Amicus, Courts & Judicial Interpretation, LGBTQ Rights

Can Being A Minority Be A Conflict Of Interest?

After the revelation by Proposition 8 judge Vaughn Walker that he is gay and in a long-term same-sex relationship, Prop. 8 supporters are trying to have his landmark ruling striking down the California referendum vacated on the grounds that he should have recused himself. This is an attempt to strain the general practice of conflict of interest recusal from family and financial conflict of interest to some other type of personal conflict of interest.

Amicus, Courts & Judicial Interpretation

Harvard Professor Calls On Justices To Retire

Harvard Professor Randall Kennedy suggests that Supreme Court Justices Ruth Bader Ginsburg and Stephen Breyer should consider retirement in the interest of the long-term survival of the more progressive wing of the court. Kennedy calls retirement “the responsible thing to do.” Looking ahead to the 2012 election and the prospect, however slim, of the beginning of a new eight-year Republican administration, Professor Kennedy fears that the two moderate progressives wouldn’t be able to wait eight years to retire, and “they will have contributed to a disaster.”

Scroll to Top