Volokh Conspiracy "Donald Trump’s claim that Judge Gonzalo Curiel, the federal judge presiding over the Trump University lawsuit is biased against him simply because he is “Mexican” has drawn nearly universal condemnation. Eugene Volokh offers a particularly thorough critique here. However, former Bush administration Attorney General Alberto Gonzales has (partially) come to Trump’s defense. Although Gonzales states that Trump was wrong to raise these issues in “a public manner,” he also claims that Trump’s accusations may have some legitimacy. His argument is less indefensible than Trump’s own. But only slightly." Andrew Volokh writes: No, Trump can’t get a Mexican American judge recused just because Trump wants to ‘build a wall’ to exclude illegal immigrants . . . "First, a judge’s race, ethnicity, sex and the like aren’t grounds for recusal, even if the case directly involves questions that relate to one of those factors. Neither black nor white judges, for instance, have to recuse themselves from cases that involve alleged race discrimination by whites against blacks (or blacks against whites). Hispanic judges don’t have to recuse themselves from immigration cases that involve Hispanics or from cases that involve constitutional law, administrative law or immigration law questions that especially bear on Hispanic immigrants." . . .
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