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“Outraged About Ginsburg’s Comments?”: Supreme Court Justices Have Always Voiced Political Opinions

Donald Trump is freaking out over statements made by Supreme Court Justice Ruth Bader Ginsburg.

Ginsburg didn’t hold back during a New York Times interview published Monday. “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.

Trump, naturally, hopped on Twitter to complain.

Justice Ginsburg of the U.S. Supreme Court has embarrassed all by making very dumb political statements about me. Her mind is shot – resign!

— Donald J. Trump (@realDonaldTrump) July 13, 2016

Speaker of the House Paul Ryan called Ginsburg’s comments “out of place” during a CNN Town Hall on Tuesday.

But even after a wave of criticism, including from “liberal” outlets, Ginsburg refused to walk back her comments. On Monday, she called Trump a “faker.”

“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,” she said in her chambers.

The backlash over Ginsburg’s comments is not surprising, given Trump’s history of trying to de-legitimize the judicial system (especially when it applies to him). But his argument that Ginsburg’s comments disqualifies her from being an unbiased judge is a weak one: The ideological leanings of the justices are well known by not only their decisions (its kind of their job to give opinions), but also their public statements.

Unlike Ginsburg’s comments about Trump, justices have made plenty of statements in the past that relate directly to cases before them in the court.

Antonin Scalia was the poster boy for this behavior – the conservative legal icon frequently toured between law schools, book stores, and other gatherings, debating all comers on a wide range of topics. We knew how he felt about the death penalty, abortion and homosexuality:

“The death penalty? Give me a break. It’s easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state.” he said in 2012.

“What minorities deserve protection? What? It’s up to me to identify deserving minorities? What about pederasts? What about child abusers? This is a deserving minority. Nobody loves them.” he said in 2015.

Scalia’s defense of his homophobic remarks could easily be used to defend Ginsburg’s Trump comments — not that Ginsburg would use his argument, despite her storied, decades-long friendship with Scalia.

“If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?” Scalia said in 2012 after a gay Princeton student asked him why he equated laws banning sodomy with laws that ban man-on-animal sex and murder.

Ginsburg herself has long been known for her frankness. Joan Biskupic, the journalist who reported Ginsburg’s statements on Trump, writes that, having met with her “on a regular basis for more than a decade,” she “found her response classic.”

Biskupic elaborates:

I have witnessed her off-bench bluntness many times through the years.  During 2009 oral arguments in a case involving a 13-year-old Arizona girl who had been strip-searched by school administrators looking for drugs, she was troubled that some male justices played down any harm to the student. “They have never been a 13-year-old girl,” Ginsburg told me. “It’s a very sensitive age for a girl. I didn’t think that my colleagues, some of them, quite understood.”

Earlier in 2009, she was being treated for pancreatic cancer yet made sure to attend President Barack Obama’s televised speech to a joint session of Congress, explaining that she wanted people to know the Supreme Court was not all men. “I also wanted them to see I was alive and well, contrary to that senator who said I’d be dead within nine months.” She was referring to Sen. Jim Bunning, a Kentucky Republican, who had said she would likely die within nine months from the pancreatic cancer. Bunning later apologized.

As the first Latina to reach the court, Justice Sonya Sotomayor fiercely defends her use of personal political reflection, based in experiences that she believes differ from those of the other justices, in her arguments. The issue of affirmative action is especially important to Sotomayor. In her 2013 memoir, she wrote:

“Much has changed since those early days when it opened doors in my life. But one thing has not changed: to doubt the worth of minority students’ achievement when they succeed is really only to present another face of the prejudice that would deny them a chance even to try.”

Sotomayor has taken this sentiment to the court. In her dissent on Schuette v. Coalition to Defend Affirmative Action, she wrote: “Race matters to a young woman’s sense of self when she states her hometown, and then is pressed, ‘No where are you really from?’”

Sotomayor’s opinion in a fourth amendment case on the validity of police stops was an explicitly political appeal. “It is no secret that people of color are disproportionate victims of this type of scrutiny,” she wrote in her dissent, on a case where a Utah man claimed he was unlawfully stopped by police. “For generations, black and brown parents have given their children ‘the talk’ — instructing them never to run down the street; always keep your hands where they can be seen; do not even think of talking back to a stranger — all out of fear of how an officer with a gun will react to them.”

And besides: The Constitution does not prohibit Supreme Court Justices from expressing personal opinions.

Bloomberg‘s Noah Feldman offers Chief Justice John Marshall, who served as John Adams’s secretary of state while he was a chief justice, as proof that America’s founding generation was not “obsessed with the idea that justices have to be outside the reach of politics.”

Marshall, a loyalist of the Federalist Party, was understood to retain his beliefs while serving as chief justice subsequently.

