According to the liberal group Take Back the Court, Supreme Court Justices Brett Kavanaugh and Samuel Alito must recuse themselves from any cases that center around LGBT rights.
Why should they make this extraordinary concession? Well, TBTC’s director, Aaron Belkin, argues that because they posed for photographs with the president of the conservative National Organization for Marriage, the justices can no longer be trusted to issue rulings in line with the law.
Well, assuming that liberals actually care about the law in the first place, which is a matter of some doubt.
Belkin claims that both Kavanaugh and Alito cannot reasonably be expected to be impartial in the LGBT cases, and have an ethical duty to recuse themselves in the cases.
“The credibility and impartiality of the current Supreme Court is in tatters,” writes Belkin in the letter. “Posing for photographs with the president of an advocacy organization that has filed briefs in matters pending before the court makes a mockery of Chief Justice Roberts’ assertion that a judge’s role is to impartially call balls and strikes.”
“If you refuse to recuse yourselves, this incident will further illustrate the urgent need for structural reform of the Supreme Court in order to restore a Court that understands its role is to protect individual rights and our democracy,” the letter ends.
Now, since there’s approximately 0.0% chance that Kavanaugh and Alito will do anything with this letter other than laugh and throw it in the nearest trash receptacle, we’re not even sure how seriously to take this request.
On the other hand, Belkin knows that as well as we do. His job is not to actually get Kavanaugh and Alito to recuse themselves, it is to further delegitimize the Supreme Court for liberals who think it’s been “stolen” by the Republican Party.
But if we WERE to take this request seriously, we would simply ask: When is Sonia Sotomayor going to recuse herself from cases involving illegal immigration? When will RGB – who officiated a gay wedding last year – recuse herself from LGBT cases before the court. For that matter, given her involvement in feminist activism, shouldn’t Ginsburg also recuse herself from any case involving women’s rights? Furthermore, she should remove herself from any case involving President Trump, given her public comments on his candidacy in 2016.
Alas, Take Back the Court is one of those organizations that wants Democrats to “stuff” the court with enough liberals that they swing the power balance back to the left. They don’t seem to understand that this option is available to Trump and the Republicans right now, and the more noise they make about restructuring the court, the more likely it is that they will exercise it.
Then again, there’s a lot these people don’t understand.