In a vigorous dissent, Chief Justice Roberts wrote that the majority decision would have dire consequences for "public confidence in judicial impartiality."
Chief Justice John G. Roberts Jr.'s dissent warned that the majority's decision would have dire consequences for "public confidence in judicial impartiality."
He should at the very least explain publicly how he could claim judicial impartiality.
Judge Caldwell rejected the state's argument that its interest in preserving the appearance of judicial impartiality justified the ban.
"If the state has a problem with judicial impartiality, it is largely one the state brought on itself by continuing the practice of popularly electing judges."
Different nominees may draw this line a little differently, but they draw the same kind of line protecting their judicial impartiality and independence.
The Court concluded that the announce clause was not narrowly tailored to serve the state's compelling interest in judicial impartiality and therefore failed the test of strict scrutiny.
Certainly the new job required that Mr. Sofaer shed his judicial impartiality.
The court's decision in this case continues to provide precedent today in many cases involving judicial impartiality.
The limitations are intended to preserve the appearance of judicial impartiality.