Here’s a really, really bad idea. A petition has been launched demanding that Justice Scalia recuse himself from the marriage equality cases because he has shown “bias and contempt for GLBT issues.” Absolutely not, and be very careful what you wish for. That same illegitimate basis could be used to force liberal justices to recuse as well.
Judge Scalia has openly stated over and over again his contempt for GLBT issues, and has compared Marriage Equality to “murder.” Enough is enough. This biased judge, who has made it clear that his biases are more important than the fairness of the law, should recuse himself NOW for any deliberations on DOMA and Prop 8.
No, he shouldn’t. You may wish he would, but you can’t possibly hold this position consistently unless you demand that every justice recuse themselves on every case on which they have expressed any opinions at all. If this were a liberal justice who had made pro-equality statements, would you call for them to recuse themselves? Of course not. And they do, by the way. The potential problems with this are enormous. If a liberal justice gave a speech saying that the death penalty is administered in a racist manner, by the reasoning of this petition they would have to recuse themselves from any case involving the death penalty.
Unless you want to be completely up front in your hypocrisy and just say that only justices who express an opinion that you disagree with should have to recuse themselves. But if you’re going to take that position, no one should take you seriously at all.