# When was the last time a Supreme Court Justice  aired views publicly on a presidential candidate?

**URL:** <https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658>\
**Category:** Politics & Elections\
**Created:** [July 11, 2016, 3:17pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658 "2016-07-11T15:17:21Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\
**Post date:** [July 11, 2016, 3:17pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/1 "2016-07-11T15:17:21Z")

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Hi  
When was the last time a Supreme Court Justice aired views publicly/on national media on a presidential candidate?  
I look forward to your feedback

> **[Ruth Bader Ginsburg may leave US if Trump wins](https://nypost.com/2016/07/11/even-ruth-bader-ginsburg-weighs-fleeing-us-if-trump-wins/)**
>
> Supreme Court Justice Ruth Bader Ginsburg said she doesn’t even “want to contemplate” a Donald Trump presidency, during a rare interview released Sunday — in which she also talked of heading “to Ne…

Supreme Court Justice Ruth Bader Ginsburg said she doesn’t even “want to contemplate” a Donald Trump presidency, during a rare interview released Sunday — in which she also talked of heading “to New Zealand” if the billionaire wins.

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**Author:** ![septimus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/septimus/32/410_2.png) [@septimus](https://boards.straightdope.com/u/septimus)\
**Post date:** [July 11, 2016, 3:25pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/2 "2016-07-11T15:25:27Z")

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> [@davidmich](#):
>
> Supreme Court Justice Ruth Bader Ginsburg … talked of heading “to New Zealand” if the billionaire wins.

Will she be allowed to cast court votes _in absentia_ from NZ? If not, the wingnuts would have a 4-3 majority on the Court and could dictate terms to the suffering nation.

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**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\
**Post date:** [July 11, 2016, 3:30pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/3 "2016-07-11T15:30:19Z")

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By the way, do retied Supreme Court Justices still keep the title “Supreme Court Justice” even after they retire. Ex-presidents do.

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**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\
**Post date:** [July 11, 2016, 3:31pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/4 "2016-07-11T15:31:26Z")

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Do retired Supreme Court Justices still keep the title “Supreme Court Justice” even after they retire. Ex-presidents do.

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [July 11, 2016, 3:34pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/5 "2016-07-11T15:34:23Z")

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I see retired justices referred to with the title ‘Justice’ in reporting. Just like presidents it’s usually preceded by ‘former’. Retired judges retain the title ‘Judge’, seems like ‘Justice’ would work the same way, and since they are judges they would least be called that.

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [July 11, 2016, 3:38pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/6 "2016-07-11T15:38:31Z")

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> [@davidmich](#):
>
> Do retired Supreme Court Justices still keep the title “Supreme Court Justice” even after they retire. Ex-presidents do.

You keep the highest title you held.  
Some etiquette experts say this should not apply to the President, he/she reverts to his next highest position.  
Common usage says otherwise.

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**Author:** ![AlsoNamedBort](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alsonamedbort/32/3213_2.png) [@AlsoNamedBort](https://boards.straightdope.com/u/AlsoNamedBort)\
**Post date:** [July 11, 2016, 3:40pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/7 "2016-07-11T15:40:10Z")

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> [@davidmich](#):
>
> she also talked of heading “to New Zealand” if the billionaire wins.

> [@septimus](#):
>
> Will she be allowed to cast court votes _in absentia_ from NZ? If not, the wingnuts would have a 4-3 majority on the Court and could dictate terms to the suffering nation.

In [the actual interview](http://www.nytimes.com/2016/07/11/us/politics/ruth-bader-ginsburg-no-fan-of-donald-trump-critiques-latest-term.html?_r=0) she was quoting her late husband.

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [July 11, 2016, 5:28pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/8 "2016-07-11T17:28:00Z")

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> [@septimus](#):
>
> If not, the wingnuts would have a 4-3 majority on the Court and could dictate terms to the suffering nation.

**Moderator Note**

**septimus** , political jabs are not permitted in GQ. No warning issued, but let’s avoid this kind of comment.

Colibri  
General Questions Moderator

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**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\
**Post date:** [July 11, 2016, 7:47pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/9 "2016-07-11T19:47:18Z")

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[quote=“davidmich, post:1, topic:759658”]

Hi  
When was the last time a Supreme Court Justice aired views publicly/on national media on a presidential candidate?  
Antonin Scalia perhaps? I haven’t found any public outbursts by Chief Justices regarding Presidential presumptive nominees/nominees online. Does anyone know of any who may have done so?

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**Author:** ![Billdo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/billdo/32/315_2.png) [@Billdo](https://boards.straightdope.com/u/Billdo)\
**Post date:** [July 12, 2016, 1:44am UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/10 "2016-07-12T01:44:02Z")

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> [@davidmich](#):
>
> By the way, do retied Supreme Court Justices still keep the title “Supreme Court Justice” even after they retire. Ex-presidents do.