Two of his most revered opinions, Marbury v. Madison and McCulloch v. Maryland, are historically incomprehensible except through the lens of partisan politics. In the first, he went to great lengths to embarrass the Jefferson administration by insisting that Marbury had a right to a justice-of-the-peace commission granted by Adams, before tacking back and holding that the law that would have allowed the court to force the delivery of the commission was unconstitutional.

In the second, he upheld the constitutionality of the Bank of the United States, originally such a fundamental partisan issue that it helped drive the creation of his Federalist and Jefferson’s Democratic-Republican parties.

Maybe conservatives shouldn’t argue about the integrity of the Court while in their fourth month of refusing to give it a ninth justice.

 

By: Germania Rodriguez, The National Memo, July 13, 2016

July 14, 2016 Posted by | Conservatives, Ruth Bader Ginsburg, SCOTUS | , , , , , , , | Leave a comment

“How Radical Becomes Normal”: The Fight Over Unemployment Benefits Underscores The Right’s Extremism

So this is showdown week in Congress for extension of unemployment benefits. Frankly, it looks bleak. No, it’s not that the public is against it. In fact far from it—58 percent support the extension in a new poll. But as I’ve written a kajillion times these last few years, it unfortunately doesn’t much matter what the people think. Republicans in Congress care only about the views of the more radical half of their party. And in that same poll, Republicans opposed the extension 54-42.

As long as that remains the case (and there’s no reason it’s likely to change), “UI,” as they call it on the Hill, seems a heavy lift. Republicans are insisting on cuts from elsewhere in the federal budget to pay for the benefits’ $6.4 billion cost. And Democrats are talking with them. But there’s no progress yet. In fact, it seems today that even the six Republicans who voted in the Senate last week to allow debate to proceed would not vote to extend the benefits just yet.

But let’s take a step back here, because introducing a little bit of historical context shows just how extreme the Republicans’ position is, and it shows us how, over time, what used to be crazy-radical becomes normal with the people.

When George W. Bush was president, noted Labor Secretary Thomas Perez on Jim Lehrer’s PBS show last week, unemployment benefits were extended five times, “no strings attached any of those times.” So as long as it was a Republican president under whom their constituents were out of work, they were happy to vote to extend the benefits. The last extension under Bush, in late 2008, passed 368-28 in the House of Representatives. Remember, this was with no “pay-fors,” in the argot. This vote took place a month before Election Day, which may have partly motivated 142 Republicans to vote for it with only the real hard-shellers going against it.

Now let’s move forward to 2010. We have a new president from a different party. The economy is struggling. The Republicans of course haven’t exactly been supportive of Barack Obama’s agenda, but on this one, they’re ready to agree. All but one. Jim Bunning, then a GOP senator from Kentucky, insisted that he wasn’t against extending such benefits, but he was against increasing the deficit by a few billion bucks.

But even then, the Senate GOP leadership wasn’t with Bunning. I remember that time well. Bunning had a few defenders among his colleagues, but basically, his position was seen as extreme by Democrats and even many or possibly most Republicans. Bunning finally got the message after a couple of weeks of antics—which included him whining that his noble filibuster against helping the nation’s jobless was preventing him from watching an important Kentucky Wildcats basketball game—and relented.

But what was considered extreme and nutty then is standard operating procedure today. A key development here was Rand Paul saying a couple of weeks ago that benefits beyond 26 weeks just make people lazy. That unleashed the right-wing id. In addition to that, of course, there’s the standing GOP House opposition to anything with Obama’s name on it. And this is how radical becomes normal.

Friday, I was at a meeting with a group of House Democratic lawmakers. They offered a few ideas about how they might get Republicans to agree. John Garamendi of California talked about a few billion being spent on a program in Afghanistan that he thought the GOP might play ball on. There were a few other notions, but none of them, I noticed, bruited with much confidence that they’d actually get anywhere.

Several echoed Connecticut’s Rosa DeLauro in saying that they just have to win the battle in the court of public opinion. “These are Americans’ stories,” DeLauro said. “When people hear them, they’re moved.” There’s no doubt that that’s true. But it was true of gun safety, and it was true of immigration reform, and numerous other things.

I don’t know if the Democrats can win this on the floor. Maybe the horrible jobs report from December helps a little, maybe not. But since public opinion is already on their side, they can at least take this issue and make it hurt Republicans in states with high unemployment or Republicans who are singing a different tune than they did in 2010, a list that starts with Mitch McConnell, who agreed to the 2010 extension and is now going around saying that if Democrats want UI benefits extended, they’d have to agree to a one-year delay in the individual mandate under Obamacare.

And if Democrats win, great. But it looks like they’ll only win by agreeing to the pay-for demand, which means that there’ll be new demands next time. There’s no end to how far right these people will go.

 

By: Michael Tomasky, The Daily Beast, January 13, 2014

January 14, 2014 Posted by | Republicans, Unemployment Benefits | , , , , , , , | Leave a comment

   

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