It’s been a landmark week for the Supreme Court and it’s only Hump Day.
The week began with a victory for the Trump administration, a victory for religious liberty and rumors of a possible retirement by Justice Kennedy. And now comes the escalation of the fight over Trump’s travel ban to be heard in October.
Earlier this month we reported on calls for liberal Justice Ruth Bader Ginsburg to recuse herself from the case given her very vocal opposition to President Trump.
And with the case scheduled for hearing, those calls are coming directly from dozens of congressmen — 58 to be exact — in a signed letter demanding she recuse.
She likely won’t…then again may just throw her hands up and retire. It’ll be interesting either way.
Here’s more from Redstate…
At the beginning of the month, I posted on an interesting articleby Dr. William Jacobson, a Cornell Law professor who runs Legal Insurrection, asking how, given Justice Ruth Bader Ginsburg’s numerous comments critical of President Trump, like speculating she and her husband might move to New Zealand if he were elected, could possibly rule on the Trump “travel ban” executive order. His reasoning is that if the 4th Circuit is permitted to use Trump’s campaign rhetoric to attack a facially legal policy, then the same standard must be used on Ginsburg:
In a case in which Trump’s campaign comments are front and center, how can Ginsburg hear a case in which she has complained publicly about Trump and Trump’s campaign?
This is not a situation where a Justice merely is presumed to have political leanings (don’t they all?), or is affiliated with one political party more than another. Justice Ginsburg has publicly questioned Trump’s credibility, and that credibility is an issue in the case as it presents itself in the 4th Circuit decision from which review is sought.
Now 58 members of the House of Representatives have sent her a letter demanding that she recuse herself from hearing the travel ban case.