The Case for Ginsburg to Recuse Herself Unlike Sotomayor, she has shown bias against Trump by publicly characterizing him as unfit for office. By Michael J. Broyde

Posted By on March 5th, 2020

https://www.wsj.com/articles/the-case-for-ginsburg-to-recuse-herself-11583367515?mod=opinion_lead_pos6

President Trump recently lashed out at Justices Sonia Sotomayor and Ruth Bader Ginsburg. “Both should recuse themselves on all Trump, or Trump related, matters!” he tweeted. He’s wrong about Justice Sotomayor but has a point about Justice Ginsburg.

In a lone opinion dissenting from the court’s order in Wolf v. Cook County, Justice Sotomayor said she wouldn’t stay a lower court’s injunction against a Trump immigration policy. “Claiming one emergency after another,” she wrote, “the Government has recently sought stays in an unprecedented number of cases, demanding immediate attention and consuming limited Court resources in each.” (Three other justices dissented without issuing opinions.)

Justice Sotomayor’s opinion doesn’t disparage Mr. Trump. She criticizes the government’s position, but she’s harsher on her colleagues in the majority, writing that their “recent behavior on stay applications has benefited one litigant over all others.” Mr. Trump is the one personalizing a legal dispute, and it would pervert justice if litigants could force judges to remove themselves from cases simply by denouncing them publicly.

Justice Ginsburg is a different case. In public interviews in 2016 she called Candidate Trump a “faker” and said: “I can’t imagine what this place would be—I can’t imagine what the country would be—with Donald Trump as our president.” She even mused about fleeing the country: “‘Now it’s time for us to move to New Zealand.” She apologized—kind of: “Judges should avoid commenting on a candidate for public office.” She admitted her remarks were “ill advised,” and that “in the future I will be more circumspect.”
Categorized under: NATIONAL NEWS & OPINION.
Tagged with: no tags.

Comments are closed.