Demand Ruth Bader Ginsburg recuse herself from the upcoming 'travel ban' case.
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During the 2016 presidential campaign, Justice Ginsburg made numerous disparaging and personal remarks against then-candidate Donald Trump. Such overtly political statements are nearly unheard of from a Supreme Court justice, particularly when they're directed so pointedly at one candidate, as justice Ginsburg's were.
Now the supreme court is facing a major case which deals with fundamental issues of presidential power and judicial oversight brought on by President Trump's so-called 'travel ban' executive orders, which have been ruled unconstitutional by federal appellate courts. In these lower court decisions, campaign rhetoric during the 2016 election was cited as a primary driver of the court decisions against the orders.
This is an unprecedented legal rationale, and one which the Supreme Court will have to rule on. However, Justice Ginsburg's insertion of her own political views into the 2016 campaign, and her pointed criticisms of Donald Trump the candidate, now renders her hopelessly prejudiced against Donald Trump the president today.
Particularly regarding a case such as this, which will hinge so directly on campaign rhetoric -- rhetoric she actively participated in -- it would be completely improper for Justice Ginsburg to participate, and likewise impossible for the Trump/DOJ arguments to expect a fair hearing from her.
Just as our attorney general Jeff Sessions and Representative Devin Nunes have recused themselves from cases which could reasonably be considered a conflict of interest, so must Justice Ginsburg recuse herself from this case.
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