Wednesday, July 13, 2016

Ruth Bader Ginzburg has a right to tell the truth

Supreme Court Justice Ginzburg has recently criticized Donald Trump as being unfit to serve as President of the United States. In return, Ginzburg has received criticism from Trump that attacks her for being old:
“Justice Ginsburg of the U.S. Supreme Court has embarrassed all by making very dumb political statements about me. Her mind is shot—resign!”
Amazingly (sarcasm intended) some legal commentators agreed with Trump, including New York University law professor Stephen Gillers, who wrote that judges who speak out on political matters undermine the "rule of law":
“To protect the rule of law. We want the public to view judicial rulings solely as the product of law and legal reasoning, uninfluenced by political considerations. Acceptance of court rulings is undermined if the public believes that judicial decisions are politically motivated.”
Notice the absurdity of this criticism. Gillers says lawyers want the public to believe that rulings are the product of law and legal reasoning, even though he knows that they are not, and anyone who has followed the history of recent Supreme Court rulings knows they are not. But, he says, Ginzburg undermines the rule of law by telling the truth about Donald Trump.

Sorry, Gillers, your rule of law is a fantasy which the legal profession has concocted. Ginzburg should not be criticized for undermining a fantasy. She should be praised for revealing the truth. 

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