The Volokh Conspiracy

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Volokh Conspiracy

Ginsburg v. Trump escalates in a big way

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Like many Supreme Court watchers, I've followed the somewhat cringe-inducing comments of Justice Ruth Bader Ginsburg about Donald Trump. I had hoped, after yesterday, that the last interview on this topic had been granted. But the last news cycle suggests that Ginsburg v. Trump is just ramping up.

First, Joan Biskupic reports:

Supreme Court Justice Ruth Bader Ginsburg's well-known candor was on display in her chambers late Monday, when she declined to retreat from her earlier criticism of Donald Trump and even elaborated on it.

"He is a faker," she said of the presumptive Republican presidential nominee, going point by point, as if presenting a legal brief. "He has no consistency about him. He says whatever comes into his head at the moment. He really has an ego. … How has he gotten away with not turning over his tax returns? The press seems to be very gentle with him on that."

. . .

"At first I thought it was funny," she said of Trump's early candidacy. "To think that there's a possibility that he could be president… " Her voice trailed off gloomily. "I think he has gotten so much free publicity," she added, drawing a contrast between what she believes is tougher media treatment of Democratic candidate Hillary Clinton and returning to an overriding complaint: "Every other presidential candidate has turned over tax returns."

Biskupic adds: "The 83-year-old justice expressed no regret for the comments or surprise that she would be criticized."

Meanwhile, Donald Trump has responded by criticizing Ginsburg in an interview with the New York Times today:

"I think it's highly inappropriate that a United States Supreme Court judge gets involved in a political campaign, frankly," Mr. Trump said. "I think it's a disgrace to the court and I think she should apologize to the court. I couldn't believe it when I saw it."

He continued: "That she should be saying that? It's so beneath the court for her to be making statements like that. It only energizes my base even more. And I would hope that she would get off the court as soon as possible."

As always, stay tuned.