Articles by Angikar Ghosal

Case Law

First Amendment Rights of Judges and other Public Employees (Part II of IV): Republican Party of Minnesota v. White (2002)

April 27, 2021 Angikar Ghosal 0

Judges are meant to be nonpartisan parts of the government, as has been emphatically mentioned by Chief Justice Roberts. Although Supreme Court justices can themselves pretend that the position of federal justices is completely devoid of partisan taint, and only considers the law from an unbiased matter, reality shows otherwise. The extreme politicization of judicial confirmations, including those of Justices Gorsuch, Kavanaugh and Barrett, make us realize that indeed, many legal conundrums do not have an obvious, explicit formulation in the law. Entirely opposing viewpoints could be argued for, with the argument pretending to trace back to some clause in the Constitution through a flimsy line of logic. There is simply no ‘right answer’ according to the law, it simply depends on which side the judge supports – views remain irreconcilable. For example, even scholars who are otherwise personally supporters of access to abortion have considered Roe v. Wade to […]

Case Law

First Amendment Rights of Judges and other Public Employees (Part I of IV): Rutan v. Republican Party of Illinois (1990)

April 9, 2021 Angikar Ghosal 0

What extent do judges, or public employees in general, have freedom of speech under the First Amendment? What kind of speech, expression or even association in groups, could disqualify a person from seeking such public office, to ensure that defendants have their due process rights under the Fifth and Fourteenth Amendments protected? What evidence can be used to judge the merit of such claims, and judge the judge themselves? How does this relate to the ethical standards for judicial recusal? The Senate confirmation hearings of Associate Justice of the Supreme Court Amy Coney Barrett saw an unusually reticent Barrett, unwilling to express opinions on matters of even the slightest legal controversy. Her silence could certainly be due to the politicized controversy regarding her nomination, however a larger trend has emerged. On one hand, the candidature of a nominee gets boosted by the presence of a significant paper trail if the […]