mdk
Diamond Member
- Sep 6, 2014
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n Obergefell, while Ginsburg and Kagan were performing gay weddings, indicating a bias towards gay marriage publicly, as federal representatives, while the question of "should the fed preside over states on the question of gay marriage" was actively pending in their Court, Caperton v Massey Coal (2009 USSC) mandated that both Ginsburg and Kagan recuse themselves from Obergefell. No jurist or judge is above the findings of Caperton. The US Supreme Court Justices are not supercitizens free from the binding of law and order. Ergo, on that alone, both Ginsburg and Kagan could be impeached. At the very least, Congress could declare Obergefell a mistrial and order a new hearing.
Caperton found that if a person had reason to suspect bias in a judge or jurist, that judge or jurist must recuse themself from presiding over the case. Clearly, performing gay weddings publicly as embodiment of the federal government, while the question of "should the federal government preside over states on gay marriage" is a radical and blatant advertisement to the public that their last stop of Justice in the US legal system is weighed against them.
No, that wasn't the question before the court.
These were the actual questions before the court in Obergfell:
(1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?
(2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex that was legally licensed and performed in another state?
Caperton states elected judges that accept campaign contributions must recuse themselves when hearing a case that involves the party that contributed to your campaign coffers. Neither Kagan nor Ginsberg are elected and neither accept campaign contributions. Besides, gay marriage was going to be legal in both locations where they presided regardless of the outcome of the case. So your claims of bias are just the usual whiny bullshit you craft to complain about gays.
Your wild dreams and delusions of a new hearing about gay marriage is a fairy tale you tell to comfort yourself. You lost, get over it.