# When was the last time a Supreme Court Justice aired views publicly on a presidential candidate? **URL:** \ **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:** 4
**Author:** ![asahi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asahi/32/8693_2.png) [@asahi](https://boards.straightdope.com/u/asahi)\ **Post date:** [July 13, 2016, 11:37am UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/61 "2016-07-13T11:37:32Z")
> [@Bridget\_Burke](#): > > Andrew Jackson ignored the Supreme Court with is Indian Removal policy–also known as the Trail of Tears. Yes, it was a disaster. > > And, yes Bush v Gore was a black mark on the Supremes. Sandra Day O’Conner had expressed her disappointment that a Democratic President would make it harder for her to retire & spend time with her ailing husband. Clarence Thomas’s wife was working for the Heritage Society, vetting candidates for Bush appointments. > > Unofficial comments by a Justice when no case is pending? Small potatoes. If you’re so “concerned” about the Court, why not chastise the Senate Republicans for not even considering President Obama’s latest nominee? Yep. All are good examples that show we’re just dealing with faux outrage. Republicans are gripping because they see the possibility of losing power, not just now but for multiple election cycles. ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [July 13, 2016, 11:53am UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/62 "2016-07-13T11:53:28Z")
This is a criticism. Republicans don’t like democrats. Therefore this criticism is invalid. Well, I’m convinced! ---
**Author:** ![asahi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asahi/32/8693_2.png) [@asahi](https://boards.straightdope.com/u/asahi)\ **Post date:** [July 13, 2016, 12:00pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/63 "2016-07-13T12:00:23Z")
> [@Richard\_Parker](#): > > This is naive. As John Marshall recognized, the legitimacy of the Supreme Court rests on a castle of sand, which is why he chose _Marbury_, a case limiting the Court’s power, to establish judicial review. That legitimacy waxes and wanes, and could easily be exhausted. _Brown v. Board_ is meaningless without the 101st Airborne. > > Or, I could just offer reasonable criticism of her. I think I’ll choose that route, since she’s a very fine justice. > > Partisans gleefully trying to capture and subvert every institution of government, each time claiming they’re only fighting fire with fire, is a much surer road to the crapper than some two-bit reality star winning the Presidency. No, in a democracy or in a democratic republic, the surest road to the crapper is when the voting public starts supporting ideas and candidates who are undemocratic and anti-liberty. When we begin supporting political figures who play by the rule of men rather than the rule of law (like Dick Cheney), we have a monumental problem. When we begin supporting regimes which try to assert that we can have one set of standards for most Americans but apply different standards to people we feel threatened by, we have a brewing crisis. I am careful to toss around comparisons to Nazi Germany, but in this way, there are some parallels and lessons to be learned. Comments from an aging justice don’t weaken the Court anymore than a blatantly hostile and contemptuous dissenting opinion in a 5-4 ruling. ---
**Author:** ![quiltguy](https://avatars.discourse-cdn.com/v4/letter/q/e47774/32.png) [@quiltguy](https://boards.straightdope.com/u/quiltguy)\ **Post date:** [July 13, 2016, 12:58pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/64 "2016-07-13T12:58:00Z")
> [@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: Aiiiieeeyyyyeeeee! The Donald Trump Presidential Library??? Say it will never be. :eek: Ruth, forsooth, was a tad uncouth. She didn’t do us any favors with her statement. ---
**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\ **Post date:** [July 13, 2016, 1:22pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/65 "2016-07-13T13:22:33Z")
> [@Mr\_Quatro](#): > > 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: Seems like a safe bet. If you’re wrong, nobody will be around to collect. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [July 13, 2016, 1:36pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/66 "2016-07-13T13:36:38Z")
> [@Bridget\_Burke](#): > > Andrew Jackson ignored the Supreme Court with is Indian Removal policy–also known as the Trail of Tears. Yes, it was a disaster. Could I point out that this isn’t actually true? The ignored the Supreme Court part, I mean. Jackson never ignored the court, and the Indian Removal Act was never found unconstitutional. ---
**Author:** ![Peremensoe](https://avatars.discourse-cdn.com/v4/letter/p/ce7236/32.png) [@Peremensoe](https://boards.straightdope.com/u/Peremensoe)\ **Post date:** [July 13, 2016, 1:48pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/67 "2016-07-13T13:48:49Z")
Jackson did proceed with Cherokee removal in famous disregard of _Worcester v. Georgia_, did he not. ---
