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Did Neil Gorsuch Just Disqualify Himself from a Pivotal Case on Immigration?

Photo Credit: CNN

So, this happened, and Sen. Lamar Alexander (R-TN) was low adequate to let the whole universe know about it:


A Supreme Court Justice was at a cooking party with Elaine Chao, the wife of the Senate Majority Leader Mitch McConnell (was he also there, Sen. Alexander?) and the series two man in the Senate, John Cornyn to “talk about critical issues confronting the country.”

Let’s get some advice from long-time probity contributor Nina Totenberg of NPR about that:

People mostly ask NPR’s Totenberg, who has famous many of the justices for decades, for advice. “My knowledge is that people don’t really know what they can’t speak about,” she says. “I tell them, ‘You can’t speak about a case or an issue that competence come before the court. You speak about life—kids, music, movies—the things normal people speak about.’”

The issues of the day are many really not what a Supreme Court probity should be deliberating with Republican congressional leadership. And that they had this clearly domestic and social get together the dusk before the Supreme Court announced it will assist deliberation the Trump administration’s request to overturn a judge’s statute and concede the Trump administration to idle the Deferred Action for Childhood Arrivals (DACA) program. Only the many dire issue of the day. Which Gorsuch should now have to recuse himself from.

This isn’t the first time, of course, that this quite new probity has landed in deeply, deeply domestic water. Back in November, writing in Politico Magazine, Massachusetts Sen. Elizabeth Warren wrote about Gorsuch and his keynote debate at an eventuality at Donald Trump’s D.C. hotel. She points out that the very day Gorsuch was making that speech, the SCOTUS announced it would hear Janus v. AFSCME, “a case that will establish either open zone unions—which represent teachers, nurses, firefighters and police in states and cities opposite the country—can collect fees from all employees in the workplaces they represent” and a case in which Gorsuch will almost positively yield the determining vote.

Not surprisingly, Gorsuch isn’t even attempting to act like scrupulous probity who will put the order of law and the country before his partisanship. That he was even peaceful to accept the assignment for this seat, which was stolen by Republicans, from Donald Trump shows that he’s got little in the way of principles. It should be remarkable that the Supreme Court is not firm by the Judicial Code of Ethics that guides the rest of the sovereign judiciary. So while Gorsuch’s activities have been awfully unethical, he isn’t theme to any kind of permit from them under the code.

But he can be impeached. So when we get to the impeachment proviso of this administration, the Supreme Court has to be included.


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