I have long criticized Supreme Court Justice Ruth Bader Ginsburg for making comments on political issues to liberal and academic groups. While not unique on the Court in what I have called the era of “celebrity justices”, Ginsburg is something of recidivist in abandoning the long-standing avoidance of political discussions by justices as well as issues that are likely to come before the Court. Despite repeated controversies in speaking publicly on political issues, Ginsburg is clearly undeterred. This week, Ginsburg tripped both wires in discussing a matter in litigation and heading toward the Court while encouraging what would be a political campaign for a new constitutional amendment. As we have discussed, there is currently litigation over whether the Equal Rights Amendment was ratified by the recent vote in Virginia. Ginsburg did not wait for the appeal and announced that the ERA is dead. She then called for a new ERA movement. Both statements were inappropriate, but the statement on the status of the amendment was wildly at odds with standards of judicial restraint and ethics.
Continue reading “Ginsburg Declares ERA Dead And Calls For New Campaign”
Below is my column in the Washington Post on the real possibility that the Supreme Court could be pulled into the Senate impeachment trial if witnesses are allowed. If you hated Bush v. Gore, this could be one sequel that you will not want to see. Certainly few on the Court are eager to play a role in the possible removal of an American president.
I have the pleasure of speaking at the National Press Club on Thursday about the use of the 25th Amendment to remove an American President. In light of my debate on Monday in Dallas on the standard of impeachment with CNN’s Jeff Toobin, there certainly does seem a theme, or at least a focus, in these events after the midterm elections.