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