President Donald Trump had a massive win for his “travel ban” when the Supreme Court decided to allow most of it to go into effect while they take up the issue. Now, Republicans in the House of Representatives are demanding Justice Ruth Bader Ginsberg recuse herself from ruling on the travel ban, due to her public comments.
The letter argues that Ginsburg is bound by law to recuse herself in cases where she has a “personal bias or prejudice concerning a party” or from cases where her “impartiality might reasonably be questioned.” The congressmen argue that the justice publicly evinced prejudice towards the president in a series of interviews given at the conclusion of the 2016 term, in which she called the president a “faker” and mused about moving to New Zealand if he prevailed in the general election.
“You are bound by law to recuse yourself from participation in this case,” the congressmen write. “There is no doubt that your impartiality can be reasonably questioned; indeed, it would be unreasonable not to question your impartiality. Your participation in Trump v. International Refugee Assistance Project would violate the law and undermine the credibility of the Supreme Court of the United States.”
The letter lists quotes from Ginsburg’s interviews while approaching the 2016 election, in which she publicly insulted Trump as a “faker” and promised to leave the country if he wins.
The justice offered candid assessments of the president in a series of interviews beginning in a July 2016 interview with Adam Liptak of The New York Times.
“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 said.
She went on to double down on her remarks.
“He is a faker,” she told CNN’s Joan Biskupic. “He has no consistency about him. He says whatever comes into his head at the moment.”
It’s clear that Ginsburg has a strongly biased disdain for Trump, and there’s no conceivable way Ginsburg could fairly hear the travel ban lawsuit. Supreme Court justices routinely recuse themselves from cases when they have various conflicting interests. And it’s time for Ginsberg to step aside from ruling on the travel ban.
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