Larry E. Parrish v. Supreme Court of Tennessee
Because it is a structural constitutional right, can any litigant for any reason agree, by waiver or can a State for any reason forfeit any litigant's undeniable Fourteenth Amendment structural due process right to be adjudicated by no person other than a constitutionally qualified judge?
Otherwise stated, is the right that no person other than a constitutionally qualified judge can adjudicate, in a court, any litigant's claims a structural right of the public, rather than a personal right of the litigant; therefore, is the litigant constitutionally forbidden to waive and the state constitutionally forbidden to statutorily forfeit the right, no different from a litigant being forbidden to waive or a state to forfeit the public's structural right that only courts with subject matter jurisdiction can render orders and judgments?
Whether a state supreme court rule requiring timely judicial recusal motions violates a litigant's structural due process right to an impartial judge under the Fourteenth Amendment