Even though federal law requires federal judges, including Supreme Court justices, to recuse themselves from “any proceeding in which his impartiality might reasonably be questioned”, the Supreme Court has made a decision to let justices determine their own recusals.
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In an interview with the New York Times on Sunday, the jurist suggested she may emigrate in the event of a Trump victory.
If, as Chief Justice John Roberts famously said, the job of a Supreme Court justice is to be an “umpire” calling balls and strikes, then Ruth Bader Ginsburg whiffed big time by publicly criticizing presumptive Republican presidential nominee Donald Trump.
That makes it vital that the court remain outside the presidential process. If Trump wins the presidency, the Supreme Court will hear numerous cases involving his administration.
“He is a faker”, she said of Trump in her chambers. Now Ginsburg has injured herself and the court that she has ably served for more than two decades. “He has no consistency about him”. He says whatever comes into his head at the moment. He really has an ego.
Ginsburg’s remarks were received with instant and widespread criticism, including from The New York Times’ editorial board, high-profile legal experts like Jeffrey Toobin and, of course, Trump himself. “The press seems to be very gentle with him on that”.
On Thursday, Ginsburg walked-back her comments on Trump. She should have resisted the temptation to offer her political commentary in the first place.
Recent history shows the potential danger.
If there is a dispute over the upcoming election, the Supreme Court could get involved as it did during the 2000 election between eventual victor George W. Bush and Democratic candidate Al Gore.
In expressing her disdain for Trump, Ginsburg was anything but circumspect, leading some to wonder whether, after 23 years at the court, she is looking toward a possible retirement after the presidential election. Beyond that, her commentary serves only to diminish the institution on which she serves.
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As chief justice, Roberts has labored mightily to protect the court’s reputation and ensure that the public sees its members as more than politicians in robes.
