Other judges might follow Ruth Bader Ginsburg’s lead on speaking out against Trump
Jul 14, 2016, 1:55 PM
Taken from Thursday morning’s edition of Seattle’s Morning News.
It was pretty surprising to read in The New York Times editorial pages that they are basically scolding Ruth Bader Ginsburg for saying in an interview that she fears what would happen to US if Trump got elected because, traditionally, Supreme Court justices are not supposed to dabble in presidential politics.
It’s entirely possible they will be forced to rule on some sort of case involving an election. Is it appropriate or not?
Related: Clinton gets Sanders to buy into her campaign on Prime Day
Former Attorney General Rob McKenna: Not only was I surprised that she would come in and criticize a candidate for president, but when challenged over it, she would do it again. She said she would do what she wants and doubled down on the criticism. The issue isn’t whether or not Trump is worthy of criticism. It’s whether or not a Supreme Court justice should weigh in on presidential politics.
Dave Ross: When she was asked about it, she said I can’t imagine what the country would be like with Trump as president. Then when asked about it she called him a faker and said he had a big ego.
McKenna: She may be at a point in her life where she feels she can speak her mind. The issue is whether she should publicly express political opinion. She is an appointee of the highest court in the land. The judiciary should not engage in partisan politics. There is code of conduct that says a sitting federal judge should not support, or oppose, a candidate for office. And that’s for good reason because we need everyone to have faith and confidence in federal court system and that they are reliable and rule based on law.
Dave: Trump came back and said basically her mind is shot and she should resign. He’s received little criticism.
If I win the Presidency, we will swamp Justice Ginsburg with real judges and real legal opinions!
— Donald J. Trump (@realDonaldTrump) July 13, 2016
McKenna: There’s a lot more at stake than distaste for Trump. What’s at stake is the reputation of federal judiciary. It already took a hit when Antonin Scalia died and it became clear how political the appointment process would be. People are worried about slippery slope. Now other judges might feel they have the right to speak out as well. We don’t want this to become a trend. But now if you’re a judge elsewhere you can say, well, Ruth Bader Ginsburg did it.
Dave: So Ruth Bader Ginsburg needs to take it back and say this is the last time?
McKenna: That’s what she should do, yes. Instead, she’s done even more of it. I’m at a loss of what she should do. It raises question about her judgement in this regard.
-
Tune in to KIRO Newsradio weekdays at 5am for Dave Ross on Seattle's Morning News.
