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Impeach Justice Ginsberg?

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Pryderi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-11 04:58 PM
Original message
Impeach Justice Ginsberg?
I got this from my republican brother, and am having trouble refuting it. At least the Ginsburgs did disclose it on their forms...


http://findarticles.com/p/articles/mi_m1571/is_n27_v13/... /
In what appear to be violations of federal law and codes of judicial ethics, Justice Ginsburg has participated in more than 20 cases in which her husband owned stock in one of the litigating companies.

Supreme Court Justice Ruth Bader Ginsburg may have violated federal law, as well as professional codes of judicial ethics, by participating in more than 20 cases in which one of the litigants was a publicly traded corporation in which her husband owned stock.

Reviewing Ginsburg's financial-disclosure reports and cases in West's Supreme Court Reporter, Insight found that since 1995, Ginsburg apparently did not disqualify, or recuse, herself from cases that directly affected eight companies in her husband's rollover individual-retirement account, or IRA. Martin Ginsburg owned between $15,001 and $50,000 worth of shares in NYNEX, American Home Products, Exxon, General Electric, American International Group, Procter & Gamble and Johnson & Johnson -- and $15,000 or less in AT&T -- at the time his wife appears to have adjudicated cases that may have affected the value of his portfolio.

And even if that had no effect on the companies' stock-market performance, Ginsburg still may have violated the federal statute governing judicial procedure, which provides that "Any judge, justice or magistrate shall disqualify himself in any proceeding" if "he knows that he, individually or as a fiduciary, or his spouse or minor child residing in his household, has a financial interest in the subject matter in controversy or in a party to the proceeding" (28 U.S.C. 455). "Financial interest," according to the statute, "means ownership of a legal or equitable interest, however small." Both the American Bar Association's influential Model Code of Judicial Conduct, and the Judicial Conference's Code of Conduct for United States Judges (adopted by virtually all federal district and appeals courts) contain similar provisions and emphasize that judges must avoid all impropriety and appearance of impropriety.

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leveymg Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-11 05:04 PM
Response to Original message
1. The difference is -- and it's important -- Thomas did not disclose the COI.
Most of the Justices own stock, directly or indirectly through mutual funds, in their IRAs. That's something that your brother's sources and this article isn't telling you.
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angstlessk Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-11 05:09 PM
Response to Original message
2. Well, then, ALL who owned stocks in ANY company should have recused themselves
from Citizens United, as it would undoubtedly enhance their holdings over time...UNLESS ONE WANT TO PRETEND IT HAS NO EFFECT ...
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Ozymanithrax Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-11 05:42 PM
Response to Original message
3. This may have some bearing. Ginsbergs husband divested his holdings as required by statute.
Edited on Tue Feb-15-11 05:43 PM by Ozymanithrax
When Do Supreme Court Justices Recuse Themselves?
Justice Ruth Bader Ginsburg participated in a case before realizing her husband owned stock in some of the companies involved. Ginsburg's husband divested as the statute prescribes.

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csziggy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-11 05:46 PM
Response to Original message
4. SO have you asked him about Clarence Thomas and Justice Roberts
Not recusing themselves from Citizens United when they had a direct connection with the Koch Brothers? That is much more egregious than what the allegations about Justice Ginsburg claim, especially since their ruling goes completely against prior cases and the express wishes of the Congress.
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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-11 05:51 PM
Response to Reply #4
5. Don't forget Scalia. He goes hunting with defendents (Cheney).
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csziggy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-11 06:35 PM
Response to Reply #5
6. Oh yeah, how could I forget that slime bag?
Too many nasty Bush appointees to keep straight, I guess.
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Initech Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-11 06:39 PM
Response to Original message
7. Impeach the whole fucking lot of 'em for CU
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BzaDem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-11 06:40 PM
Response to Reply #7
8. ... even the justices who dissented in CU? n/t
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Initech Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-11 06:46 PM
Response to Reply #8
9. No just the ones who voted for it.
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Motown_Johnny Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-15-11 07:00 PM
Response to Original message
10. Do we know if her rulings helped or hurt the companies in question?

It seems to me that if she had a record of ruling in favor of the companies in her husbands IRA then the people who created this would try to use that as evidence to support impeachment.

If she has a record of ruling against her own interests then I think this is going to defuse any argument against her.
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