Thursday, January 12, 2006


I've been listening to the Alito Senate judiciary committee hearings off and on. Coburn from OK is extremely scary!!!! I hate to say it, but Ted Kennedy is a screwball. And, the other shocker is, from what Alito has said so far, he seems extremely reasonable. All the senators are articulate, but Alito himself is very impressive. Brad pointed out he has been a practicing lawyer and judge for a long time, whereas the senators have been stuck talking with each other for however many years. So, I guess Alito has had some practice. I just wish we knew what he was going to do regarding Roe v Wade. (Go to Coburn's website. NUTJOB).

I asked Stacy what recused meant and she gave me an amusing example. Alito keeps talking about recusing himself from cases, which I gathered from context had something to do with his taking himself off a case, but I knew Stacy could give me a legal description.

"a judge is recused when she is disqualified (or disqualifies herself)
from hearing the case because of self-interest, bias, or prejudice.

for instance, if i were the judge and i was assigned a case in which
you were sued for waking up too early, i'd be recused from the case
because (1) i'm your friend and i'm biased and (2) i am prejudiced
because i am predisposed to think that you are GUILTY. ; )

usually, a judge will recuse him or herself when they know they have
self-interest (maybe they are a major shareholder of a corporation that
is being sued or their father is on the board of directors of a company
that is being sued)."

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