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Roberts' Lack of Judicial Ethics?

By Last Night in Little Rock, Section John Roberts
Posted on Wed Sep 14, 2005 at 06:20:04 AM EST
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by Last Night in Little Rock

The LA Times today has an op-ed today, Roberts' bad decision by legal ethicists Stephen Gillers, David Luban and Steven Lubet that John Roberts was in the process of being interviewed for his appointment to the Supreme Court while he was deciding Hamdan v. Rumsfeld on the constitutionality of Gitmo military tribunals. (Roberts did not write the opinion, but he voted on the three judge panel.)

Judicial ethics and 28 U.S.C. § 455 mandated recusal. But, neither of those legal constraints kept Justices Thomas and Scalia from making George Bush president in 2000. Thomas' wife worked on Bush's transition team (§ 455(b)(5)(iii)) and Scalia's son worked for one of the law firms representing Bush (albeit not directly involved; § 455(b)(5)(ii)).

The "appearance of impropriety" standard applies. If it looks bad, that is enough.

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    Roberts' Lack of Judicial Ethics? | 4 comments (4 topical)
    Re: Roberts' Lack of Judicial Ethics? (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:03:47 PM EST
    all the specifics there in the canon and statutes but you are left to argue "appearance of impropriety", the most amorphous. so, he should recuse himself from anything that involves the federal government? how about plain criminal cases, brought by the USA? you are making things up as you go along for political purposes-why not just admit that rather than bastardize the canon?

    Re: Roberts' Lack of Judicial Ethics? (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:03:48 PM EST
    Charlie, how is what Roberts did any different than, say, interviewing for a job with a large corporation while that corporation had a case pending before him? Or do you think that would be okay, too?

    Re: Roberts' Lack of Judicial Ethics? (none / 0) (#3)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:03:48 PM EST
    Subject: Bush On Roe Q: What is George W. Bush's position on Roe vs. Wade? A: He really doesn't care how people get out of New Orleans.

    Re: Roberts' Lack of Judicial Ethics? (none / 0) (#4)
    by glanton on Sat Dec 17, 2005 at 01:03:48 PM EST
    Well, Feinstein just got started and I am convinced that Roberts lied to her, baldfaced. She asked him if anyone in the White House ever asked him about Roe during interviews and he said 'No.' Does anyone not from Mars believe this?

    Roberts' Lack of Judicial Ethics? | 4 comments (4 topical)