Justice Ginsburg is right about Trump - but she still shouldn't have talked
Thomson Reuters
But just because it's true doesn't mean a Supreme Court justice should say it out loud.
The idea that the Supreme Court is above politics is a fiction, but it is a useful fiction that (ideally) helps give judicial decisions legitimacy in the eyes of the public, and therefore helps people to accept the law even when they disagree with it.
The preservation of that public impression is, of course, dependent on responsible actions from the court (a measure that is unfortunately subject to disagreements over which actions are "responsible"), but it's also dependent on the justices reserving judgment where possible.
That is, there are a lot of controversies the justices don't need to offer commentary on as part of doing their jobs, and it's especially unnecessary for them to offer election punditry - because our country already has far more than enough of that.
Mark Joseph Stern writes in Slate that Ginsburg knows this, and the fact that she spoke out about Trump anyway signals that she "has decided to sacrifice some of her prestige in order to send as clear a warning signal about Trump as she possibly can."
Maybe this is her calculation. But if so, it's not a very good one. Where is the upside?
Bush v. Gore did a lot to damage the court's legitimacy in the eyes of liberals, but at least the majority justices got a Republican administration out of it. In this case, there is no plausible gain for Ginsburg's side. What voter, not already bothered by Trump's evident unfitness for the presidency, is going to be moved by her comments?
What the comments have done is give Trump a valid complaint that a liberal Supreme Court justice is criticizing him in a way that violates the court's norms. And that would create pressure for her to recuse herself on cases related to him or his administration.
I have felt vaguely uncomfortable about the personality cult that has formed around Ginsburg over the last couple of years (including, in the most alarming case, a tattoo of her face), but until this week I couldn't quite put my finger on why it bothered me. Now I've got it: Ginsburg's fans are championing her in a way that is typical of a political figure, which she is, but which we're supposed to pretend she isn't.
These are undignified times, and having Donald Trump as a major party presidential nominee is an undignified position for our country. But plenty of people are already pointing that out. The best thing judges can do to preserve what dignity we have left is to maintain a reserved distance from the campaign and do their best to pretend they are above it all.
This is an editorial. The opinions and conclusions expressed above are those of the author.
- I spent $2,000 for 7 nights in a 179-square-foot room on one of the world's largest cruise ships. Take a look inside my cabin.
- Colon cancer rates are rising in young people. If you have two symptoms you should get a colonoscopy, a GI oncologist says.
- Saudi Arabia wants China to help fund its struggling $500 billion Neom megaproject. Investors may not be too excited.
- Catan adds climate change to the latest edition of the world-famous board game
- Tired of blatant misinformation in the media? This video game can help you and your family fight fake news!
- Tired of blatant misinformation in the media? This video game can help you and your family fight fake news!
- JNK India IPO allotment – How to check allotment, GMP, listing date and more
- Indian Army unveils selfie point at Hombotingla Pass ahead of 25th anniversary of Kargil Vijay Diwas
- JNK India IPO allotment date
- JioCinema New Plans
- Realme Narzo 70 Launched
- Apple Let Loose event
- Elon Musk Apology
- RIL cash flows
- Charlie Munger
- Feedbank IPO allotment
- Tata IPO allotment
- Most generous retirement plans
- Broadcom lays off
- Cibil Score vs Cibil Report
- Birla and Bajaj in top Richest
- Nestle Sept 2023 report
- India Equity Market