Foundation Files an Ammended Motion: Ginsberg

FOUNDATION FILES AMENDED MOTION.
CALLS FOR RECUSAL OF JUSTICE GINSBURG

MONTGOMERY: The Foundation for Moral Law, a Montgomery-based nonprofit
law
firm, filed an addendum to its motion with the United States Supreme
Court
calling for the recusal of Justices Ginsburg and Kagan from
same-sex
marriage case.

After making some off-color comments and
officiating several same-sex
weddings while the legal controversy concerning
those marriages raged on,
Justice Ginsburg appeared to be in no position to
decide a same-sex marriage
case on a neutral basis. That’s when the Foundation
first urged her to
recuse. Now, the fear of non-neutrality has been replaced
by the reality of
non-neutrality.

Canon 3A(6) of the Code of Conduct for
United States Judges provides that “A
judge should not make public comment on
the merits of a matter pending or
impending in any court.”

This week
Justice Ginsburg of the U.S. Supreme Court married two men while
that very
Court decides Obergefell v. Hodges, a pending case which seeks an
answer from
the Court regarding same-sex marriages.

The NEW YORK TIMES reported that
“With a sly look and special emphasis on
the word ‘Constitution,’ Justice
Ginsburg said that she was pronouncing the
two men married by the powers vested
in her by the Constitution of the
United States.
No one was sure if she was
emphasizing her own beliefs or giving a hint to
the outcome of the case.”

Kayla Moore, President of the Foundation said, “Either way, leaving
aside
what Ginsburg has said, is there anything more public or expressive than
a
wedding ceremony? The Judicial Code of Conduct speaks for itself.”

If
there be any judge or justice who should recuse themselves when so
required it
ought to be one of the members of the U.S. Supreme Court. As
the highest court
in the land the Supreme Court sets the tone for lower
courts to follow. This
is true in regard to the application of the law as
well as the code of judicial
ethics, which condemns Ginsburg’s actions. If
the nine justices of the Supreme
Court are not willing to conduct themselves
according to the code of ethics how
can it be expected of lower judges?

Executive Director Matthew Kidd said,
“such a vote would go down in history
as legally questionable and morally
reprehensible.

If Justice Ginsburg casts a vote on the issue of same-gender
marriage she
will do so in breach of the most fundamental American ideals;
ideals of
equality and justice, ideals which state “No title of nobility shall
be
granted by the United States,” and that “all men are created equal”,
ideals
that were birthed in western culture 800 years ago with the signing of
the
Magna Carta as people decreed that even the king himself is subject to
the
law as any other man or woman would be.

So while it may be true that
the Supreme Court, like any court, has
authority to decide issues of law, none
of the justices are themselves above
the law.

These principles are basic,
they permeate party lines. These principles are
fundamental and they are
simple, yet today these principles are being
violated by a person whom the
nation has entrusted so much to.”

Justice Ginsburg, it is time to
recuse.