“Let’s give her (Justice Ruth Bader Ginsburg) credit,” observes Ed Whelan in NRO, “for exposing, once again, how nakedly political she is.” Mr. Whelan is referring to Justice Ginsburg’s recent interview with Adam Liptak in the New York Times.
Justice Ginsburg’s “series of verbal eruptions” is a major breach of judicial decorum, writes the WSJ. “… but taken together they raise larger issues.”
Under Section 28 US Code 455, “[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” A judge is also expected to disqualify himself “[w]here he has a personal bias or prejudice concerning a party.”
Justice Ginsburg talks as if the Court is a purely political body and seems oblivious to the damage she is doing. All of this raises questions about her judgment, her temperament, and her continuing capacity to serve as a judge. She should resign from the Court before she does the reputation of the judiciary more harm.