R
rdean
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- Thread starter
- #121
That's not true. Republicans aren't just racists. They are greedy first.Mr. Trump is attacking Judge Curiel in a personal business case, not a political one, and as a candidate for President we think he should be above this kind of pettiness. His implied threat against the judge if he becomes President is more obnoxious, though we doubt he could do much about it in office. The political blowback would rightly be enormous.
What elevates Mr. Trump’s remarks to the reprehensible is his equation of ethnicity with bias. That truly is an attack on the independence of the judiciary because it means that a judge can be disqualified from a case merely for his personal background, rather than for any material conflict of interest.
The suit against Trump University is a classic civil fraud case that has nothing to do with ethnicity. Judge Curiel happens to be an American born in Indiana to immigrant parents, but that is of no legal import. He shouldn’t be judged by the ancestry of his parents any more than Chief Justice Roberts should be barred from ruling on religious liberty cases like the Little Sisters of the Poor because he is a Roman Catholic.
As a legal matter this is well established, notably in a 1998 case (MacDraw v. CIT ) in the Second Circuit Court of Appeals. A litigant challenged the fairness of Judge Denny Chin due to his ethnicity. Judge Chin responded by slapping down the complaint and sanctioning the lawyers, and he was backed by the appellate judges. “Courts have repeatedly held that matters such as race or ethnicity are improper bases for challenging a judge’s impartiality,” wrote Judge Ralph Winter, a highly regarded conservative appointed by Ronald Reagan.
Apart from his racist implications, Mr. Trump is also indulging in the left’s habit of attributing the motivations of everyone and everything to race, class, gender and sexual orientation. Claiming that a person’s judgment is determined by his objective circumstances is a Marxist trope. Isn’t Mr. Trump supposed to be running against such thinking?
Trump and the ‘Mexican’ Judge