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.

There are cases in which somebody has demonstrated just such an outrageous disregard for the bounds of an acceptable decision that you want a measure of accountability.

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.

Ironically enough, if the case involves race, and one claims that race is a disqualifying factor, nobody could hear the case. Everybody comes to these cases with some preconceptions, and the premise of our judicial system is that judges by training and by ethical codes are obligated to set those prejudices aside and to decide on the facts and the law. And to claim that somebody can't simply because of their racial identity is deeply offensive.

Thurgood Marshall because of his experience of discrimination did bring a special perspective to the court. That’s what his colleagues on the court so valued him for as all the tributes pouring in after his retirement attested.

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.