**Author:** ![Kiber](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kiber/32/317_2.png) [@Kiber](https://boards.straightdope.com/u/Kiber)\ **Post date:** [July 13, 2016, 1:56pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/68 "2016-07-13T13:56:36Z")
> [@Bridget\_Burke](#): > > [snip]If you’re so “concerned” about the Court, why not chastise the Senate Republicans for not even considering President Obama’s latest nominee? This. Republicans are actively injecting politics into the court with their refusal to consider any nominee (for purely political reasons). For them to now complain about politics in the court is disingenuous, at best. It’s like a chef complaining about the ingredients she chose to add to her own dish. ---
**Author:** ![MrDibble](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mrdibble/32/114_2.png) [@MrDibble](https://boards.straightdope.com/u/MrDibble)\ **Post date:** [July 13, 2016, 1:58pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/69 "2016-07-13T13:58:36Z")
> [@doorhinge](#): > > Yes she should recuse herself, but she won’t. Ginburg should have retired after she told Egyptians that she preferred the South African Constitution over the U.S. Constitution. > > [Ginsburg to Egyptians: I wouldn't use U.S. Constitution as a model | Fox News](http://www.foxnews.com/politics/2012/02/06/ginsburg-to-egyptians-wouldnt-use-us-constitution-as-model.html) Why? Ours _is_ better than yours, and for exactly the reason she says. Don’t be sore that she recognizes the US Constitution is sadly outdated. ---
**Author:** ![MrDibble](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mrdibble/32/114_2.png) [@MrDibble](https://boards.straightdope.com/u/MrDibble)\ **Post date:** [July 13, 2016, 2:05pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/70 "2016-07-13T14:05:12Z")
> [@The\_Other\_Waldo\_Pepper](#): > > There’s [an article](https://www.washingtonpost.com/posteverything/wp/2016/07/12/justice-ruth-bader-ginsburg-has-crossed-way-way-over-the-line/#comments) in the Washington Post noting that, under the code of conduct for federal judges, a judge should not publicly endorse or oppose a candidate for public office. Does the Washington Post count as big tough strong conservatives? [ [QUOTE=The Code In Question] “This Code applies to United States circuit judges, district judges, Court of International Trade judges, Court of Federal Claims judges, bankruptcy judges, and magistrate judges. Certain provisions of this Code apply to special masters and commissioners as indicated in the “Compliance” section. The Tax Court, Court of Appeals for Veterans Claims, and Court of Appeals for the Armed Forces have adopted this Code.” [/QUOTE] ](http://www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges#a) Where does it say anything in there about applying to Supreme Court justices? ---
**Author:** ![MrDibble](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mrdibble/32/114_2.png) [@MrDibble](https://boards.straightdope.com/u/MrDibble)\ **Post date:** [July 13, 2016, 2:10pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/71 "2016-07-13T14:10:40Z")
> [@D\_Anconia](#): > > Here is the actual quote from the Code of Conduct for United States Judges: > > “A judge should not…make speeches for a political organization or candidate, or publicly endorse or oppose a candidate for public office” > > Her interview for the NYT certainly appears to look as if she is **publicly opposing a candidate for public office.** > [Code of Conduct for United States Judges | United States Courts](http://www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges) So you found the Code, and read that paragraph, but didn’t manage to read the introduction to see if it even applies to RBG? ---
**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\ **Post date:** [July 13, 2016, 2:18pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/72 "2016-07-13T14:18:49Z")
I totally agree with her comments. I think she’s a disgrace to the Supreme Court for publicly airing them. She’s an intelligent woman, how can she be unaware of the damage she’s doing to that institution by descending into the political arena? Sure, the Justices have political views and we all know that. But do we really want them on TV shows or in the press lobbying against or for politicians at election time? This is a sad day for SCOTUS. She needs to retire. ---
**Author:** ![E-DUB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/e-dub/32/403_2.png) [@E-DUB](https://boards.straightdope.com/u/E-DUB)\ **Post date:** [July 13, 2016, 2:24pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/73 "2016-07-13T14:24:28Z")
She should retire while Obama can still nominate her replacement. Whoops, wait a minute. As for recusing herself from a possible “Bush/Gore scenario”, I don’t recall Justice O’Connor doing so at the time of the actual event. ---
