Ginsburg And Kagan Must Recuse Themselves On ‘Gay Marriage’ Case

oped: Even if they do and they should, this case will be a little iffy being that Justice Kennedy sided with the left on the DOMA case: "

Justice Antonin Scalia called Kennedy's analysis in the DOMA case "jaw dropping" and an assertion of "judicial supremacy" that "envisions the Supreme Court standing (or rather enthroned) at the apex of government."

And this from a close friend -- Scalia and Kennedy joined the court a year apart, were born the same year, and live on the same street."   

As compared to his colleague Justice John Roberts who makes his decisions based on the rule of law rather than on emotion ie: 

"When the Supreme Court heard the oral arguments for and against the constitutionality of DOMA  March 2013, Chief Justice John Roberts probably noticed a familiar face in the crowd — his openly gay cousin, Jean Podrasky.

At the time, Podrasky found the arguments difficult to hear, and a little nerve-racking, no doubt in part because Podrasky was engaged to be married to her partner, and stuck in limbo until the Court issued its decision on California’s Proposition 8.

Now that the ruling is in, Podrasky says that the magnitude of the ruling overwhelms whatever personal disagreements she has with her cousin, who signed on with the minority view that DOMA should be upheld."  

{ Kennedy is expected back in his familiar seat, just to the left of Chief Justice John Roberts on the bench. But clearly he is the man in the middle, and the man that in many ways shapes the direction of a divided court. }

Supreme Court justices Ruth Bader Ginsburg and Elana Kagan must recuse themselves from the upcoming decision on homosexual marriage.
The reason is simple: their impartiality on the matter has been hopelessly compromised.
Here’s how Title 28, Part I, Chapter 21, Section 455 of the U.S. Code reads (emphasis mine): Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

Thus any justice who has tipped his hand on how he would vote on gay marriage, any justice who has taken sides, any justice whose ability to be objective on the matter in question, has a legal, moral, ethical and professional duty to withdraw. In fact, he would be violating federal law if he didn’t. His sacred, sworn duty as a justice is to uphold the law, not break it.
Both Kagan and Ginsburg have performed same-sex wedding ceremonies. Ginsburg has at least three and maybe five such ceremonies under her belt, and she had the effrontery to perform one of them in the chambers of the Supreme Court itself.
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