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I actually didn't know, so I went ahead and did a quick search on your example. On [0], it does mention a case with that situation. > In 1974, Federal Judge L
by NhanH 10y ago
I actually didn't know, so I went ahead and did a quick search on your example.
On [0], it does mention a case with that situation.
> In 1974, Federal Judge Leon Higginbotham issued his decision in Comm. of Pa. v. Local 542, Int'l Union of Operating Engineers, explaining why he as an African American judge with a history of active involvement in the civil rights struggle was not obligated to recuse himself from presiding over litigation concerning claims of racial discrimination.
Further thought and I agree that the judge should not need to recuse himself from said case (in your question). However, that's a distinction on whether the suggestion itself is out of line. In the quoted snippet, the judge did have to point out an explanation for his sitting it, so at the least, there seems to be some consideration for the suggestion.
[0] https://en.m.wikipedia.org/wiki/Judicial_disqualification https://en.m.wikipedia.org/wiki/Judicial_disqualification
- SamBam 10y agoIt is out of line, because the suggestion is only being made to the black (or Mexican, or female, or...) judge. Has a white judge ever needed to explain why he didn't excuse himself on a case regarding race? Why not? Why is the white judge the default "impartial" judge, and the black (or Mexican) judge the one who is assumed to harbor bias? (Edit: An in your example, it's really the "active involvement in civil rights struggle" that is more pertinent, not his race. We judge people by what they do, not the color of their skin or the origin of their grandparents.)