Page 1 of 3 123 LastLast
Results 1 to 10 of 27
  1. #1 Disclosure Delayed Is Justice Denied 
    Senior Member txradioguy's Avatar
    Join Date
    Apr 2005
    Location
    Bavaria
    Posts
    7,814
    Two weeks ago, former federal district judge Vaughn Walker, who ruled last summer in Perry v. Schwarzenegger that California’s Proposition 8 is unconstitutional, publicly disclosed for the first time that he has been in a same-sex relationship for the past ten years. A straightforward application of the judicial ethics rules compels the conclusion that Walker should have recused himself from taking part in the Perry case. Further, under well-established Supreme Court precedent, the remedy of vacating Walker’s judgment is timely and necessary.

    Let’s begin with the relevant facts that bear on the recusal question.

    According to his recent disclosure, Walker has been in a relationship with the same man for the past ten years. Walker and his partner evidently live in the San Francisco area.

    The complaint in Perry, filed in May 2009, sought a permanent injunction against “all enforcement of Prop. 8.” Among other things, the plaintiffs alleged that the “inability to marry denies gay and lesbian individuals and their children the personal and public affirmation that accompanies marriage.” They further alleged that they, as “gay and lesbian residents of California who are involved in long-term serious relationships with individuals of the same sex and desire to marry those individuals,” had suffered “significant hardship” from Proposition 8, “including but not limited to the deprivation of rights guaranteed by the Fourteenth Amendment and severe humiliation, emotional distress, pain, suffering, psychological harm, and stigma.”
    In August 2010, Judge Walker ruled that Proposition 8 “is unconstitutional under both the Due Process and Equal Protection Clauses,” and he ordered “entry of judgment permanently enjoining its enforcement [and] prohibiting the official defendants” — including California’s governor, attorney general, and the state officials “responsible for prescribing and furnishing the forms for marriage license applications, the certificate of registry of marriage, including the license to marry, and the marriage certificate” — “from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8.”

    Among the findings of fact that Walker offered in support of his ruling were that “Proposition 8 increases costs and decreases wealth for same-sex couples,” that marriage “benefits both spouses by promoting physical and psychological health,” that “marriage is widely regarded as the definitive expression of love and commitment in the United States,” and that “Proposition 8 places the force of law behind stigmas against gays and lesbians.”

    Now let’s consider how those facts apply under federal recusal law:

    Section 455(a) of Title 28 of the United States Code requires that a federal judge “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” As explained by a publication of the Federal Judicial Center, Judicial Disqualification: An Analysis of Federal Law (2d ed. 2010), section 455(a) makes “clear that judges should apply an objective standard in determining whether to disqualify”:

    A judge contemplating disqualification under § 455(a), then, should not ask whether he or she believes he or she is capable of impartially presiding over the case. Rather, the question is whether a judge’s impartiality might be questioned from the perspective of a reasonable person, and every circuit has adopted some version of the ‘reasonable person’ standard to answer this question.
    In adopting this objective standard, section 455(a) “obviates making subjective judgment calls about what is actually going on inside a judge’s heart and mind.”

    http://www.nationalreview.com/articl...nied-ed-whelan
    In Memory Of My Friend 1st Sgt. Tim Millsap A Co, 70th Eng. Bn. 3rd Bde 1st AD...K.I.A. 25 April 2005

    Liberalism Is The Philosophy Of The Stupid

    To Achieve Ordered Liberty You Must Have Moral Order As Well

    The libs/dems of today are the Quislings of former years. The cowards who would vote a fraud into office in exchange for handouts from the devil.
    Reply With Quote  
     

  2. #2  
    Fabulous Poster
    Join Date
    Mar 2010
    Posts
    10,161
    Walker's sexual orientation was known from the start. Must be a slow week at National Review but just shows the true utility of gay rights issues to the right wing: to get the monkeys yakking.


    appointed by George Bush, btw.
    Reply With Quote  
     

  3. #3  
    Fabulous Poster
    Join Date
    Mar 2010
    Posts
    10,161
    This is too funny.

    Mr. Whelan, a lawyer and a former law clerk to Supreme Court Justice Antonin Scalia

    So here you have a clerk to the Pope's lackey saying that a judge should have recused himself because he's gay. LOL
    Reply With Quote  
     

  4. #4  
    Senior Member Bailey's Avatar
    Join Date
    Aug 2010
    Posts
    6,154
    Quote Originally Posted by Novaheart View Post
    Walker's sexual orientation was known from the start. Must be a slow week at National Review but just shows the true utility of gay rights issues to the right wing: to get the monkeys yakking.


    appointed by George Bush, btw.
    Listen fag boy I dont give a shit if Bush appointed the pervert or not, just goes to show a decent man can make mistakes.
    Reply With Quote  
     

  5. #5  
    Senior Member txradioguy's Avatar
    Join Date
    Apr 2005
    Location
    Bavaria
    Posts
    7,814
    Quote Originally Posted by Novaheart View Post
    This is too funny.

