Mat Staver, the dumbest lawyer in America not named Larry Klayman or Mike Cernovich, is demanding that Justice Ruth Bader Ginsburg recuse herself from any future case involving same-sex marriage because he is (no doubt deliberately) misinterpreting something she recently said.
Supreme Court Justice Ruth Bader Ginsburg told an audience at the University of Minnesota Law School that if the Sixth District Court of Appeals rules in favor of same-sex marriage, there will be “no need for us to rush” on a decision on the definition of marriage. If however, the appeals court that covers Kentucky, Michigan, Ohio, and Tennessee upholds the centuries-old, natural definition of marriage as one man and one woman, “there will be some urgency.”
“In casting a vote publicly before the case is even heard, Justice Ginsburg has violated the Judicial Code of Conduct,” said Mat Staver, Founder and Chairman of Liberty Counsel. “It is now her duty to recuse herself from cases involving same-sex marriage.”
According to Canon 2 of the Judicial Code of Conduct, “A judicial employee should not lend the prestige of the office to advance or to appear to advance the private interests of others.”
Canon 3(D) declares, “A judicial employee should avoid making public comment on the merits of a pending or impending action.”“Justice Ginsburg’s comments implied that the merits of the state constitutional amendments defining marriage as one man and one woman were such that the Supreme Court would have to overturn them with haste, if upheld by the Sixth Circuit Court of Appeals,” said Staver. “This is an inappropriate comment for any judicial employee, much less a Supreme Court Justice!”
But she didn’t say anything about the merits of the case. When she said that a 6th Circuit decision that overturns bans on same-sex marriage there will be less urgency than if they uphold them, it’s because in the latter case there would be a split between different circuits. When that happens, it virtually guarantees that the Supreme Court must hear the cases because there are two different laws being applied across the country. If all of the appeals courts that have ruled thus far have reached the same conclusion (and they have), it’s less likely that they will hear the case. Staver knows this, of course, he’s just lying because he knows his followers are too ignorant to catch him at it.