Judgegate and the DC Circuit: Alaska has the solution for the problem of biased federal judges

This week, the House Judiciary Committee will hold hearings on the problem of biased federal judges in the D.C. Circuit. The Trump administration has fared poorly before several DC Circuit judges, and there is ample evidence that some judges are biased in favor of the Democratic Party. 

James Howard Kunstler identified five judges as the prime suspects in the Judgegate scandal: James Boasberg, Amy Berman Jackson, Tanya Chutkan, Beryl Howell, and Amir Ali. All five judges were appointed by Democratic presidents, and some have family members who are active in Democratic Party politics.

Assuming the Judiciary Committee concludes that the DC Circuit is a nest of Democratic Party hacks, how do you break up the cabal? After all, federal judges are appointed for life. It is true that federal judges can be impeached; however, as Chief Justice John Roberts pointed out, impeachment is an inappropriate means of addressing biased judges.

Justice Roberts said that the appellate process is the appropriate way to seek redress from politically motivated judicial decisions, but I disagree. Appeals to federal appellate courts can take years to rectify the injustice caused by a politically corrupt judge, and the appellate process is often expensive. 

Of course, a party can file a motion before judges they believe are biased, requesting that they recuse themselves due to a conflict of interest. But who rules on such motions? The judges themselves, and they seldom admit that they are unable to be fair.

Alaska may have a solution to this problem. In the Land of the Midnight Sun, attorneys in the state courts have the right to preemptively request a judge's recusal if they believe the judge might be biased against their client. An attorney isn't required to give a reason for the request, which is automatically granted.

Allowing litigants one free bump of a federal judge won't solve the problem of biased judges in the DC Circuit, but it would be a solid step toward ensuring fairness in the federal courts. After all, if the judges aren't fair and impartial, there is no point in having a judicial system.