    Mr. Whelan, a lawyer and a former law clerk to Supreme Court Justice Antonin Scalia
    So?

    So here you have a clerk to the Pope's lackey saying that a judge should have recused himself because he's gay. LOL
    Strawman.
    In Memory Of My Friend 1st Sgt. Tim Millsap A Co, 70th Eng. Bn. 3rd Bde 1st AD...K.I.A. 25 April 2005

    Liberalism Is The Philosophy Of The Stupid

    To Achieve Ordered Liberty You Must Have Moral Order As Well

    The libs/dems of today are the Quislings of former years. The cowards who would vote a fraud into office in exchange for handouts from the devil.
    Reply With Quote  
     

  6. #6  
    Senior Member txradioguy's Avatar
    Join Date
    Apr 2005
    Location
    Bavaria
    Posts
    7,814
    Quote Originally Posted by Novaheart View Post
    Walker's sexual orientation was known from the start. Must be a slow week at National Review but just shows the true utility of gay rights issues to the right wing: to get the monkeys yakking.


    appointed by George Bush, btw.

    And any of this changes the fact he acted improperly how???
    In Memory Of My Friend 1st Sgt. Tim Millsap A Co, 70th Eng. Bn. 3rd Bde 1st AD...K.I.A. 25 April 2005

    Liberalism Is The Philosophy Of The Stupid

    To Achieve Ordered Liberty You Must Have Moral Order As Well

    The libs/dems of today are the Quislings of former years. The cowards who would vote a fraud into office in exchange for handouts from the devil.
    Reply With Quote  
     

  7. #7  
    Senior Member Pulpfishin's Avatar
    Join Date
    Feb 2009
    Location
    Houston
    Posts
    144
    Quote Originally Posted by txradioguy View Post
    had suffered “significant hardship” from Proposition 8, “including but not limited to .....severe humiliation, emotional distress, pain, suffering, psychological harm, and stigma.”
    severe humiliation - Please explain gay pride parades then.

    emotional distress - Butch up Nancy boy

    pain - This one I can relate to, my first visit to a proctologist was not much fun

    suffering - please feel free to end it yourself

    psychological harm - pre-existing condition

    stigma - once again, gay pride parades..... don't paint a target on yourself and then bitch about it!


    Whiny little fags.
    Give a liberal a fish - he will eat for a day
    Teach a liberal to fish - he will come back tomorrow wanting more free fish!
    Reply With Quote  
     

  8. #8  
    Fabulous Poster
    Join Date
    Mar 2010
    Posts
    10,161
    Quote Originally Posted by txradioguy View Post
    And any of this changes the fact he acted improperly how???
    He didn't act improperly.
    Reply With Quote  
     

  9. #9  
    Fabulous Poster
    Join Date
    Mar 2010
    Posts
    10,161
    Quote Originally Posted by Pulpfishin View Post
    severe humiliation - Please explain gay pride parades then.

    emotional distress - Butch up Nancy boy

    pain - This one I can relate to, my first visit to a proctologist was not much fun

    suffering - please feel free to end it yourself

    psychological harm - pre-existing condition

    stigma - once again, gay pride parades..... don't paint a target on yourself and then bitch about it!


    Whiny little fags.
    Aww, you brought your sock puppet with you. How cute.
    Reply With Quote  
     

  10. #10  
    Senior Member txradioguy's Avatar
    Join Date
    Apr 2005
    Location
    Bavaria
    Posts
    7,814
    Quote Originally Posted by Novaheart View Post
    He didn't act improperly.
    According the law he did. He should have...according to regulations recused himself from the case.

    He had a vested personal interest in the outcome. He was unable to render an impartial decision on the case before him because he stood to gain from it in his personal life.

    The section of the legal canons that say he should have recused himself are right there in the article.

    Your bias on this is as bad as the judge's.
    In Memory Of My Friend 1st Sgt. Tim Millsap A Co, 70th Eng. Bn. 3rd Bde 1st AD...K.I.A. 25 April 2005

    Liberalism Is The Philosophy Of The Stupid

    To Achieve Ordered Liberty You Must Have Moral Order As Well

    The libs/dems of today are the Quislings of former years. The cowards who would vote a fraud into office in exchange for handouts from the devil.
    Reply With Quote  
     

Bookmarks
Bookmarks
Posting Permissions
  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •