Published on December 15, 2010 | by LawNews
Prof. James Sample Says Judge’s Ruling on Health Care Law May Not Be Impartial
Does the Health-Care Judge Have Conflicts?
By Nathan Koppel
Wall Street Journal
December 14, 2010
It’s inevitable, perhaps, that Virginia federal judge Henry Hudson’s ruling Monday striking down key aspects of the health-care law would be looked at from every angle, including whether the judge should even have presided over the case.
“Federal judges are required by statute to disqualify themselves from hearing a case whenever their impartiality might reasonably be questioned,” James Sample, an associate professor at Hofstra Law School told TPM. “It’s a hyper-protective rule and for good reason. At the very least, his continued financial interest in Campaign Solutions undermines the perceived legitimacy of his decision.”
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