Nina Totenberg Gets RBG on Tape: “You’ve Apologized So To Speak. Why?”

Must Listen.

Asked why she felt it was time to say she was sorry about the remarks, Ginsburg said:

“Because it was incautious. I said something I should not have said and I made a statement that reads, ‘On reflection, my recent remarks in response to press inquiries were ill-advised. I regret making them. Judges should avoid commenting on a candidate for public office. In the future I will be more circumspect.’ And that’s exactly how I feel about this whole business.”

Ginsburg responded, “I stand, Nina, by what I said. I would say yes to your question, and that’s why I gave the statement. I did something I should not have done. It’s over and done with, and I don’t want to discuss it any more.”

On that “blog post” error, see Nina’s earlier report:

Three days after the opinion was released, professor Richard Hasen of the University of California, Irvine said on his election law blog that the state does in fact accept the Veterans Affairs IDs. Upon confirmation of that fact by the Texas secretary of state’s office, Ginsburg amended her opinion.

Not surprising. What was surprising is that, according to Supreme Court spokeswoman Kathy Arberg, Justice Ginsburg instructed the press office to announce that the opinion had “contained an error” and that it was being corrected.

On Wednesday, the court announced the mistake and the correction.

Errors of this sort are not exactly rare. In this case, it appears that Ginsburg may have gotten the Wisconsin and Texas voter ID provisions, both before the court, mixed up.

Until the era of the blogosphere, however, this sort of mistake was the stuff of academic gossip. Now it is the stuff of academic blogs, which sometimes get picked up in the popular press. A more embarrassing mistake by Justice Antonin Scalia was caught by Harvard Law professor Richard Lazarus last spring; the error was quickly fixed, but it was not announced. Nor was another error made and corrected by Justice Kagan.

Ginsburg is the first justice to call the public’s attention to her own mistake.

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