Lively Renews Demand for Immediate Recusal of Justices Ginsberg and Kagan

4/21/15, Press Release, For Immediate Release

Constitutional Attorney and former Massachusetts Gubernatorial Candidate Dr. Scott Lively, in his capacity as President of Abiding Truth Ministries and it’s global subsidiary Defend the Family International, will reiterate his call for the immediate recusal of Supreme Court Justices Ruth Bader Ginsberg and Elena Kagan at a press conference on the steps of the Supreme Court in Washington DC on Monday, April 27th at 10:00am.

Lively is one of fifteen national pro-family leaders who have organized the “Restrain the Judges” Project, calling on the Congress of the United States to exercise its power under Article 3, Section 2 of the U.S. Constitution to remove jurisdiction over marriage from the Supreme Court.  The members of this coalition will present as many as 2 million “Restraining Orders” to the Supreme Court at the press conference.  These are letters from pro-family advocates across the nation personalized to all 535 Members of the Congress and the 9 Justices of the Supreme Court.

Dr. Lively’s emphasis at the press conference will be the imminent threat to civil order presented by the continuing refusal of Justices Ginsberg and Kagan to step down from the “gay marriage” case.

“The social contract of Americans with our government assumes that judges will administer our laws impartially,” said Lively.   “Even the appearance of bias undermines public confidence and breeds discontent, which is why the bedrock principle of judicial ethics requires judges to recuse themselves in cases where their impartiality might reasonably be questioned.

“In the present case, the pro-homosexual marriage bias of Justices Ginsberg and Kagan is not merely apparent, it is actual and blatant, because each of them has officiated at a ‘gay marriage’ ceremony, knowing full well that legal issues at stake would come before them in their capacity as judges.

“The refusal of Justices Ginsberg and Kagan to recuse themselves, and the decision of Chief Justice Roberts to condone their refusal, is an unprecedented act of lawlessness by our highest court that alone renders invalid any ruling they make in this case.

“Furthermore, in taking this action the court is surrendering the Rule of Law to the Rule of Man, and inviting, nay, inciting, civil rebellion.

If this court declares homosexual sodomy to be a basis for marriage by judicial fiat and the majority ruling relies on the blatantly pre-judiced (pre-judged) votes of Gingberg and/or Kagan, this nation will be thrown into a state of civil and moral chaos not seen since the civil war.  A sizable portion of our citizenry, and numerous state governments will rightly refuse to comply with the ruling of the court and civil disobedience will be the only recourse for people of strong Biblical faith.

“Let me be clear.  As a Christian attorney who knows the deep Biblical history of this nation, I will not accept the legitimacy of any decision finding a ‘right’ to so-called homosexual marriage under our constitution, no matter how many justices rule that one exists.  But I believe the best hope for avoiding such a ruling is the removal of Ginsberg and Kagan from the vote.  And in causing the court to require these biased justices to remove themselves, we the people will have demonstrated to the swing voters Kennedy and Roberts that a bad vote from them will create the Roe v Wade of marriage (on steroids) with all of the future social conflict that will entail.”

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