December 12, 2017

WELL, YES: Justice Ginsburg has some explaining to do.

This is Chapman University’s Ronald Rotunda for WaPo:

We already know what Ginsburg thinks of the president. She told us more than a year ago that she “can’t imagine what the country would be . . . with Donald Trump as our president.” Facing criticism for her apparent endorsement of Hillary Clinton and her attacks on Trump, Ginsburg doubled down, emphasizing in a CNN interview: “He is a faker.” She then went on “point by point, as if presenting a legal brief,” the CNN analyst said.

Her statements are particularly troubling in the context of the travel ban case, in which the crucial issue — at least, according to the lower courts and the plaintiffs — is the personal credibility of Trump and whether he delivered his executive order in good faith — in other words, whether he is faking it. It’s no wonder 58 House Republicans sent Ginsburg a letter calling for her recusal because of her comments before the election.

Given these facts, Ginsburg should heed her critics — either by recusing herself from the case or explaining to the public why she will not.

Ginsburg is the most nakedly partisan SCOTUS justice in my adult lifetime, and after nearly 25 years on the bench, no one should expect her to change one bit.

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