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Wednesday, July 13, 2016

Ginsburg Takes Sides in the Election

I have long been a critic of the Supreme Court justices engaging in public appearances where they hold forth on contemporary issues and even pending matters before the Court. I have been particularly critical of the late Justice Antonin Scalia and Associated Justice Ruth Bader Ginsburg who clearly relished appearances before ideologically supportive groups. I have called this trend the “rise of the celebrity justice.” Now, Justice Ginsburg has started another firestorm over public comments where she joked that she would move to New Zealand if Donald Trump is elected. Canon 5 of the judicial ethical rules expressly states that judges shall not “make speeches for a political organization or candidate, or publicly endorse or oppose a candidate for public office.” The problem is that the Court has long maintained that ethical codes are not enforceable against its members as opposed to every other jurist in the country. This absurd position has continued because Congress has failed to act, something that I have previously criticized. Ginsburg’s statements this week reflects the continued sense of impunity enjoyed by justices who violate the core maxim that “no man shall be the judge of his own case.” The justices are the judges of their own ethical cases and they show vividly why that is a dangerous and corrupting power.