Justice Ruth Bader Ginsburg Violates Judicial Code of Conduct

Sep 18, 2014

LC.org

WASHINGTON, D.C.— 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!”

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.

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