OR Scouts Kagen and Ginsburg recuse themselves from any of those "gay marriage rights" cases, when BOTH HAVE precided over gay marriages/? Originally Posted by garhkalHad they been asked to precide and declined to do so because they oppose gay marriage, would that not also prove bias?
Justices all have political leanings. In fact, divided cases are already decided by one justice. We can almost with certainty know how Thomas or Ginsburg will vote on some of those. Should all judges permanently recuse themselves from almost every case?
You really don't want them to recuse themselves unles's there is a very very good reason. Here is why.
Justices perform wedding ceremonies on occasion. If Roberts or Thomas precided over heterosexual marriages but then refused to precede over a homosexual marriage, would that not also show bias?
If they were then forced to recuse themselves because of that, every conservative judge would be targeted and setup to be forced to recuse themselves because they refused to precide over a gay marriage. Then the liberal judges would only be left to decide cases over LGBT issues.