Would Ginsburg Recuse Herself?

[Elliotte]

Based on her recent comments saying she'd overturn Heller the first chance she gets (regardless of the circumstances of the case), this article suggests she should recuse herself from any future 2A cases. https://www.thetruthaboutguns.com/2...-ginsburg-recuse-drop-gun-cases-notoriousrbg/

Obviously she should, my question is does anyone think she would?

 

[Publius]

She would not. The left on the Court has written lawless decisions for so long, is it worried about reputation damage at this point? Absolutely not.

 

[bunnybunny]

Scalia talked about Roe v. Wade constantly. He didn't recuse himself from Planned Parenthood v. Casey. Justices talk about old cases and new ones all the time. It's their job to have an opinion and defend it.

 

[Elliotte]

Scalia talked about Roe v. Wade constantly. He didn't recuse himself from Planned Parenthood v. Casey. Justices talk about old cases and new ones all the time. It's their job to have an opinion and defend it.

Talking about a topic is one thing, to categorically state how you'd rule no matter what is another.

And from the article

For his part, the late Justice Scalia recused himself from the matter of Elk Grove Unified School District v. Newdow in 2004, a case involving the “under God” line in the Pledge of Allegiance. He did so because he had made comments at a private event criticizing a lower court’s ruling and predicting that it would be reversed by the Supreme Court. It’s hard to see any real difference between Scalia’s situation then and Ginsburg’s now with regard to Second Amendment cases involving Heller.

 

[MDFF2008]

It just underscores how important this election is. Stare decisis will be pissed on the first chance a liberal majority has.

 

[press1280]

Based on her recent comments saying she'd overturn Heller the first chance she gets (regardless of the circumstances of the case), this article suggests she should recuse herself from any future 2A cases. https://www.thetruthaboutguns.com/2...-ginsburg-recuse-drop-gun-cases-notoriousrbg/

Obviously she should, my question is does anyone think she would?

It doesn't help her case when she already signed off on Caetano, which supports Heller.
It's just a stupid move to try to overturn Heller when the lower courts are already doing the dirty work on their own.

 

[j_h_smith]

I'm with Trump, she should resign. My guess, if Mrs Bill Clinton is elected she will retire, if Trump is elected she will hold on as long as she can.

 

[bunnybunny]

Talking about a topic is one thing, to categorically state how you'd rule no matter what is another.

And from the article

“I thought Heller was “a very bad decision,”

She said she vote to have it overturned if a new case was heard. Scalia has done the exact same thing with Roe and Planned Parenthood v Casey. He spoke out against cases and openly stated he was against those majority opinions. Scalia recused himself because he spoke out against a pending case from the lower court that hadn't been decided by SCOTUS. Ginsburg is talking about a theoretical case and previous opinion. There is a huge difference between an actual pending case and a theoretical case. Sorry, as much as I would love her to recuse herself, nothing she said is enough to skip the case. If she publicly stated Tyler v. Hilsdale was a bad ruling and openly opposed it before a SCOTUS petition, then yes, she should recuse herself.

Her openly speaking about Trump and moving to New Zealand was absurd though. The very basis of the supreme court is to have a nonpartisan opinion on legal issues. Spinning the "living documentary" theory is already bad enough.

 

[Bob A]

I for one eagerly await her relocation to another hemisphere. Perhaps others on the bench will join her.

 

[j_h_smith]

I for one eagerly await her relocation to another hemisphere. Perhaps others on the bench will join her.

One can only wish...