Reconditioning RBG

Justice Ginsburg's personal trainer says she was uninformed about the kneeling controversy.

Recently, Katie Couric revealed that she selectively edited her interview with Justice Ginsburg about the kneeling controversy. Apparently Ginsburg said more:

Ginsburg went on to say that such protests show a 'contempt for a government that has made it possible for their parents and grandparents to live a decent life.'

She said: 'Which they probably could not have lived in the places they came from…as they became older they realize that this was youthful folly. And that's why education is important.'

To protect RBG, Couric simply removed the statements. Why? Couric explained that Ginsburg was "elderly and probably didn't fully understand the question."

I found this explanation wholly unpersuasive. I wrote:

Ginsburg was sharp as a tack. Until the end, she was one of the most aggressive questioners on the Court. Ginsburg's intellect towers over Couric.

Now, Justice Ginsburg's personal trainer, Bryant Johnson, has echoed Couric's explanation: RBG simply didn't know!

I was Justice Ginsburg's trainer for over twenty years, and was lucky to have many conversations with her during that time. When I heard her statement to Couric about the NFL players, I knew that she was not operating with all of the facts. The Justice was engrossed in the law, the opera, her family, and her workouts. But she often missed news on popular culture.

I'm sorry. I find this excuse far too convenient. Ginsburg routinely commented on topics of public concern, including every jot and tittle of the 2016 presidential race. Ginsburg routinely referenced public opinion on same-sex marriage in the lead-up to Obergefell. Do we really think she was unaware of one of the most hot-button cultural issues of that time? Did she not listen to NPR or watch PBS or read a newspaper? Nothing?

Bryant explains he had a conversation with Ginsburg about the situation:

We had a detailed discussion during a workout where I explained why athletes were taking a knee during the national anthem. I explained to the Justice that Colin Kaepernick was not protesting the country but protesting racial injustice. I also informed her that Colin's choice to kneel was at the suggestion of a veteran that told him that it would be perceived as less disrespectful and be a sign of respect if you kneel with your teammates instead of sitting on the bench by yourself.

A jurist can only respond to the facts in front of them, but when new information comes to light, their opinion can change—as it did for Justice Ginsburg. During our conversation, the Justice responded that she "didn't know the whole story" before she made her statement to Couric, and "should not have answered that question."

Ginsburg didn't apologize to Bryant, or in her public statement. Saying "I didn't know the whole story" is a cop-out. She knew enough to comment, but should have kept her mouth shut.

Johnson should have let this matter go.

Comments

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

I also found it unlikely that anyone near the top of the political food chain could not have heard of the kneeling kerfuffle. It's one thing to be a full time student in a proggie bubble and have no idea what the Babylon Bee is, or a full time worker too busy to watch TV news to be aware of the kneeling; those are both plausible but unlikely. A Supreme Court justice so isolated from the mainstream news media just doesn't pass the smell test.

[DaivdBehar]

This was more leftist personal attack on anyone who deviates from their political correctness in the slightest, even one of their own.

The left must be crushed to save this nation from this internal enemy and servants of the Chinese Commie Party. Zero tolerance for woke should become government policy. All woke is treason in the service of the Chinese Commie Party.

[Rev. Arthur L. Kirkland]

Plenty of people seem to buy the story that a student at a top-tier law school was merely naive when stringing together the Federalist Society, a trap house, and fried chicken.

[DaivdBehar]

OK, Boomer. You need to be replaced by a diverse. Diversity is the strength of our nation.

[David Nieporent]

Still lying about what the student said, huh? Kind of like you lie about being censored.

[Rev. Arthur L. Kirkland]

The student referred to the Federalist Society, trap house, and Popeye's. The relevant Popeye was the fried chicken chain, not the spinach-fueled cartoon. Federalist Society, trap house, Popeye's fried chicken. Quite the coincidental string, at best.

Prof. Volokh has censored me repeatedly. If I have misstated any of the circumstances -- including the words, the dates and times of the emails in which Prof. Volokh confirmed the censorship, etc., I hope Prof. Volokh corrects the record.

What inclines you to defend right-wingers so stridently and disingenously, Mr. Nieporent?

Is it the Republicans' racism? Are you bothered by the prospect that Whites will lose their majority and are losing their unearned privilege in America? Do believe race-targeting voter suppression is the right way to preserve the "real America?"

Is it the conservatives' gay-bashing? Does your religion push you to be a bigot in this regard? Or are you bigoted toward gays for some other reason?

Is it the right-wing xenophobia? Are you part of the latest in the successive waves of intolerant jerks who have targeted Italians, Jews, Blacks, gays, Hispanics, Asians, Catholics, Muslims, women, agnostics, other Asians, atheists, other Hispanics, Native Americans throughout American history?

