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According to Supreme Court Rule 44, the Ohio state officials named in the case of Obergefell v Hodges have 25 days from the original hearing to file for a rehearing: “Any petition for the rehearing of any judgment or decision of the Court on the merits shall be filed within 25 days after entry of the judgment or decision, unless the Court or a Justice shortens or extends the time.” The justification for a rehearing would be the examples of blatant personal bias that Chief Justices Kagen and Ginsberg have shown by approving of and officiating same-sex marriages, far in advance of the hearing.
I’ve emailed three Ohio officials from the Governor’s office, and will make calls as well. Below are some appropriate email addresses and phone numbers, and a sample letter that you can use. I urge anyone to contact these people immediately:
Dear [Ohio official],
In May 2015, Justice Ruth Bader Ginsberg officiated a same-sex wedding while declaring her opinion that the U.S. Constitution vests her with such powers, even though same-sex marriage was not Federally recognized at that time. When Bader displayed such a lack of impartiality regarding gay marriage, she effectively disqualified herself from participating in any legal proceedings for any case involving the Federal legality of same-sex marriage.
Justice Elena Kagen has disqualified herself as well, having also performed a same-sex wedding ceremony in 2013.
Section 455 of the Title 28 of the United States Code insists that a judge “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned,” while Section 144 of the same Title provides that any judge displaying “a personal bias or prejudice either against him or in favor of an adverse party” qualifies for recusal and replacement. TheWikipedia page for “Judicial Disqualification” explains, “The general rule is that, to warrant recusal, a judge’s expression of an opinion about the merits of a case, or his familiarity with the facts or the parties, must have originated in a source outside the case itself. This is referred to in the United States as the “extra-judicial source rule…”
I urge you, in the spirit of upholding the law, to file for a rehearing of Obergefell v. Hodges, the June 26 hearing that led to the Federal ruling in favor of same-sex marriage – the ruling that erased the will of so many States and the People of those States. A motion for such a rehearing may be submitted within 25 days of the original hearing, according to Supreme Court Rule 44: “Any petition for the rehearing of any judgment or decision of the Court on the merits shall be filed within 25 days after entry of the judgment or decision, unless the Court or a Justice shortens or extends the time.”
Thank you very much for your time and serious consideration.
Seth J. Delconte