Now that the Supreme Court has decided to hear President Trump’s Travel Ban case in the Fall, Congressional Republicans are calling on Justice Ruth Bader-Ginsburg to recuse herself from the case.
Recall that during the election season, Ginsburg made disparaging remarks about Trump that showed just what she thought of him and her comments weren’t anything ‘nice.’ Ginsburg made negative comments about Trump on more than one occasion back in 2016:
“He has no consistency about him,” Ginsburg told CNNlate Monday. “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? The press seems to be very gentle with him on that.”
She told the New York Times in an interview published online Sunday, “I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president…For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.” She told Times reporter Adam Liptak that it reminded her of something her husband, Martin, who died in 2010, would have said: “Now it’s time for us to move to New Zealand.”
When asked by Associated Press reporter Mark Sherman about a Trump victory, Ginsburg said: “I don’t want to think about that possibility.”
Normally, Supreme Court Justices do not comment on presidential elections or show a preference since they may eventually have to hear a case involving the president, such as the travel ban. Ginsburg apologized for her statements but Congressional Republicans are having none of it. They have sent a letter demanding she recuse herself from the case. As The Washington Times reports:
Dozens of congressional Republicans are demanding that Justice Ruth Bader Ginsburg recuse herself from ruling on President Trump’s travel ban case before the Supreme Court hears arguments in October, saying she’s already shown she can’t be an impartial jurist when it comes to Mr. Trump.
More than 50 House Republicans this week fired off a letter saying that creates a situation where her “impartiality might reasonably be questioned” — the standard laid out in law for a justice to drop out of a case.
“You are bound by law to recuse yourself from participation in this case,” said the Republicans, led by Rep. Ron DeSantis, Florida Republican.
Ginsburg did take part in the decision this week to hear the case and allow parts of the ban to take effect in which all justices agreed.
The case doesn’t begin until October of this year so Ginsburg has plenty of time to decide how she wants to handle this. It would most likely be in the best interest of the court if she did recuse herself. Her political beliefs and public behavior towards a sitting president shouldn’t tarnish the court’s reputation more than it already is for having activist judges on the bench.
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