Should Ginsburg Recuse in SCOTUS Travel Ban Case?

, The National Law Journal


Dozens of GOP House members are calling on Justice Ruth Bader Ginsburg to recuse herself from the high-stakes case because of negative comments she made about Donald Trump before he was elected president. While Ginsburg may not be forced to withdraw, one law professor said she "has only herself to blame for the optics."

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What's being said

  • Honest Iago

    Justice Ginsburg will not recuse herself. Anyone with such a tight grip on power that she would not retire during Obama‘s second term to ensure a liberal successor to herself isn‘t about to step aside in a case like this. For those interested in the question of her devotion to the Constitution, I would suggest watching the interview on Egyptian television in which she openly suggested that Egypt not pattern its future constitution on ours because ours is, according to her, an antiquated document irrelevant to the modern world.

  • Barnum

    If she is going to judge him by what he said during the campaign, she should apply the same standard to herself and recuse.

  • Gandydancer

    There is no parallel between Scalia being friends with Cheyney when Cheyney‘s office is a party to the case and Ginsberg having declared her political opposition to Trump. If she doesn‘t recuse she should be impeached.

  • Will Roberts

    Justice Ginsburg could be disbarred.

  • pjmoran

    It is unfortunate that it has come to this but Justice Ginsburg has expressed her disdain not only for all things Trump but for the Constitution itself. She clings to her power in the hopes of judicially amending the Constitution to eliminate, among other fundamental rights, the right to self defense and "the right of the people to keep and bear arms." Of course, once the phrase "the right of the people" is construed as it was by the Heller dissenters, to no longer mean an individual right, then it is only a matter of time before the First, Fourth and Ninth Amendments will also be gone. In our Constitutional structure and philosophy, individuals have rights, governments ( state or federal ) have powers. This is the essence of a democratic republic. Justice Ginsburg ( and the three other Heller dissenters ) don‘t like that. They believe in judicial amendment ( as Justice Sotomayor candidly put it ) whereby a gang of five of nine unelected individuals ‘tidy up‘ the Constitution to adjust it to their personal views of current social mores

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