I have long been a critic of Judge Kathaleen McCormick of Delaware over her absurd rulings against Elon Musk and his compensation package at Tesla. In my view, her rejection of the decision of shareholders to approve a generous compensation package reflected a deep bias against the billionaire. Now, McCormick is in hot water after “liking” a story about Musk losing a major case in California. McCormick’s LinkedIn message has prompted Musk’s team to demand that she recuse herself from any future proceedings involving Musk.
McCormick drew criticism from some of us for her refusal to accept the shareholders’ decision on Musk’s compensation. In blocking the compensation, she essentially claimed to be protecting shareholders from themselves. She ignored successive votes in a ruling that seemed tailored to Musk — and McCormick’s dislike for him.
Now, 15 months later, McCormick was found to have reacted to a LinkedIn post on the California case. A jury consultant in the federal case posted a taunting message after the $2 billion verdict, reading “Sorry, Elon. Sorry, Quinn Emanuel. Thanks $2 billion for your help in this trial. It was a pleasure working against you.”
LinkedIn allows users to simply “like” a posting or really like a story by hitting the “support” button. “Support” depicts a heart cradled in an outstretched hand and is considered a stronger expression of support.
The selection of the “support” option resulted in the posting of the image and the phrase “Katie McCormick supports this” floating above the original post.
After the outcry, McCormick insisted that she may never have hit the support button at all: “I either did not click the ‘support’ icon at all, or I did so accidentally. I do not believe that I did it accidentally.”
If she hit the button, she would not be the first judge to be undone by social media. The problem is that, given her earlier rulings against Musk, it is entirely believable.
Judicial ethics rules are struggling to keep up with such controversies and currently remain fairly vague. While judges are admonished not to use their titles in social media postings, the advice remains commonsensical. ABA Standing Comm. on Ethics & Prof. Responsibility, Formal Op. 462 simply warns judges to assume that things posted to a social media site will not remain within the judge’s social circle.
Social media is an obvious danger for judges, including liking posts by lawyers who are or will appear before them. Obviously, political postings (or likes of such postings) raise additional questions about their lack of neutrality.
Indiana warns its judges that “Even the most considerate judge who has taken steps to minimize conflicts and other ethical issues when using social networking sites should be prepared to deal with unexpected issues that may arise.”
Ironically, it is not Judge McCormick’s social postings but her judicial postings that raise the greatest questions over her judgment and independence on matters related to Elon Musk.
No surprises, there.
Fascist Democrats have imposed two systems of justice in America, and they celebrate it. They cheer when judges act as hyper-partisan hacks, whether it is McCormick or Engoron or Merchan or Boasberg. One after another after another, Democrat judges reveal that, under their robes, they are wearing party uniforms. It was Justice Sotomayor who told us that she would not make the same rulings as an old, white male justice. That thought should be frightening in a system that guarantees blindfolded, objective justice.
“That thought should be frightening in a system that [purports to guarantee] blindfolded, objective justice.”
Fixed it for you.
Republicans are fair
Democrats are fascists
Republicans are fascists, Democrats are fair. Fixed it.
I do not understand the absolute hate some people have for Elon Musk. Yes he was born rich but if you look at the companies he helped start he has had an uncanny ability to recognize great investment opportunities. From Pay Pal, Tesla and Space X he has helped start some of the most successful startups in recent history.
I hope he continues this streak as he has created thousands upon thousands of jobs. The United States needs people like Musk badly. Not to mention how he has helped my retirement account.
Ms. McCormick is no judge. She is a partisan hack whose radical animus in prior rulings against Tesla’s compensation packages for Musk have nuked Delaware’s one-time national leadership in business incorporations. Her Musk rulings have driven scores of major US corporations out of Delaware at inestimable costs to Delaware taxpayers like me as Texas, Nevada and any number of other states promise Corporate America that their jurists will follow the law, not raw, vicious partisanship, when overseeing legal issues involving corporate America. Who out there will tell us how many millions or tens of millions of dollars Ms. McCormick has cost Delawareans because, in her utter contempt for the bench, the rule of law and her own office itself as she pursued political scalps with a singular malevolence. In vaporizing innumerable Delaware incorporations, all associated fees, all associated employment, and indirect employment, with unending ripples across our state economy. Ms. McCormick is no judge. She’s nothing but a radical partisan hack whose blind bias has cost Elon Musk far less than it has cost tens of thousands of Delawareans no longer employed because her bias and her ego rule from the bench.
Anonymous 7:47AM-well said and quite succinct. I was getting ready to write my own comment but saw yours and decided I had nothing else to add since yours was so good. The term Pyrrhic Victory crosses my mind when thinking about her ruling.
Much more of this and people will wonder why Delaware is still considered a state and not just a suburb of Philadelphia.
Was that an atta boy? Why thank you.