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.
Deborah RhodeIf 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.
Deborah RhodeThe clichรฉ is what are the qualifications for a federal Court of Appeals judge is somebody who knew a senator once. I mean the process of selection is deeply political and yet we expect the result to somehow stand above it.
Deborah RhodeWe 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.
Deborah RhodeThere's a sorry history of these kinds of charges of bias being leveled at women and judges of color, and also gay and lesbian judges. The theory being that they're going to be incapable of a disinterested judgment on matters that involve their own identity groups. And it came up famously for Constance Baker Motley who was one of the first African American federal judges in a case involving sex discrimination.
Deborah RhodeYou can understand why the original framers of judicial ethics thought it would be undignified and would call into question the legitimacy of the judicial decision-making process to have mudslinging by judges, but the way that we hobble people of enormous integrity from defending themselves is, I think, deeply problematic in states where you have an elected judiciary, or a judge is subject to recall.
Deborah Rhode