“Justice Ginsburg fails an important test of judicial ethics”

Jonathan Adler:

So, Ginsburg participated in a case in which she repeatedly disparaged one of the parties and expressed a strong preference for that party’s defeat in the very election that was the subject of the case. This was unethical of her to do. She should have recused.

One possible defense of Ginsburg’s failure to recuse is that (as far as I am aware) no recusal motion was filed. This is a fair point. Yet there is no question that Ginsburg was aware of the issue. After making her comments, she was subject to substantial criticism (including commentary that noted the recusal obligation she had created) and she acknowledged the inappropriateness of her remarks in her statement expressing regret.

My earlier post on the recusal question is here.

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