paul’s words

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“Biased Judges”

Donald Trump expresses concern that the judge of Mexican heritage is biased against him because he has announced his intention to build a wall and deport Mexicans (who are all suspect).

We should be concerned, instead, that a judge of Anglo heritage might be biased against a Chicano defendant.

What will Trump do about judges of Italian or French or Greek heritage? Danes?  Swedes? Japanese? Chinese? Are women automatically suspect? Older judges? Younger ones? Mixed heritage? Russian? There’s at least 200 nationalities. How shall we evaluate any nominee Trump might make to any U.S. Court? Must they be “biased” in Trump’s favor?

Interesting that the case involves Trump University. By his complaint, Trump implicitly acknowledges that he is or was directly involved in the University to the extent that if the University has done something wrong, then the fault is Trump’s.

The distinct uniqueness of the American system of justice is that even when we disagree with a decision of the Supreme Court, we abide by it until we can overturn it (as Judge Bruce Jenkins of the U.S. District Court for Utah reminded us). Plessy v. Ferguson was wrongly decided, but it endured as the Law until Brown v. Board of Education of Topeka, Kansas directly overturned Plessy’s doctrine that “separate but equal” was all that was required. In the intervening half century, we acquiesced in that faulty notion.

To disparage the judge before a case is tried or decided is to disparage the whole system.

That is not the American way. Can I say it’s “un-American”?
W. Paul Wharton