South Bend, Ind., Dec 3, 2009 / 16:59 pm
In a hearing today, the judge assigned to the case against the 88 pro-life protesters arrested for trespassing at Notre Dame's commencement exercises last spring, has allowed the request for her recusal to move to an appeals court.
St. Thomas More Society attorney Thomas Dixon, who is representing the protesters, argued that Judge Jenny Pitts Manier has “an actual or perceived bias based on her prior rulings, her husband’s outspoken criticism of Catholic pro-life teachings as a philosophy professor at Notre Dame and other factors.”
Judge Manier, the wife of a retired pro-abortion Notre Dame professor, is markedly pro-abortion herself, Laura Rohling, one of the Notre Dame 88, told CNA in an October email.
In an October statement, Judge Manier denied any personal or judicial bias in the case and refused to recuse herself. She has also stated that her husband doesn't have a personal or professional interest in the case.