When A Supreme Court Justice Sounds Like A Racist Internet Commenter, We’ve Got A Problem

Were a Judge to make a remark like Scalia’s in a Court proceeding, the defense lawyer (which I am) would likely file an immediate Motion for that Judge’s recusal, due to the appearance of bias or prejudice against the defendant or hisj/her lawyer. What can you do when it’s a Supreme Court Justice? Not much. Justice Scalia should recuse himself from the Voting Rights Act decision.