You misunderstand the standard. The test is whether judges’ impartiality could reasonably be questioned, not whether in fact they were not impartial. It is a reasonable man standard to avoid even the appearance of impropriety. In this case, there is strong evidence that Jinny Thomas tried very hard to overturn the results of the election. Lindsey Graham did the same. It is quite reasonable for people to believe that they have an interest in the outcome of the investigation. The reasonable man standard has clearly been met. I have tried cases in front of lower courts where judges have recused themselves merely because of the appearance of bias against one of the parties. Any time there is a possibility that impartiality may be threatened, judges prudently remove themselves from further consideration. The color blindness of the law is fundamental to our system of justice.

The current Supreme Court has lost credibility because of the circumstances under which three of its newest members were appointed and because of the obvious political bias exhibited in their decisions. The Supreme Court that I have long admired and treasured, even when I did not necessarily agree with their opinions, has become a caricature of justice. The general public sees through the charade. The court has lost all credibility. To ever be taken seriously again as a bastion of justice, it has a lot of work to do to repair its image. If it doesn’t, I fear for the integrity of the Republic. The law is the last line of defense that holds our country together. If it is no longer deemed impartial and above political and personal bias, a vast swath of society will quickly reject its decisions. Chaos would quickly ensue.