Liberal Supreme Court Justice Ruth Bader Ginsburg has no business presiding over any legal case involving President Donald Trump, and that especially includes the case currently before the court – the one that will decide whether or not the president’s travel ban can finally go forward as written.
No one is any longer foolish enough to believe that the nation’s high court is somehow “above” politics, but that knowledge did not excuse what Ginsburg said in interviews last summer.
“I can’t imagine what the country would be with Donald Trump as our president,” she told The New York Times in July. “For the country, it could be four years. For the court, it could be – I don’t even want to contemplate that.”
After being harshly criticized for those remarks, Ginsburg doubled down in an interview with CNN a few days later. “He is a faker,” she said of then-candidate Donald Trump. “He has no consistency about him. He says whatever comes into his head at the moment. He really has an ego. How has he gotten away with not turning over his tax returns?”
These are the remarks of a shameless partisan, and they have no business coming out of the mouth of a Supreme Court Justice. Ginsburg can go around and do interviews all day long about her liberal ideology and how the Constitution is a “living document” that can be changed on a whim, but she should not be commenting on an election-in-progress. She certainly should not be trashing the man who could be – and ultimately turned out to be – the next president of the United States.
At the time, Ginsburg probably thought that outcome was so unlikely that she could get away with her remarks. Well, now the unlikely has become the reality, and Ginsburg needs to do the right thing and recuse herself from the travel ban case before she does irreparable damage to the reputation of the Supreme Court – to say nothing of the damage an adverse decision would have on our national security.
Frankly, her comments should disqualify her from having anything to do with any further legal action regarding the Trump administration, which makes her less-than-useful as a Supreme Court Justice. Therefore, the best course of action may be for her to finally hang up her robe and call it a career. Perhaps she was hanging on to make sure that Obama would be succeeded by another Democrat. Well, that didn’t happen. Whoops. We’ll forgive RBG all her terrible rulings if she’ll step aside and let Trump nominate a conservative, constitutionally-aligned judge to take her place.
But yeah, we’re not going to hold our breath.