News Analysis
Judge Gertner Appeals!

Sidebar: Conservatives are alarmed

February 22, 2001

Judge Nancy Gertner has taken the unusual step of appealing the decision of the U.S. Circuit of Appeals against her.

She was removed at the request of Atty. Chester Darling from a case in federal court concerning the assignment of Boston’s school children based upon the color of their skin even if they wish to attend a different school.

The Court of Appeals said it did so because she gave “an appearance of partiality” in the case.

But her appeal doesn’t appear to help her.

In her brief, she said, “Two weeks ago a panel of this Court did something that the Court has never done before.”

Exactly!!

That should make her think a little.

Then she said that what had been done to her should be resorted to “only in extreme cases.”

Exactly!!

She may be getting the message after all.

Then she said that her statement to the press  “cannot lead a knowledgeable person to reasonably question her impartiality.”

If the Court of Appeals would like to know some “knowledgeable” and “reasonable” persons who question her impartiality, the entire courthouse could be filled many times over.

What has many wondering now is who is paying the expensive firm of Hutchins, Wheeler and Dittmar to represent the judge at this time of trial in her life?

Related:
Atty. Darling has Judge Gertner removed from Boston school suit

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