On February 16, 2022, Professor James Sample was quoted in the National Law Journal article “Judge James Ho’s Affirmative Action Comments Spark Debate Among Legal Academics.”
Excerpt
Ho’s speech could give rise to recusal concerns if Ho is assigned to cases in the future related to policies aimed at remedying historic discrimination, said Hofstra Law professor James Sample. Under federal statute, a judge must disqualify from hearing a case if their impartiality “might reasonably be questioned.”
Sample said given Ho’s strong backing of color-blind policies in his talk, it would be reasonable for someone to question his ability to follow existing law that protects against racial discrimination in various contexts.
“The question isn’t whether he subjectively believes he is impartial… When Judge Ho is speaking the way he was speaking, he’s advocating for a position that is not the law. And that’s his personal prerogative as a citizen to have those views, but it runs headlong into his responsibilities,” Sample said. “We have federal law that’s been on point for decades that protects against racial discrimination in voting practices. That’s not colorblind.”
Read the full article on the National Law Journal website.
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