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How can Ginsburg participate in Travel Order case after her campaign statements about Trump?
Legal Insurrection ^ | Friday, June 2, 2017 | Posted by William A. Jacobson

Posted on 06/05/2017 8:01:31 AM PDT by Behind Liberal Lines

This case, unlike other more mundane cases involving Trump policies that may come before the court, clearly places Donald Trump’s words, personality and credibility in issue.

One of the Justices already has expressed a view on Trump’s credibility. In July 2016, Justice Ruth Bader Ginbsburg was quoted in a CNN interview deriding Trump as “a faker”....

Justice Ginsburg made two other negative public statements about Trump during the campaign...

Justice Ginsburg’s negative comments about Trump, though less direct, continued after inauguration....

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.

Justice Ginsburg cannot be removed from the case. The judicial code cited by the Washington Post editorial doesn’t apply to Supreme Court Justices. She would have to recuse herself voluntarily.

(Excerpt) Read more at legalinsurrection.com ...


TOPICS: Editorial; Government; Politics/Elections; War on Terror
KEYWORDS: conflict; ginsberg; ruthbuzzy; travelban; trump
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1 posted on 06/05/2017 8:01:32 AM PDT by Behind Liberal Lines
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To: Behind Liberal Lines
How can Ginsburg participate in Travel Order case after her campaign statements about Trump?

She's a progressive. Next question...

2 posted on 06/05/2017 8:03:35 AM PDT by chajin ("There is no other name under heaven given among people by which we must be saved." Acts 4:12)
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To: Behind Liberal Lines

How can the homosexuals on the court participate in any “gay” rights issues?


3 posted on 06/05/2017 8:03:43 AM PDT by JimRed ( TERM LIMITS, NOW! Building the Wall! TRUTH is the new HATE SPEECH.)
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To: Behind Liberal Lines

#biasedGinsburgMUSTRESIGN


4 posted on 06/05/2017 8:05:36 AM PDT by Diogenesis ("When a crime is unpunished, the world is unbalanced.")
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To: Behind Liberal Lines

She can and therefore she will. Ginsy recuse herself? Not a chance.


5 posted on 06/05/2017 8:08:29 AM PDT by luvbach1 (I hope Trump runs roughshod over the inevitable obstuctionists, Dems, progs, libs, or RINOs!)
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To: Behind Liberal Lines

She should not. But if she does, not much anyone can do about it.


6 posted on 06/05/2017 8:10:22 AM PDT by Reno89519 (Drain the Swamp is not party specific. Lyn' Ted is still a liar, Good riddance to him.)
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To: Behind Liberal Lines

Libs never back down, they just keep on plowing through because they are confident no one will stop them. And they are rarely wrong.


7 posted on 06/05/2017 8:10:28 AM PDT by GnuThere
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To: chajin

Coercive. There is nothing progressive about so-called “Progressives”.


8 posted on 06/05/2017 8:16:34 AM PDT by rightwingcrazy (rightwingcrazy)
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To: Behind Liberal Lines

Bolsheviks recognize no principle other than revolution.


9 posted on 06/05/2017 8:23:46 AM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: Behind Liberal Lines

Assume the vote is 5 to 4 and Trump wins. A Ginsburg recusal would not affect the outcome.

Assume the vote is 5 to 4 and Trump loses. A Ginsburg recusal would yield a 4 to 4 decision and the lower court ruling would stand. Trump would still lose.

Bottom line: Why are we wringing our hands about a Ginsburg recusal.


10 posted on 06/05/2017 8:23:54 AM PDT by InterceptPoint (Ted, you finally endorsed. About time.)
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To: InterceptPoint

Last sentence of the article, if you want to save time....

“I don’t expect Justice Ginsburg to recuse herself. But her *campaign* comments about Trump’s campaign look even worse in hindsight.”


11 posted on 06/05/2017 8:28:41 AM PDT by faucetman (Just the facts, ma'am, Just the facts)
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To: InterceptPoint

Last sentence of the article, if you want to save time....

“I don’t expect Justice Ginsburg to recuse herself. But her *campaign* comments about Trump’s campaign look even worse in hindsight.”


12 posted on 06/05/2017 8:28:42 AM PDT by faucetman (Just the facts, ma'am, Just the facts)
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To: chajin

I expect a 5-4 decision on the travel order with Ginsburg and theother usual three liberal suspects being in the minority.


13 posted on 06/05/2017 8:28:57 AM PDT by AlphaOneAlpha
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To: Behind Liberal Lines

Should Ginsberg recuse herself? Yes, by the standards that the Ninth Circuit was applying to Trump

Is it likely that Ginsberg will recuse herself in a case which has heavy ideological implications? Unlikely.


14 posted on 06/05/2017 8:29:11 AM PDT by PapaBear3625 (Big government is attractive to those who think that THEY will be in control of it.)
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To: luvbach1

“She can and therefore she will. Ginsy recuse herself? Not a chance.”

I’m waiting for The Grim Reaper to “recuse” her permanently!


15 posted on 06/05/2017 8:30:09 AM PDT by vette6387
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To: Behind Liberal Lines

Can Sessions unrecuse himself? If so then it should be made known that if Ginsburg does not recuse herself than that’s exactly what he will do!


16 posted on 06/05/2017 8:33:20 AM PDT by zencycler
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To: Behind Liberal Lines

Nothing in the Constitution or federal law establishes any terms or mandate for Supreme Court judges to recuse themselves on any matter. Some few have on occasion, by choice, not that they were required to.

Ethically Ginsburg should recuse herself. Legally she is not required to.


17 posted on 06/05/2017 8:36:09 AM PDT by Wuli
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To: Wuli

I would be SHOCKED if she recused herself.

Her vanity and hubris is why Obama didn’t get to pick her successor. I laugh every time I think about it.

That said, there must be some redeeming qualities. Scalia liked her.


18 posted on 06/05/2017 8:47:40 AM PDT by RummyChick (can we switch Don,Jr for Prince Kush and his flak jacket. From Yacht Party to Warzone ready to wear.)
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To: Wuli

Yeah, that’s pretty exactly what the last sentence I posted from the article says.


19 posted on 06/05/2017 8:52:52 AM PDT by Behind Liberal Lines (Their side circles the wagons. Our side revs up the bus.)
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To: Behind Liberal Lines

Perhaps Justice Ginsburg should recuse herself from all decisions involving litigation regarding Trump and his administration?


20 posted on 06/05/2017 9:18:58 AM PDT by Doc91678 (Doc91678)
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