Is it misogyny? Can't stand that women are welcome at graduate schools, on corporate boards, in elected office?

Or is it something else? Guns? Abortion? Special privilege for superstition? Abusive policing?

In any event, Mr. Nieporent, your support of clingers marks you a loser in modern America, destined to remain a loser until the moment at which you are replaced by a better citizen in our society and electorate. You get to whine about it as much as you like, of course, and to huddle together for warmth with the other casualties at the Volokh Conspiracy.

[DaivdBehar]

Artie. No censorship since moving to Reason. I got emails from Volokh about civility. I said, civility is white supremacist. No censorship for years. You are getting obsessed.

[Noscitur a sociis]

Pace Prof. Blackman, I find it extremely easy to believe that an 83 year old woman who had been literally falling asleep on the job for more than 10 years might not have known the full context of a hot button issue that originated in professional football.

[bevis the lumberjack]

It’s a fact free world we live in now. They should just make up something else that RBG said. Fits the narrative better and is consistent with how they’re handling everyone the news now anyway.

This weekend is bringing the news that there really is no inflation and even if there is then you selfish peons should stop buying stuff. Some of you ingrates own two refrigerators!

Oh, and a white guy shooting other white guys demonstrates how white supremacy thrives in America. No word on what blacks shooting blacks means.

[Longtobefree]

"No word on what blacks shooting blacks means."

Mostly Peaceful Protests - - - - - - - -

[bernard11]

So you're saying Johnson is a liar?

Why?

[Brett Bellmore]

If he is, he doesn't have to worry about her exposing him.

[Noscitur a sociis]

Johnson should have left this matter go.

I'm not following.

According to Johnson, he felt that Ginsburg was incorrect about a topic that was important to him due to a lack of information. After providing her with that information, she agreed that learning about it changed her mind and that he was right.

Why should he have let it go?

[Longtobefree]

Because putting words in the mouth of the departed is as rude as kneeling during the National Anthem.

[bernard11]

Huh?

When did he put words in Ginsburg's mouth?

[WuzYoungOnceToo]

When did he put words in Ginsburg's mouth?

He made a claim about her saying something when there is no way to verify or refute that claim since they were the only two persons present and she is no longer alive.

[Bob from Ohio]

"Why should he have let it go?"

The point is this op-ed by Johnson should not have been written, not that he shouldn't have talked about it with her, if he did.

[Noscitur a sociis]

Katie Couric says that Justice Ginsburg was inadequately informed when she made her comments and would have felt differently if she knew more.

Prof. Blackman says that he doesn't think that's true.

Now someone who knew Justice Ginsburg says that he talked with her, she was inadequately informed, and she did feel differently after learning more.

Why is the last event the one that shouldn't have happened?

[Bob from Ohio]

Making non-verifiable statements about a dead person is bad form.

Especially when the make the live speaker look good: "I explained it to this old women and she then understood"

[santamonica811]

I know! I mean, Couric gave an explanation, and then this long-term and long-time associate of RGB says something that is entirely consistent with Couric's explanation. It's obviously part of the media left-wing conspiracy. Everyone knows that athletic trainers work hand-in-glove with journalists. There's absolutely no way that this guy is being honest. What should happen now is a full-scale Fox News and Breitbart investigation, to turn this nothing burger into the Benghazi-level shocker it really is.

#trainergate
#jockstrapgate
#we'refuckingmoronsgate

[Brett Bellmore]

"Couric gave an explanation" for why she bowdlerized the Ex-Justice's actual words. But why you do something like that doesn't change THAT you did something like that.

[WuzYoungOnceToo]

Couric is a proven liar, so being consistent with a claim she's made...especially when you're biased yourself...doesn't count for much.

[SKofNJ]

I don't believe the trainer's self-aggrandizing comments for a moment.

[Bob from Ohio]

Trainer smarter than supreme court justice!

[Rev. Arthur L. Kirkland]

Of course not. But you swallow every superstition-based excuse to dodge vaccination advanced by an anti-social, lying Republican, right? Especially the ones advance by yahoos who couldn't generate a coherent paragraph on vaccines and have been vaccinated in other contexts for decades without objection.

You probably also believe that Republicans don't engage in race-targeting voter suppression. And that Trump won the election, the South is going to rise again, and our environmental problems will be solved by a Rapture.

Does conservatism generate gullible, deluded hayseeds, or merely attract them?

[Scribe]

Took Couric long enough to find someone to corroborate her baloney. Gotta wonder how many people she went through before she got to the trainer.

[SimonP]

No one asked you for your opinion on when women should have the right to terminate their pregnancies either, you blathering moron. You should shut your own pustulant mouth.

