Comments on Should Judge Walker's sexual orientation matter?TypePad2010-02-11T15:40:01ZRick Garnetthttps://mirrorofjustice.blogs.com/mirrorofjustice/tag:typepad.com,2003:https://mirrorofjustice.blogs.com/mirrorofjustice/2010/02/should-judge-walkers-sexual-orientation-matter/comments/atom.xml/Pensans commented on 'Should Judge Walker's sexual orientation matter?'tag:typepad.com,2003:6a00d834515a9a69e20128779879b7970c2010-02-13T04:41:39Z2010-02-13T04:41:39ZPensansThe linked study makes it clear that in most cases, identity issues affect the outcome of judicial decisions. http://www.abajournal.com/weekly/article/race_gender_of_judges_make_enormous_differences_in_rulings_studies_find_aba There...<p>The linked study makes it clear that in most cases, identity issues affect the outcome of judicial decisions.</p>
<p><a href="http://www.abajournal.com/weekly/article/race_gender_of_judges_make_enormous_differences_in_rulings_studies_find_aba" rel="nofollow">http://www.abajournal.com/weekly/article/race_gender_of_judges_make_enormous_differences_in_rulings_studies_find_aba</a></p>
<p>There is no rule of law . . . just different interest groups splitting a pie. If a judge doesn't look like you, a judge doesn't make legal judgments like you.</p>Pensans commented on 'Should Judge Walker's sexual orientation matter?'tag:typepad.com,2003:6a00d834515a9a69e2012877933cd1970c2010-02-12T05:18:22Z2010-02-12T05:18:22ZPensansYeah, when a white judge and jury convict a black defendant no one ever dares to call into question the...<p>Yeah, when a white judge and jury convict a black defendant no one ever dares to call into question the bias of the decisionmakers. Oh, wait . . . only whites have biases agains blacks, not homosexuals in favor of themselves having the right to marry.</p>
<p>Judges have coercive power, public obedience and appointments. That's what they need and deserve. They don't need or deserve a public presumption that they are acting neutrally when they have obvious general interests in the case. Widespread public scepticism of judicial activity is more important in checking judicial impudence than the marginal improvement in judicial power that self-imposed public censorship would have. Judges are not lacking in power or respect; they are always lacking in motivations to act neutrally.</p>Patrick S. O'Donnell commented on 'Should Judge Walker's sexual orientation matter?'tag:typepad.com,2003:6a00d834515a9a69e20120a88f07f1970b2010-02-11T22:15:51Z2010-02-11T22:15:51ZPatrick S. O'Donnellhttp://ratiojuris.blogspot.com/Bill, Hear, Hear! Well said. Indeed, I often wonder if judges often take special care to demonstrate impartiality in such...<p>Bill, </p>
<p>Hear, Hear! </p>
<p>Well said. Indeed, I often wonder if judges often take special care to demonstrate impartiality in such instances, knowing full well that some individuals will spontaneously react with ill-founded suspicion. </p>Bill Collier commented on 'Should Judge Walker's sexual orientation matter?'tag:typepad.com,2003:6a00d834515a9a69e2012877907e44970c2010-02-11T17:55:12Z2010-02-11T17:55:12ZBill Collier"[C]hallenging the rulings is one thing; piercing the judicial veil is quite another." This is the heart of the matter....<p>"[C]hallenging the rulings is one thing; piercing the judicial veil is quite another."</p>
<p>This is the heart of the matter. Would we question the impartiality of a disabled judge trying an ADA case? Or a black judge presiding at the criminal trial of white supremacists? I know nothing about Judge Walker, but I think he deserves the presumption (not an irrebutable presumption, but a strong presumption nonetheless) of impartiality and judicial integrity. </p>Don Altobello commented on 'Should Judge Walker's sexual orientation matter?'tag:typepad.com,2003:6a00d834515a9a69e2012877904da4970c2010-02-11T17:14:14Z2010-02-11T17:14:14ZDon Altobello"In the event that the ban is struck down, I really hope that the ban's supporters will not pin the...<p>"In the event that the ban is struck down, I really hope that the ban's supporters will not pin the outcome on the sexual orientation of Judge Walker."</p>
<p>But what if it is true? With all of the emphasis on law really being this or that "perspective," shouldn't those who favor this approach not be surprised when one's religion or background is questioned. </p>
<p>I don't know about piercing the judicial veil. It would seem that that would be a futile exercise unless we could get inside someone's brain. </p>