June 6, 2016—Professor Eugene Volokh was quoted in an op-ed in the Washington Post, as well as in an article on Vox.com and various news outlets, addressing presidential candidate Donald Trump’s comments questioning the ability of Judge Gonzalo Curiel, who is overseeing a court case involving Trump University, to remain unbiased given that Judge Curiel identifies as ethnically Mexican. Professor Volokh maintains that Trump’s rationale is impractical from a legal standpoint.
“Trump's theory is, apparently, that anyone can get any judge disqualified for "conflict of interest" just by saying things that the judge finds offensive enough,” said Professor Volokh. “For obvious reasons, that is not the law, because it can't be the law. Judges can't be disqualified from a case because of their ethnicity, or because of their ideology, or because you say things that are offensive to them or their ethnic group.”
Read More at the Washington Post.
Read More on Vox.com.