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Wednesday
Dec012010

Should Judge Reinhardt Recuse Himself from Prop 8 Appeal?

Photo Courtesy -- Getty Images(WASHINGTON) – Some conservatives have called for Judge Stephen Reinhardt to recuse himself from a panel that will review Proposition 8 amid concerns over his wife’s ties to the ACLU.

Reinhardt was chosen to serve on a three-member panel that will review the appeal of Prop 8, which made same-sex marriage illegal in California.

Conservatives, however, led by Ed Whelan of the Ethics and Public Policy Center, have asked that Reinhardt disqualify himself because his wife, Ramona Ripston, is the executive director of the ACLU.
 
Whelan said Reinhardt is obligated to recuse himself based on the U.S. Code of Conduct for judges.
 
Other opponents, however, believe that having Reinhardt on the panel would actually be good for opponents of Prop 8 in the future.  Orrin Kerr, a professor of law at George Washington University, called Reinhart “the most-reversed Court of Appeals judge in the land,” saying the U.S. Supreme Court has a history of reversing his decisions.

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