Justice Ginsburg's comments on Donald Trump, 2016

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Upon the conclusion of the 2015-16 term of the Supreme Court of the United States, Justice Ruth Bader Ginsburg gave a number of interviews addressing court-related subjects, including the work of the court this term and the impact the death of Justice Antonin Scalia had on the court. Also in those interviews, Justice Ginsburg offered comments related to the presumptive Republican nominee for president, Donald Trump.

Comments on Donald Trump

See also: Donald Trump presidential campaign, 2016: Federalism

In an Associated Press interview with Mark Sherman on July 8, 2016, Justice Ginsburg, when asked for her views on a potential Donald Trump (R) administration, stated, "I don't want to think about that possibility, but if it should be, then everything is up for grabs ... It's likely that the next president, whoever she will be, will have a few appointments to make."^[1]
Two days later, The New York Times published an interview between reporter Adam Liptak and Justice Ginsburg in which she said the following regarding Trump: "I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president ... For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that."^[2]
On July 11, 2016 Justice Ginsburg, in an interview with CNN legal analyst and Supreme Court biographer Joan Biskupic, said Trump was "a faker" and said, "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."^[3]

Trump's response

In an interview with Maggie Haberman of The New York Times published July 12, 2016, Trump made the following remarks regarding Justice Ginsburg's comments about his possibly becoming president: "I think it's highly inappropriate that a United States Supreme Court judge gets involved in a political campaign, frankly ... 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 .. 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."^[4]
In a posted tweet on July 13, Trump called for Justice Ginsburg's resignation, saying that she "has embarrassed all by making very dumb political statements about me. Her mind is shot - resign!"^[5]

Ginsburg apology

In a statement released on July 14, 2016, Justice Ginsburg apologized for her statements,^[6]

“

On reflection, my recent remarks in response to press inquiries were ill-advised and I regret making them ... Judges should avoid commenting on a candidate for public office. In the future I will be more circumspect. ^[7]

”

Potential ethics violation

Tufts University Professor Daniel Drezner, in a July 12 piece in The Washington Post, claimed that Justice Ginsburg "violated Canon 5 of the Code of Conduct for United States Judges," though Drezner acknowledged that "Supreme Court Justices are not strictly bound by that code."

Canon Five of the Code stipulates that "a judge should refrain from political activity." The full text of Canon Five reads:

“

Canon 5: A Judge Should Refrain from Political Activity

(A) General Prohibitions. A judge should not:

(1) act as a leader or hold any office in a political organization;

(2) make speeches for a political organization or candidate, or publicly endorse or oppose a candidate for public office; or

(3) solicit funds for, pay an assessment to, or make a contribution to a political organization or candidate, or attend or purchase a ticket for a dinner or other event sponsored by a political organization or candidate.

(B) Resignation upon Candidacy. A judge should resign the judicial office if the judge becomes a candidate in a primary or general election for any office.

(C) Other Political Activity. A judge should not engage in any other political activity. This provision does not prevent a judge from engaging in activities described in Canon 4.

COMMENTARY

The term "political organization" refers to a political party, a group affiliated with a political party or candidate for public office, or an entity whose principal purpose is to advocate for or against political candidates or parties in connection with elections for public office.^[8] ^[7]

”