The following is an excerpt from Barbara Streisand | July 15, 2016 | Huffingtonpost.com |
While Justice Ruth Bader Ginsburg apologized for her remarks on Donald Trump last week, politicians and the media who did backflips to criticize her are rewriting history. Strong, opinionated women, like “The Notorious RBG,” are always criticized. She spoke what many people already feel about the utterly unqualified Donald Trump. Her comments deserve a deeper analysis beyond subjective punditry or sanctimonious Tweets.
It is worth watching Lawrence O’Donnell’s piece taking the issue out of the headlines and putting it in context. There has been clear precedent for Supreme Court involvement in elections prior to Justice Ginsburg’s opining.
The first justice of the Supreme Court, John Jay, ran for Governor of New York twice during his service. Three other Supreme Court justices ran for presidential nominations while serving and continued to serve after they lost their campaigns. As O’Donnell points out, a surprisingly erroneous Washington Post piece said, “Supreme Court experts I’ve spoken to were unaware of any justices getting so directly and vocally involved — or involved at all, really — in a presidential campaign.” Staying out of political campaigns is actually a recent tradition, despite what the media is yelling.
In 2000, Justice Antonin Scalia was the justice who stopped the recount in Florida with an unprecedented injunction favoring George Bush. He then was one of the five Republicans on the Court who overruled the Florida Supreme Court and installed George Bush in the White House. The vast majority of the 5-4 decisions since the Justice Rehnquist era, when Republicans had the Court majority, have not deviated from GOP orthodoxy and favoritism. For instance, the Citizens United decision overwhelmingly results in more financial support on behalf of Republican candidates.
In 2004, it was public knowledge that...
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