Individuals because of their identity can't render an impartial judgment is just deeply offensive and contrary to all the ideals of the judicial system that we value.

We don't want to disqualify individuals who are selected partly because they bring that diverse experience to the court in cases where that experience is most likely to make a difference.

If you follow Donald Trump's logic, say that he couldn't decide any civil rights cases because he would be biased.I mean, we do want a diverse and inclusive judiciary - one that looks like the people that they serve. And we do recognize the value of having diverse backgrounds represented.

I do think the whole question of judicial accountability is a complicated one. On the one hand, you want to encourage judicial independence. And it's always, I think, problematic when an unpopular decision triggers a recall election. Because it sends a disempowering message to judges. On the other hand, it's the only way that voters have to rein in someone whose views are really so out of the mainstream of public opinion that they jeopardize the legitimacy of the judicial process.

As Deborah Rhode describes, “When 1,100 Michigan elementary students were asked to describe what life would be like if they were the opposite sex, over 40 percent of the girls saw advantages to being male; they would have better jobs, higher incomes, and more respect. Ninety-five percent of the boys saw no advantage to being female, and a substantial number thought suicide would be preferable.”

Individuals because of their identity can't render an impartial judgment is just deeply offensive and contrary to all the ideals of the judicial system that we value.

I personally think that we should be extremely reluctant to use a recall mechanism for an unpopular decision simply because of the message it sends about judicial independence.