“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,” Volokh wrote. “Don’t like the Jewish judge on your case? Say things that are critical of Jews, and now the judge presumably has to step aside because of a conflict of interest. Don’t like the female judge? Say things that women tend to find offensive. Don’t like the judge who was a Republican activist? Say nasty things about Republicans.”
“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.”
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