
"If Justice Ginsburg casts a vote on the issue of same-gender marriage she will do so in breach of the most fundamental American ideals; ideals of equality and justice, ideals which state "No title of nobility shall be granted by the United States," and that "all men are created equal," ideals that were birthed in western culture 800 years ago with the signing of the Magna Carta as people decreed that even the king himself is subject to the law as any other man or woman would be.
"So while it may be true that the Supreme Court, like any court, has authority to decide issues of law, none of the justices are themselves above the law.
"These principles are basic, they permeate party lines. These principles are fundamental and they are simple, yet today these principles are being violated by a person whom the nation has entrusted so much to."
Justice Ginsburg, it is time to recuse.
