Tornado Alley (PROG)

[fuagf]

conix, bias certainly does.

"I am not concerned but adolescent trivia. It indicates NOTHING about a judge's ability to interpret the law."

Opinion-- The Senate Should Not Confirm Kavanaugh. Signed, 1,000+ Law Professors (and Counting)

OCT. 3, 2018

The following letter will be presented to the United States Senate on Oct. 4. It will be updated as more signatures are received.

Judicial temperament is one of the most important qualities of a judge. As the Congressional Research Service explains, a judge requires “a personality that is even-handed, unbiased, impartial, courteous yet firm, and dedicated to a process, not a result.” The concern for judicial temperament dates back to our founding; in Federalist 78, titled “Judges as Guardians of the Constitution,” Alexander Hamilton expressed the need for “the integrity and moderation of the judiciary.”

[...]

As you know, under two statutes governing bias and recusal, judges must step aside if they are at risk of being perceived as or of being unfair. As Congress has previously put it, a judge or justice “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” These statutes are part of a myriad of legal commitments to the impartiality of the judiciary, which is the cornerstone of the courts.

We have differing views about the other qualifications of Judge Kavanaugh. But we are united, as professors of law and scholars of judicial institutions, in believing that he did not display the impartiality and judicial temperament requisite to sit on the highest court of our land.
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