(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following circumstances:
(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
(2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;
(3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy;
(4) He knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding;
(5) He or his spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
(i) Is a party to the proceeding, or an officer, director, or trustee of a party;
(ii) Is acting as a lawyer in the proceeding;
(iii) Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding;
(iv) Is to the judge’s knowledge likely to be a material witness in the proceeding.
By rule, sections (a) and (b) automatically disqualified Ginsberg and Kagan. But at seven justices, a fair hearing would have been made.
The NFL prohibited a game official from working games where his son (now retired) participated. On the same, note, an umpire would not be allowed to officiate his child's games. And a parent's business partner isn't allowed to officiate that child's games either. NASCAR barred Jeff Gordon from serving on the rookie panel in 2002 (a custom that the reigning champion serves on the rookie panel) because he had an interest in a rookie contender. A similar rule would be in play of a Hendrick Motorsports Holden driver, or Kevin Harvick, wins the championship because Chase Elliott is a Hendrick driver (and Mr. Harvick has been an Xfinity teammate to Mr. Elliott on Dale Earnhardt Jr's team).
All of those situations are similar to the said regulations regarding judges that demanded a judicial disqualification of Sotomayor and Ginsberg. Both judges publicly demanded marriage redefinition, one as the President's attorney (Solicitor General) and one publicly presided over a few illegal weddings. That is grounds for disqualification. The case redefining marriage should be overturned on this technicality.
But it never matters to the Left's arrogance. They overturned thirty states and pushed urban values of the New York, Los Angeles, Chicago, San Francisco, and college towns on the rest of America. The Founding Fathers knew the dangers of allowing large states to have total control over smaller states, resulting in the Great Compromise on the legislative front, overturned on the state level in 1964. Note the South's protests against taxation by Calhoun and others that led to attempts at nullification, and the Civil War (which is now the target of a deconfederatisation push similar to 1946 Germany in the wake of Mother Emanuel, which was caused by a rogue nihilist). Anthony Kennedy was a "Plan C" judge that Ronald Reagan did not nominate as much as Joseph Biden, Ted Kennedy, and Robert Byrd made the selection, since Senate leaders on the Judiciary Committee and the Majority Leader handily shot down President Reagan's choice for the seat, Robert Bork, with the most lopsided defeat in history. A second judge withdrew over what we call today a violation of WADA standards, effectively giving the choice to liberal leaders. The Obama, Biden, and Clinton judges together caused this mess that we are paying today with the loss of our freedoms and replacement of it by the new one of Sexual Freedom.
Antonin Scalia proved best stating, "The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie." When majorities of over 60% nationally, and 75% in many states (Mississippi over 86%) are crushed by the judicial dictatorship overturning their Constitutions to push the outcome the Left demands, we have a totalitarian regime.
This is the Outcome-Based Education issue of the 1990's again. Remember the controversy over "invented spelling"? Whatever you feel is right is the only thing that counts. And this was "invented lawmaking" -- whatever you feel is right again is the only thing that matters. No standards matter.
We are headed to a dictatorship of a humanist theocracy with the judges. Mao's Cultural Revolution is rapidly approaching. With the deconfederatisation movement at full steam, we are headed to the abolition of all Confederate figures and history (including the CSS Hunley that preceded the German U-boats by 50 years, along with the CSS Virginia vs USS Monitor battles, which revolutionised war globally as the first ironclad ship battle), Memorial Day (celebration Union War dead in 1867) and even the Calgary Flames (named for the burning of its original city in the war), and its replacement by sexual deviancy hero Harvey Milk, with his birthday becoming a federal holiday to celebrate what a majority opposes -- that's a dictatorship. We're also headed to persecution of Christians.
Christians taking a stand doesn't matter to them. Liberals want a de facto dictatorship, and sexual freedom allows it to create a new caste system where Christians are the untouchables, and an apartheid system that separates deviants, atheists, and elites supporting them into a "privileged" class and Christians, along with those that hold a Biblical worldview, as the "punished" class. This is not what the Founding Fathers envisioned. Welcome to the new CCCP.