[Rev. Arthur L. Kirkland]

" I'm sorry. I find this excuse far too convenient. "

I guess the only thing that would get past Prof. Blackman in this context would be a note from Jesus. Or, on second though, the average superstition-based excuse.

[Rev. Arthur L. Kirkland]

Perhaps this is the blog post that will get Prof. Blackman a spot at a legitimate law school!

[IPLawyer]

The only spot there is for Blackman at a legitimate law school is to sit between two more professors from legitimate law schools while they rebut his moronic proclamations.

[Bob from Ohio]

He definitely get a better gig on his way to his federal court confirmation.

Bitter libs commenting on a blog notwithstanding.

[Rev. Arthur L. Kirkland]

Which good school is a candidate to hire Prof. Blackman?

Delusional clinger fever dreams notwithstanding.

[SimonP]

One hopes that Josh's ambition and logorrhea will be his downfall. Surely there are countless TV clips of him saying obnoxious things, that would help to doom any confirmation hearing.

And I'm sure he'll give us the play-by-play here, when it happens. The bawling will give Kavanaugh a run for his money.

[IPLawyer]

Lol if you'd ever want him as your trial court judge. It'd make me think you are even dumber than I originally guessed.

[bernard11]

When I was in college I had a classmate who aspired to go to medical school. Unfortunately he wasn't too bright and his transcript was unlikely to impress medical school admission committees.

Nonetheless, he was convinced he would get into a certain quite prestigious school, because he had an uncle on the faculty. That is, until he met with said uncle, who reportedly told him, "The only way you're going to get in here is as a cadaver."

[santamonica811]

This sounds apocryphal. Very funny. But apocryphal. 🙂

[Cal Cetín]

On the one hand...

...this is simply a silly culture-war controversy which explains why people who aren't as online as we are get turned off from politics.

But on the other hand...

...we get a window into the media's attitudes, their double standards, and so on. Though we supposedly knew it already.

[Cal Cetín]

In an alternate universe:

"Representive Random Hick, a Republican member of the legislature in some flat state, continues to face controversy over his racially-tinged remarks about black football player Colin Kaepernick.

"In an interview, Hick said that Kaepernick shouldn't protest racism in America and instead should be grateful that the government of Jim Crow America gave his grandparents a better life.

"Another controversial part of the incident is when the speaker of the legislature asked the reporter to omit these remarks from the report of the interview, which the reporter refused to do, saying the remarks were on the record and thus subject to being published for the information of the public.

"Representative Hick cited his personal trainer, who says Hick was not a racist but was simply unaware of the situation.

"Meanwhile this station has reached out to every Republican leader in the country to ask if they condemned Hick's remarks. Mitt Romney said that 'this kind of racism has no place in the Republican party,' and Mitch McConnell said 'Mr. Hick does not speak for the Republican Party, I never heard of him before in my life.'

"In an additional controversy, Governor Ron DeSantis of Florida is under fire for taking almost half an hour before releasing a comment on the situation, and critics say the comment was inadequate. DeSantis called Hick a 'horrible bigot who should be run out of town on a rail,' but critics point out that DeSantis did not specifically say that Hick should be broken on the wheel first."

[Voize of Reazon]

Johnson should have let it go, because Blackman certainly won't.

[Sarcastr0]

Vital stuff.

Courtly politics on a dead woman is such a good look.

[SKofNJ]

So the trainer spoke to her as if she were a not-too-bright child, and she responded: "Oops. I guess I made a boo-boo."

[ReaderY]

Hmmm…Keep mouth shut…Let matter go…

Maybe that’s good advice.

[WuzYoungOnceToo]

How about you try not screwing up the facts of just about everything you comment on before presuming to dispense advice to others when it comes to commenting.

[rsteinmetz]

Professor Blackman should let it go.

[bernard11]

So we have Blackman, and a bunch of commenters, pretty clearly just calling Johnson a liar, with really no basis at all.

Assholes.

[Rev. Arthur L. Kirkland]

Conservatives. Clingers. Culture war casualties.

You might be cranky, too, if you were destined to spend the rest of your life watching your political preferences get stomped into irrelevance by your nation's mainstream. These guys hate modern America, most Americans, and most of our strongest institutions. That must be a sad way to live.

For the triumphant liberal-libertarian mainstreamers, the relatively weak lineup for the song vote for tomorrow's Stones show is what passes for sadness. More important, it will be a good time for an indoor performance.

[WuzYoungOnceToo]

There is plenty of reason to at least take his claims with a huge grain of salt, as anyone above the age of 12 with an above-room-temperature IQ would understand.

And considering your own history of less-than-honest commentary you're not really in a position to be assailing anyone else's character.