Gohmert: Ginsburg, Kagan ‘Violated the Constitution,’ Didn’t Recuse Themselves from Gay Marriage Ruling

By Melanie Arter | July 8, 2015 | 2:40 PM EDT

Rep. Louie Gohmert (R-Texas) (AP Photo)

(CNSNews.com) – Rep. Louie Gohmert (R-Texas) told C-SPAN’s “Washington Journal” on Wednesday that Supreme Court Justices Elena Kagan and Ruth Bader Ginsburg “acted illegally” by not recusing themselves before weighing in on same-sex marriage.

“Two of our justices – Kagan and Ginsberg – had presided over same-sex marriage. So there was no question they believed it was constitutional. That means they were disqualified. The law 28 USC 455 says: ‘Any justice, judge or magistrate of the United States shall disqualify’ – not maybe – ‘shall disqualify in any proceeding in which impartiality might reasonably be questioned,’” Gohmert said.


As CNSNews.com previously reported, Ginsburg officiated the gay marriage ceremony of Michael Kahn, artistic director of the Shakespeare Theater Company in Washington, and Charles Mitchem, who works for an architecture firm in New York. Kagan also officiated a same-sex marriage ceremony.

Alabama Supreme Court Justice Roy Moore told CNSNews.com that was grounds for impeachment for both justices.

Moore’s Foundation for Moral Law issued a press release in May, saying, “Canon 3A(6) of the Code of Conduct for United States Judges provides that ‘A judge should not make public comment on the merits of a matter pending or impending in any court.’ 28 U.S.C. sec 455(a) mandates that a Justice ‘shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.’”

“We had two justices that were totally disqualified. They acted illegally. They violated the Constitution,” Gohmert told the “Washington Journal.”

“That’s an illegitimate and improper decision, and when the highest court in the land has two judges that are that condescending and that willing to violate the law in order to impose their unelected will on the American people, then God help us. We’re in a lot of trouble, and I think that’s where we are,” he added.

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