**Author:** ![chargerrich](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chargerrich/32/5399_2.png) [@chargerrich](https://boards.straightdope.com/u/chargerrich)\ **Post date:** [July 13, 2016, 2:34pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/74 "2016-07-13T14:34:40Z")
> [@elucidator](#): > > Has any political candidate been so deserving? +1 This ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [July 13, 2016, 3:13pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/75 "2016-07-13T15:13:02Z")
> [@Kiber](#): > > This. Republicans are actively injecting politics into the court with their refusal to consider any nominee (for purely political reasons). For them to now complain about politics in the court is disingenuous, at best. It’s like a chef complaining about the ingredients she chose to add to her own dish. Well, I’m not a Republican and I think RBG’s comments were extremely improper. We could have guessed that was her opinion easily but she has a responsibility for some decorum. I don’t think Richard Parker is a Republican either. So how do you respond to this criticism now that “disingenuous Republican” is off the table? ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [July 13, 2016, 3:32pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/76 "2016-07-13T15:32:38Z")
They’re wrong. ---
**Author:** ![elbows](https://avatars.discourse-cdn.com/v4/letter/e/b3f665/32.png) [@elbows](https://boards.straightdope.com/u/elbows)\ **Post date:** [July 13, 2016, 3:50pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/77 "2016-07-13T15:50:26Z")
It’s kinda rich for the right to scream about politics on the SC, after the political theatre they provided denying a sitting president his constitutional responsibility to seat a justice. The vehemence with which they set upon any little thing attempting to drum up controversy, to manufacture outrage, to fan embers into flames, at every turn has the scent of desperation to it. It seems like they are pulling out all the stops, trying any meagre tactic, no matter how transparent. Like a death throw, sort of. ---
**Author:** ![Merneith](https://avatars.discourse-cdn.com/v4/letter/m/57b2e6/32.png) [@Merneith](https://boards.straightdope.com/u/Merneith)\ **Post date:** [July 13, 2016, 3:57pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/78 "2016-07-13T15:57:59Z")
> [@aldiboronti](#): > > She’s an intelligent woman, how can she be unaware of the damage she’s doing to that institution by descending into the political arena? > > Sure, the Justices have political views and we all know that. But do we really want them on TV shows or in the press lobbying against or for politicians at election time? > > This is a sad day for SCOTUS. She needs to retire. 1. Donald Trump is not just any politician. It’s everyone’s responsibility to speak against him and his unAmerican fascism. Standing up to Donald Trump and making him expose himself is a public service. 2. The Supreme Court has been a political body for decades. It’s time to stop being coy about it. I would prefer that they say in public what they whisper in private. I think it would be good for the court to stop being so mysterious. I don’t trust the American Press to be able to handle serious conversations but I do think it would be good for the public in general - the ones who don’t read the SC opinions, I mean - to get a better look at their Justices. 3. It’s time to dispense with the notion that Ruth Bader Ginsburg doesn’t know what she’s doing. ---
**Author:** ![Kiber](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kiber/32/317_2.png) [@Kiber](https://boards.straightdope.com/u/Kiber)\ **Post date:** [July 13, 2016, 3:59pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/79 "2016-07-13T15:59:10Z")
> [@CarnalK](#): > > Well, I’m not a Republican and I think RBG’s comments were extremely improper. We could have guessed that was her opinion easily but she has a responsibility for some decorum. I don’t think Richard Parker is a Republican either. So how do you respond to this criticism now that “disingenuous Republican” is off the table? Well - I thought it was obvious that the “Them” referred to those Republicans who were blocking the nomination. I never mentioned you or any other poster. But to be clear - I meant Republicans in Congress who are actively blocking the current nomination while criticizing RBG. To be super duper clear - I meant Republicans like [Paul Ryan](http://www.cnn.com/2016/07/12/politics/justice-ruth-bader-ginsburg-donald-trump-faker/). ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [July 13, 2016, 4:07pm UTC](https://boards.straightdope.com/t/when-was-the-last-time-a-supreme-court-justice-aired-views-publicly-on-a-presidential-candidate/759658/80 "2016-07-13T16:07:35Z")
For what it’s worth, the NY Times agrees with Trump on this one: > **[Opinion | Donald Trump Is Right About Justice Ruth Bader Ginsburg (Published...](https://www.nytimes.com/2016/07/13/opinion/donald-trump-is-right-about-justice-ruth-bader-ginsburg.html?ref=opinion&_r=0)** > > Whatever their reservations about the presidential field, Supreme Court justices and the court benefit from remaining silent. [Previous 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=3) [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=5)