One of the country’s most notoriously outspoken “anti-Trumpers,” Supreme Court Justice Ruth Bader Ginsburg is on the receiving end of a massive attack by House Republicans who are demanding that “by law,” Ginsburg should recuse herself from hearing arguments about President Donald Trump’s travel ban when the court opens in the fall.
On Monday, according to The Independent Journal Review, Republicans in the House sent a letter to Justice Ginsburg stating, “We write to request that you recuse yourself from participation in Trump v. International Refugee Assistant Project.”
The letter went on to state that due to the letter of the federal law that governs judicial disqualifications — 28 U.S.C. 455 — “you are required to recuse yourself in cases in which your ‘impartiality might be reasonably questioned’ and where you have a ‘personal bias or prejudice concerning a party.’”
Justice Ginsburg has come under fire many times for the rhetoric in which she speaks about Trump. During the campaign trail, Ginsburg referred to the then-Republican nominee as a “faker.”
According to Politifact, during that exchange Justice Ginsburg berated Trump further saying, “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?”
Even though Ginsburg apologized for her comments, she couldn’t keep her mouth shut about the man she thought could never be president, though she tried to conceal t in future discussions.
In February, The Washington Post reported on an interview Justice Ginsburg participated in with BBC’s “Newsnight,” in which she stated, “We’re not experiencing the best of times.”
She did not mention Trump directly but instead said that the Women’s March and other protests were a sign that “we will see a better day.” She elaborated further saying, “A great man once said that the true symbol of the United States is not the bald eagle; it is the pendulum, and when the pendulum swings too far in one direction, it will go back.”
Now that pendulum has taken its swing at Justice Ginsburg, and the House GOP is right in asking her to recuse herself from the upcoming hearing. This is not opinion, as shown by their letter, this is mandated by law.
“Given your repeated public criticism of both candidate and President Trump, the statute is triggered and your recusal in Trump v. International Refugee Assistant Project, is required by law,” the letter declared.
“There is no doubt that your impartiality can be reasonably questioned; indeed, it would be unreasonable not to question your impartiality. Failure to recuse yourself from any such case would violate the law and undermine the credibility of the Supreme Court of the United States,” the letter concluded.
It was was accompanied by four pages of signatures from House Representatives.
Of course, the letter assumes Ginsburg actually respects the letter of the law. Almost a quarter-century of her liberal opinions from the nation’s highest court should have gotten rid of that idea by now.
Truthfully, it’s time for her to step-down.
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