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this post was submitted on 27 Sep 2023
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politics
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The fact that a judge isn’t required to immediately recuse themselves if they’re picked for a case that involves the person who appointed them is insane. Sure, they’re “supposed to be impartial”, but judges are very obviously not being impartial… and there’s effect zero legal recourse for that.
If that were a thing, the right would clamor that it should also apply to judges appointed by the defendant's political opponents, and that would get all the cases against Turnip Dump tossed
Though that sounds like it might make sense, if you actually think about it, it’s actually nonsense.
But this excludes all other judges that were appointed by 1) a different Republican president than Trump, and 2) a different Democrat president than Biden, no?
Unless all judge terms are shorter than 1-2 terms for presidents (haven't read all state/federal codes), this would leave a lot of judges left that would be considered less biased towards/against those under their prudence. No need to go nuclear devil's advocate for this one.
You are assuming republicans would negotiate in good faith, which is, forgive me, quite naïve.
I'm not claiming they would act in good faith, just that they would have less (unconscious) biased towards plaintiffs/defendants. Conscious biases would still be in play