Mon, 22 Jun 2009

Today's topic for discussion is:
[via Going Through the Motions]Text of opinion and dissents for the recent Supreme Court decision on Caperton v. Massey, wherein this gem may be found:

In four separate opinions issued during the course of the appeal, {Justice Brent Benjamin} explained why no actual bias had been established. He found no basis for recusal because Caperton failed to provide "objective evidence" or "objective information," but merely "subjective belief" of bias...Nor could anyone "point to any actual conduct or activity on [his] part which could be termed 'improper'" ...

In other words, based on the facts presented by Caperton, Justice Benjamin conducted a probing search into his actual motives and inclinations; and he found none to be improper. We do not question his subjective findings of impartiality and propriety. Nor do we determine whether there was actual bias.

:-D
posted at: 01:48 | permanent link to this entry