The author discusses the justification for judicial resignation in abortion and death penalty cases against the background of the movement to abolish slavery. The author criticizes the profession for failure to consider the personal responsibility of judges for enforcing particular laws. The author proposes a formal, public mechanism of recusal in cases of conscience so that judges need not choose between enforcement and resignation.
An Essay Concerning Judicial Resignation and Non-Cooperation in the Presence of Evil,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol27/iss1/3