The Supreme Court in the Balance

Shortly after the conclusion of the 2015 term of the United States Supreme Court, Justice Ruth Bader Ginsburg told the New York Times: “I can’t imagine what this place [the Supreme Court] would be . . . with Donald Trump as our president.” In a subsequent interview she called Trump a “faker” who “says whatever comes into his head at the moment.” She later acknowledged that her remarks were ill-advised and she promised to refrain from such political partisanship in the future. Oddly, her break with the longstanding judicial code of nonpartisanship was, in a way, Trumpian. She said out loud what even casual court-watchers seldom acknowledge, but know to be true. On many issues of contemporary political consequence, it is the men and women of the courts, not the law, who rule.

 

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