http://www.cnn.com/2016/07/14/politics/ruth-bader-ginsburg-i-regret-
making-donald-trump-remarks/
(CNN)Supreme Court Justice Ruth Bader Ginsburg said Thursday she regrets
remarks she made earlier this week to CNN and other news outlets
criticizing presumptive Republican presidential nominee Donald Trump.
"On reflection, my recent remarks in response to press inquiries were ill-
advised and I regret making them," Ginsburg said in a statement. "Judges
should avoid commenting on a candidate for public office. In the future I
will be more circumspect."
Hours after releasing the statement Ginsburg talked exclusively to NPR's
Nina Totenberg, and expanded upon her statement. She called her comments
"incautious."
"I did something I should not have done," she added. "It's over and done
with and I don't want to discuss it anymore."
Earlier in the week, in an interview with Joan Biskupic, CNN's legal
analyst and Supreme Court biographer, Ginsburg had extensively criticized
Trump as a" faker. "
Her comments enraged Trump and leading congressional Republicans, and
thrust the 83-year-old justice into the middle of the heated presidential
campaign.
Ginsburg's remarks to CNN as well as to the Associated Press and The New
York Times created a highly unusual week at the Supreme Court. Not only
was it unprecedented for a member of the current court to delve so deeply
into a presidential campaign, but a statement expressing regret is also
quite rare.
"He is a faker," she told CNN, going point by point, as if presenting a
legal brief. "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? The press seems to be very gentle
with him on that."
Justice Stephen Breyer was asked about her comments Wednesday and
according to the event organizers at the Sun Valley Writer's Conference he
declined to comment saying, "If I had an opinion, I wouldn't express it."
Trump called on Ginsburg to resign Wednesday, joining an outpouring of
criticism that is giving a divided Republican Party a fresh common target.
"Justice Ginsburg of the U.S. Supreme Court has embarrassed all by making
very dumb political statements about me. Her mind is shot - resign!" Trump
tweeted.
Despite the statement, Trump will likely continue to use the comments to
help excite the base and warn about the liberal leanings of the court and
danger of a President Hillary Clinton adding more liberals to the bench
should she win the White House.
Ginsburg's criticism had caused controversy not only in political circles
but also among legal ethicists who suggested Wednesday that if the current
election were ever to come down to a Bush v. Gore-like challenge, Ginsburg
would have to recuse herself.
"A federal law requires all federal judges, including the justices, to
recuse themselves if their 'impartiality might reasonably be questioned',"
said Stephen Gillers, a legal ethicist at New York University School of
Law. "Under this test, Justice Ginsburg's remarks would prevent her from
sitting in the unlikely event of a 'Clinton v. Trump' case that determines
the next president."
Biskupic said she believes the statement was a response to the criticism
from across the ideological spectrum.
"[S]he couldn't help but be surprised by what's happened in the last 72
hours with so much second-guessing from even folks who are her fans on the
left," Biskupic said on CNN's "At This Hour" on Thursday morning. "I think
she felt like it was important for her to clear the air. I think she felt
like she wanted to acknowledge that she made a mistake instead of just
waiting to hope that the issue would die down."
"Justice Ginsburg did the right thing by returning to a position of
electoral neutrality," said Steven Lubet of Northewestern Pritzker School
of Law. " That was good for both the Court and the political system," he
said.
Former Ginsburg law clerk David Post said he has not spoken with her about
the statement but told CNN, "I take it at face value. It was ill-advised,
I think she-- for some reason -- stepped over the line."
"Nobody was really backing her up, and a lot of people, including allies
,were saying 'whoa what is she doing?'" added Post, a legal scholar and
former Temple University law professor. "I think she came to realize very
quickly, she made a mistake. The best thing to do is don't let this
fester, don't let Trump make a mountain out of this molehill. Don't let
the new social media new cycle spin this into a major catastrophic
blunder. Just get out in front of it and say 'I spoke out of turn.'"
Congressional leaders were quick to blast Ginsburg's comment as
inappropriate.
"I find it very peculiar, and I think it's out of place," House Speaker
Paul Ryan told CNN's Jake Tapper during a CNN town hall Tuesday night.
"For someone on the Supreme Court who is going to be calling balls and
strikes in the future based upon whatever the next president and Congress
does, that strikes me as inherently biased and out of the realm."
Ginsburg was appointed to the high court by President Bill Clinton in
1993, and is now the senior member of the liberal wing and leading voice
countering conservative Chief Justice Roberts. She has drawn a cult-like
following among young people who have nicknamed her The Notorious R.B.G.,
a play on American rapper The Notorious B.I.G.
The 83-year-old Ginsburg has a busy summer of travel ahead of her. In the
coming days she will travel to Europe and on July 27 she is expected to
take part in a program with performers of a production of the Merchant of
Venice which will take place in Venice, Italy.
Later in August she will provide commentary for an Opera festival in
Cooperstown, New York.
Chief Justice John Roberts has been critical in public about the rancor
between the political branches, and in a speech in 2014 at the University
of Nebraska expressed concern that the discord impeded their ability to
carry out their functions.
"I don't want it to spill over and affect us," he said.
"That's not the way we do business. We are not Democrats and Republicans,"
he said. "In nine years I've never seen any sort of political issue like
that arise between us. "
--
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Obama increased total debt from $10 trillion to $19 trillion in the seven
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Barack Obama, reelected by the dumbest voters in the history of the United
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