In the West Virginia case, Justice Kennedy wrote, there was "a serious, objective risk of actual bias".
Decisions about licensing chemicals should be based on scientifically objective risk assessment, not on activist campaigns or on industry reassurances.
The only question that matters in LGBT asylum cases is the objective risk of harm that would be done to a person were their sexuality to be discovered.
The test essentially creates two parallel persecutions – the objective risk from the state or society one comes from, and the living lie required to hide from it.
By making this systematic consideration of initiatives into a routine, the pessimist will be forced into a more objective risk analysis.
The court noted the "serious, objective risk of actual bias" created by such an outsize campaign expenditure.
This had been reinforced by the regulators who believed it was essential for objective risk analysis and assessment.
Previously the risk managers had reported to Zoe Cruz, the co-president overseeing trading, who was ousted by Mr. Mack last month, a further indication that the firm's big bets lacked objective risk oversight.
The new order is supposedly based on an objective risk analysis: every country in the world was asked to meet certain standards for screening visa applicants, and, according to the Trump Administration, all but eight countries did.
Nevertheless, the "serious, objective risk of actual bias" required Justice Benjamin to recuse himself, and his failure to do so endangered the plaintiff's due process rights under the Fourteenth Amendment, Justice Kennedy said.
For example, he said, "The objective risk of driving for four or five hours at high speeds still has got to be way higher than the risk of flying".
