Liberal Justices Hand Donald Trump Supreme Court 5-2 Majority
Justice Kennedy will no longer be the deciding vote on the Supreme Court. The best he can do is change a 5-2 majority to a 4-3 majority and we have two liberal justices to thank. Both Ruth Bader Ginsburg and Sonia Sotomayor have given the new president a gift that will keep on giving, unless John Roberts steps in and makes a really bad decision…again.
I have researched it and found that there is no prohibition on Supreme Court members from exercising their first Amendment Rights even when it comes to politics. They cannot be removed from the court as long as they don’t say something that is prohibited by law. such as a death threat or a terroristic threat. But, and this is a big but, they are obligated to recuse themselves in any case in which they have shown bias. That is why justices avoid talking about any subject which has not already been adjudicated by SCOTUS>
Both Sotomayor and Ginsburg have made highly prejudicial statements about Donald Trump. The genie is now out of the bottle. It can’t be put back. Can Ginsberg say, “Yes, I think Trump is a racist, a baboon and a scumbag, but I can be fair to him.” Would you have faith in that? I wouldn’t.
From NYT:
“I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president,” she said. “For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.” She joked — it seemed like a joke, anyway — that she might move to New Zealand if Trump were to win.
She expanded on this in a CNN interview:
“He is a faker…He has no consistency about him. He says whatever comes into his head at the moment. He really has an ego. … How has he gotten away with not turning over his tax returns? The press seems to be very gentle with him on that.”
Ginsburg is already known as an activist judge, meaning she follows her ideology rather than the constitution. That makes it doubly important that she not preside over any case involving Trump.
Sotomayor is a different story. She was careful about what she said. Although she was careful not to say anything directly against Trump she did while seemingly encouraging the rioters to continue rioting. Still, she could make a case against recusal. However, she is even more of an activist than Ginsburg.
During her time on the 2nd Court of Appeals, she had six of her cases appealed to the US supreme Court. Four of them were overturned for a rate of 67% but now when she makes similar rulings they cannot be overturned. She should never have been placed on the nation’s highest court.
What you must remember is that recusal would not be necessary in every case, just in cases directly involving Trump personally and some involving Trump not personally.
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