Silhouette
Gold Member
- Jul 15, 2013
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- #501
Debunked and torn asunder by better reason, better logic and better sources in post #493.Post #492. Discuss.
Discuss.
OK, will discuss...
I don't think so...Read it again:
OK, let's look at the significant part of the quote as to the premise:".....We conclude that there is a serious risk of actual bias—based on objective and reasonable perceptions—when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case by raising funds or directing the judge’s election campaign when the case was pending or imminent."..
..That's not the standard the courts applied in the Caperton case. Instead, it was the 'serious risk of actual bias—based on objective and reasonable perceptions'.
"We conclude that there is a serious risk of actual bias—based on objective and reasonable perceptions.."
They Found a "serious risk of actual bias" based on Olsen's premise's description of what an objective/reasonable person would think.
Kagan and Ginsburg presided as federal entities over a neo-redacted form of the millenial-long definition of marriage WHILE THEY KNEW FOR A FACT THE QUESTION OF WHETHER OR NOT THE FED SHOULD PRESIDE OVER THAT NEO-REDACTION AS IMPOSED UPON THE 50 STATES WAS PENDING.
They were expressing publicly, their literal federal blessing over that redaction of the word "marriage" BEFORE the Hearing on the federally-forced redaction of the word had happened. And they knew full well, from Windsor & Prop 8 2013 that this is/was a hotly contested area of public debate and a pending legal question.
THEREFORE they must recuse themselves from this case.
Read the premise below and the quote from the conclusion above. There is no "objective" person on the face of the earth that would conclude anything but that after they'd see Ginsburg or Kagan perform a "gay wedding" (as federal entities even in a state where it made it legal itself) those two Justices believed that the fed should "bless" gay marraige. None. Not one person in the world would conclude anything but that.
Here's Olsen's argument again...
Olsen's (winning) premise in 2009 Caperton v. A.T. Massey Coal Co.
Here:
http://www.supremecourt.gov/oral_arguments/argument_transcripts/08-22.pdf
(page 3 attorney Ted Olsen for petitioners) "
Olsen: "A fair trial in a fair tribunal is a fundamental constitutional right. That means not only the absence of actual bias, but a guarantee against even the probability of an unfair tribunal."
Scalia: "Who says? Have we ever held that?"
Olsen: "You have said that in the Murchison case and in a number of cases, Your Honor....the language of the Murchison case specifically says so. The Court said in that case: "A fair trial in a fair tribunal is a basic requirement of due process. Fairness, of course, requires an absence of actual bias in the trial of cases, but our system of law has always endeavored to prevent even the probability of unfairness." ...(page 4 continues Olsen).."the Court has said that frequently, not only the probability of bias, the appearance of bias, the likelihood of bias, the inherent suspicion of bias. The Court has repeatedly said that in the context -- a series of contexts or cases...It's probable cause, Mr. Chief Justice (speaking to Roberts now). The Court frequently decides questions involving due process, equal protection, probable cause, speedy trial, on the basis not of mathematical certainty, but in this case where an objective observer (page 5 continuing) would come to the conclusion -- knowing all of the facts, would come to the conclusion that a judge or jurist would probably be biased against that individual or in favor of his opponent, that would be sufficient under the Due Process Clause, we submit.
Ginsburg: "Does it mean the same thing as likelihood of bias?"
Olsen: "The Court -- the Court, Justice Ginsburg, has used the changes interchangeably. We think the probably -- the "probable" standard is the one we would advance to this Court. But the -- but the seminal case, the Tumey case, said that even if there was a possibility -- any procedure where there would be a possible temptation for the judge not to hold the balance nice, clear, and true, would be the standard. But -- and the Aetna -- in the Aetna v. Lavoie case not very many years ago, the Court repeated that standard, and that standard has been repeated again and again.
******
Scalia or Thomas etc. who were married normally, at the time would have no way of knowing or even guessing in their wildest imagination that the word itself would come under attack in such a way that the proposed neo-redaction would be a situation asked to be forced federally upon the states. So their marraige was innocent and in no way impedes their ability to consider the proposed neo-redaction for application by force federally.
Ginsburg and Kagan knew full well that the question was and is up in the air. And that, friends, makes all the difference when they chose to preside as federal entities conspicuously-blessing the neo-redaction of the word "marriage". It was beyond improper. I'd say it was impeachable. But at rock bottom minimum it is recusable. It fits like a glove the 2009 Caperton v. A.T. Massey Coal Co standard they themselves set.
The public's trust of the Judicial is at stake here. So this is no minimal or laughing matter..
the fact that children (who cannot vote) will be placed without their own consent as an neo-institituion in homes absent a father for boys or a mother for girls as a federal mandate upon the conclusion of this quesiton of law, to affect the core of society itself into unknown numbers of generations...BY JUST 5 PEOPLE 2 OF WHICH HARBOR OBVIOUS BIAS, makes this situation tenfold-urgent and compelling.