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Prop 8 Proponents Move to Disqualify Judge Reinhardt from Ninth Circuit Panel

ProtectMarriage.com, the proponents of Proposition 8, file a motion with the Ninth Circuit seeking to remove Judge Stephen Reinhardt from the 3-judge panel that will hear the appeal of the district court decision striking down Prop 8.  The proponents’ motion calls into question Judge Reinhardt’s impartiality, pointing to his wife’s position as Executive Director of the ACLU of Southern California, which they allege has been involved in the litigation against Prop 8.

“So long as a judge’s impartiality might reasonably be questioned, recusal is required,” the proponents write in their brief.  “The facts of this case would plainly lead a reasonable person to conclude that Judge Reinhardt’s impartiality might reasonably be questioned.”

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