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Quote by Deborah Rhode

“If you follow Donald Trump's logic, say that he couldn't decide any civil rights cases because he would be biased.I mean, we do want a diverse and inclusive judiciary - one that looks like the people that they serve. And we do recognize the value of having diverse backgrounds represented.”

Quote by Deborah Rhode

Author

Deborah Rhode is an esteemed law professor known for her contributions to the field of gender and law studies. Born on January 29, 1952, she has been a professor at Stanford Law School since 1979. Professor Rhode's research spans gender equality, the legal profession, legal theory, and the relationship between law and gender. more

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“We don't want to disqualify individuals who are selected partly because they bring that diverse experience to the court in cases where that experience is most likely to make a difference.”

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“If that were a winning argument, Donald Trump could get anybody off the bench on his cases by just something deeply offensive based on their background.”

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“There have been so many examples of highly qualified judges of enormous integrity who lost their positions because they were in fact disabled from speaking out to defend a controversial opinion.”

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“You can understand why the original framers of judicial ethics thought it would be undignified and would call into question the legitimacy of the judicial decision-making process to have mudslinging by judges, but the way that we hobble people of enormous integrity from defending themselves is, I think, deeply problematic in states where you have an elected judiciary, or a judge is subject to recall.”

“I do think the whole question of judicial accountability is a complicated one. On the one hand, you want to encourage judicial independence. And it's always, I think, problematic when an unpopular decision triggers a recall election. Because it sends a disempowering message to judges. On the other hand, it's the only way that voters have to rein in someone whose views are really so out of the mainstream of public opinion that they jeopardize the legitimacy of the judicial process.”

“I personally think that we should be extremely reluctant to use a recall mechanism for an unpopular decision simply because of the message it sends about judicial independence.”

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“There are cases in which somebody has demonstrated just such an outrageous disregard for the bounds of an acceptable decision that you want a measure of accountability.”

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“The cliché is what are the qualifications for a federal Court of Appeals judge is somebody who knew a senator once. I mean the process of selection is deeply political and yet we expect the result to somehow stand above it.”

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“I think the answer has to do with the fact that [Louis D.] Brandeis was a consistent critic of bigness in business and in government.”

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“Basically [Louise] Brandeis was a Jeffersonian. And you say the timing is great, and it is in a lot of senses, except not for [Tomas] Jefferson, because this is a Hamiltonian moment, and he's the rock star of the minute with a great musical.”

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