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William769

(55,144 posts)
Wed Apr 22, 2015, 12:15 PM Apr 2015

Bill O’Reilly Has A Plan To Rig The Supreme Court’s Marriage Equality Decision

“These ladies have to recuse themselves,” an indignant Bill O’Reilly proclaimed on his Fox News show Tuesday night. “I’m shocked they haven’t done it already.”

The “ladies” O’Reilly was referring to are Justices Ruth Bader Ginsburg and Elena Kagan, both of whom have officiated same-sex weddings in the past. O’Reilly wants these two justices to remove themselves from a group of pending cases challenging anti-gay marriage discrimination. In the unlikely event that Ginsburg and Kagan heed O’Reilly’s call; that would give the justices who dissented in the Court’s 2013 decision striking down such discrimination at the federal level a 4-3 majority — most likely changing the outcome of the case.

O’Reilly’s attempt to pressure justices who are likely to support equality off a major gay rights case is not a new strategy. The American Family Association (AFA), a leading anti-gay group, called for both justices to recuse the very same day that the Court announced that it was taking up marriage equality last January. “Both of these justices’ personal and private actions that actively endorse gay marriage clearly indicate how they would vote on same-sex marriage cases before the Supreme Court,” the AFA claimed in a statement. This, they claim, is sufficient reason for the justices to remove themselves from
the case.

If the mere fact that a justice’s political views can be determined by their actions were a reason to remove that justice from a case, then Ginsburg and Kagan wouldn’t be the only justices who need to recuse from the marriage equality cases. Justice Antonin Scalia, with his rants about the “homosexual agenda,” hasn’t exactly been shy about his own views on gay rights. Scalia, however, like Ginsburg and Kagan, can rest assured that he is not required to recuse himself from these cases either.

http://thinkprogress.org/justice/2015/04/22/3649757/bill-oreilly-plan-rig-supreme-courts-marriage-equality-decision/

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Bill O’Reilly Has A Plan To Rig The Supreme Court’s Marriage Equality Decision (Original Post) William769 Apr 2015 OP
Fat Ass Tony and Uncle Tom Clarence hasn't recused themselves Taylorz Apr 2015 #1
awww, bill, get your hand away from your little dingy there. those ladies are not going niyad Apr 2015 #2
They're not going to jberryhill Apr 2015 #3
Bill O’Reilly should recuse himself from the news for lying his ass off. Yavin4 Apr 2015 #4
+1,000 nt okaawhatever Apr 2015 #8
Then, how about removing outspoken Christians from religious cases? DetlefK Apr 2015 #5
that isn't a reason to recuse oneself. Takket Apr 2015 #6
Fair enough, as long as the Republican Judges recuse themselves too... brooklynite Apr 2015 #7
FOXnews rots your brain Johonny Apr 2015 #9
 

Taylorz

(53 posts)
1. Fat Ass Tony and Uncle Tom Clarence hasn't recused themselves
Wed Apr 22, 2015, 12:18 PM
Apr 2015

from key cases where the justices do show true conflict-of-interest.

O'Lielly needs to shove his loofah up a little harder.

niyad

(113,239 posts)
2. awww, bill, get your hand away from your little dingy there. those ladies are not going
Wed Apr 22, 2015, 12:19 PM
Apr 2015

to steal it (assuming they could even find it!)

DetlefK

(16,423 posts)
5. Then, how about removing outspoken Christians from religious cases?
Wed Apr 22, 2015, 12:28 PM
Apr 2015

After all, they are prejudiced towards religion and towards a particular religion at that.

Takket

(21,552 posts)
6. that isn't a reason to recuse oneself.
Wed Apr 22, 2015, 12:51 PM
Apr 2015

a justice recuses oneself when they have a personal gain to be made on the outcome of the case (I.E. you are a major shareholder for a company that is part of a court case) or you are personally involved with someone in the case (I.E. you are related to someone involved with the case).

Having performed a legal gay wedding does not mean you stand to make personal gain or that you are personally involved with someone in the case. similar reasoning: Having been in a car accident does not mean a judge should recuse oneself from a lawsuit involving an auto accident. Having attended a major league baseball game does not mean a judge should recuse oneself from a player's salary arbitration case. Having had surgery does not mean a judge should recuse oneself from a surgical malpractice case.

Etc etc etc......

O'Reilly's logic is completely flawed but... well, let's face it, you could say that about any opinion he has ever had.

brooklynite

(94,490 posts)
7. Fair enough, as long as the Republican Judges recuse themselves too...
Wed Apr 22, 2015, 12:53 PM
Apr 2015

After all, as privileged married heterosexuals facing the "destruction of traditional marriage" they have a stake in the outcome, don't they?

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