Earlier this week Supreme Court Justice Ruth Bader Ginsburg said that until federal appeals courts disagree on same-sex marriage, there’s no need for SCOTUS to “rush” to hear one of the cases. Ginsburg then observed that an anti-gay ruling from the Sixth Circuit Court would likely speed the issue. Today the Liberty Counsel called on Ginsburg to recuse herself from any of those cases.
“In casting a vote publicly before the case is even heard, Justice Ginsburg has violated the Judicial Code of Conduct,” said Mat Staver, Founder and Chairman of Liberty Counsel. “It is now her duty to recuse herself from cases involving same-sex marriage.” According to Canon 2 of the Judicial Code of Conduct, “A judicial employee should not lend the prestige of the office to advance or to appear to advance the private interests of others.” Canon 3(D) declares, “A judicial employee should avoid making public comment on the merits of a pending or impending action.” “Justice Ginsburg’s comments implied that the merits of the state constitutional amendments defining marriage as one man and one woman were such that the Supreme Court would have to overturn them with haste, if upheld by the Sixth Circuit Court of Appeals,” said Staver. “This is an inappropriate comment for any judicial employee, much less a Supreme Court Justice!”
Liberty Counsel has been on an unbroken losing streak regarding LGBT issues for at least a year. Don’t expect this latest nonsense to get any traction.