Yes, they do, though they are usually noted as “(retired).”

Interestingly, they still can and regularly do serve as federal judges, most often [sitting to hear cases on the federal courts of appeals](https://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States#Retired_justices).

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**Author:** ![Mr\_Quatro](https://avatars.discourse-cdn.com/v4/letter/m/bc8723/32.png) [@Mr\_Quatro](https://boards.straightdope.com/u/Mr_Quatro)\
**Post date:** [July 12, 2016, 3:52am UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/11 "2016-07-12T03:52:24Z")

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She’s not showing me any wisdom in her statement to move to NZ if Mr Trump wins the job. That’s plain old fear mongering …

She’s trying to get a ship load of fear mongers to go with her … if Trump wins so what, just wait another four years, the wall won’t be built and the whole world will be laughing at us and Mr Trump will write his book and open his library and everything will return to normal.

I think :dubious:

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**Author:** ![Peremensoe](https://avatars.discourse-cdn.com/v4/letter/p/ce7236/32.png) [@Peremensoe](https://boards.straightdope.com/u/Peremensoe)\
**Post date:** [July 12, 2016, 4:31am UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/12 "2016-07-12T04:31:09Z")

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> [@Mr\_Quatro](#):
>
> She’s not showing me any wisdom in her statement to move to NZ if Mr Trump wins the job. That’s plain old fear mongering …
> 
> She’s trying to get a ship load of fear mongers to go with her … if Trump wins so what, just wait another four years, the wall won’t be built and the whole world will be laughing at us and Mr Trump will write his book and open his library and everything will return to normal.
> 
> I think :dubious:

I see he’s done a lot of harm in just one year as a candidate, that will take years to heal if he loses.

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**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\
**Post date:** [July 12, 2016, 5:10am UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/13 "2016-07-12T05:10:53Z")

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> [@Peremensoe](#):
>
> I see he’s done a lot of harm in just one year as a candidate, that will take years to heal if he loses.

Has any Supreme Court Justice been as outspoken about a Presidential candidate as she has been?

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [July 12, 2016, 5:19am UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/14 "2016-07-12T05:19:58Z")

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Since this is about views on a political candidate, it’s probably best suited to Elections.

Colibri  
General Questions Moderator

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**Author:** ![Lantern](https://avatars.discourse-cdn.com/v4/letter/l/d26b3c/32.png) [@Lantern](https://boards.straightdope.com/u/Lantern)\
**Post date:** [July 12, 2016, 5:37am UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/15 "2016-07-12T05:37:21Z")

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While I share Ginsburg’s views on Trump, it struck me as poor judgement on her part to make them public. I too would like to know if a sitting justice has ever attacked a Presidential candidate before and I can’t think of any examples.

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [July 12, 2016, 6:27am UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/16 "2016-07-12T06:27:14Z")

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Has any political candidate been so deserving?

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [July 12, 2016, 10:53am UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/17 "2016-07-12T10:53:22Z")

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> [@Mr\_Quatro](#):
>
> She’s not showing me any wisdom in her statement to move to NZ if Mr Trump wins the job. That’s plain old fear mongering …

Is it “fear mongering” if she is truly afraid?

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [July 12, 2016, 1:38pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/18 "2016-07-12T13:38:42Z")

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> [@Lantern](#):
>
> While I share Ginsburg’s views on Trump, it struck me as poor judgement on her part to make them public. I too would like to know if a sitting justice has ever attacked a Presidential candidate before and I can’t think of any examples.

Me, too. The judicial branch is supposed to be non-political. I’d be more than happy to hear her talk about her judicial philosophy and how she decides cases, etc. But please stay out of the politics of the day.

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**Author:** ![glowacks](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/glowacks/32/5548_2.png) [@glowacks](https://boards.straightdope.com/u/glowacks)\
**Post date:** [July 12, 2016, 2:17pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/19 "2016-07-12T14:17:07Z")

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> [@Billdo](#):
>
> Yes, they do, though they are usually noted as “(retired).”
> 
> Interestingly, they still can and regularly do serve as federal judges, most often [sitting to hear cases on the federal courts of appeals](https://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States#Retired_justices).

Yes, “retired” Supreme Court Justices can decide to go to “[senior status](https://en.wikipedia.org/wiki/Senior_status)” - other judges can also go to this status as noted in the link, but only former Supreme Court Justices are referred to as “retired”.

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**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\
**Post date:** [July 12, 2016, 2:22pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/20 "2016-07-12T14:22:24Z")

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> [@John\_Mace](#):
>
> Me, too. The judicial branch is supposed to be non-political. I’d be more than happy to hear her talk about her judicial philosophy and how she decides cases, etc. But please stay out of the politics of the day.

Serious question: if this election winds up in a BUSH-V-GORE-esque case that makes it to the Supreme Court, should Ginsburg recuse herself?

[Next page](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658.md?page=2)
