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Walker Sends Letter to Justice Ginsburg Asking for Self-Recusal from "Protecting the Nation from Foreign Terrorist Entry" Executive Order Case

June 28, 2017
Press Release
"It would be unreasonable not to question your impartiality. Failure to recuse yourself from any such case would violate the law and undermine the credibility of the Supreme Court of the United States."

WASHINGTON, D.C. – U.S. Representative Mark Walker (R-N.C.) this week joined U.S. Representative Ron DeSantis (R-Fla.) and 56 of his colleagues in sending a letter to Supreme Court Justice Ruth Bader Ginsburg asking her to recuse herself from the "Protecting the Nation from Foreign Terrorist Entry" Executive Order case due to her demonstrated bias against President Donald Trump. The letter was sent following  the Supreme Court decision to hear International Refugee Assistance Project v. Trump in October.

The letter states, in part: 

“As an Associate Justice of the Supreme Court, you are required to recuse yourself in cases in which your “impartiality might reasonably be questioned,”  and where you have “a personal bias or prejudice concerning a party. The U.S. Court of Appeals for the Fourth Circuit rested its decision in International Refugee Assistance Project v. Trump on President Trump's campaign statements. The case places the personal credibility of President Trump directly at issue. Given your repeated public criticism of both candidates and President Trump, the statue is triggered and your recusal in Trump v. International Refugee Assistance Project is required by law.

"Your public criticism of Donald Trump during the campaign included statements such as, "I can't imagine what this place would be–I can't imagine what the country would be–with Donald Trump as our president." You referred to Donald Trump as "a faker." When asked about the possibility of Donald Trump winning the presidency, you responded, "I don't want to think about that possibility, but if it should be, then everything is up for grabs."

"Additionally, friendly media outlets harshly criticized your conduct. For example, the editorial board of The New York Times found it "baffling that Justice Ginsburg would choose to...call her own commitment to impartiality into question," and wondered whether, in a case involving Mr. Trump, if anyone could "now argue with a straight face that Justice Ginsburg's only guide would be the law."

"You are bound by law to recuse yourself from participation in this case. There is no doubt that your impartiality can be reasonably questioned; indeed, it would be unreasonable not to question your impartiality. Failure to recuse yourself from any such case would violate the law and undermine the credibility of the Supreme Court of the United States.”

You can read the full letter here.