Liberals fond of griping that the Supreme Court’s conservative Justices are too political should check in with Ruth Bader Ginsburg.The Supreme Court’s oldest Justice sat down with the New York Times on Friday to deplore Republicans and predict a coming liberal ascendancy. “I can’t imagine what the country would be—withDonald Trump as our President,” the Justice averred, adding that the possibility brought to mind her late husband’s advice: “Now it’s time for us to move to New Zealand.”
Justice Ginsburg also ran a victory lap at the results of the Court’s recent term after the death of Justice Antonin Scalia. Among the highlights, she noted, last month the Court upheld racial preferences in Fisher v. University of Texas in a 4-3 vote with Justice Elena Kaganrecused. Justice Anthony Kennedy wrote the opinion, which gutted an earlier opinion he wrote in the same case.
“I don’t expect that we’re going to see another affirmative action case,” Justice Ginsburg said. “I think [Justice Kennedy] comes out as the great hero of this term.” We wonder if Justice Kennedy appreciates the political shout-out.
Asked which precedents she’d overturn, Justice Ginsburg pointed to 2008’s Heller ruling that upheld the right to bear arms, calling it “a very bad decision” that could be overruled. Justice Ginsburg has previously said that without the need for a militia, the Second Amendment is “outdated” because “its function has become obsolete.”
Her other goal is overturning Citizens United v. FEC, which in 2010 restored First Amendment rights for businesses and unions. “It would be an impossible dream. But I’d love to see Citizens Unitedoverruled,” she said, thus signaling she’ll do everything she can to see that happen. She also boasted that she expected to be back in the five-vote majority soon.
We don’t recall another Supreme Court Justice so publicly telegraphing, outside a written opinion, a vote in a future case. No wonder so many Americans think the Supreme Court has become merely another political branch. Justice Ginsburg has confirmed it.