Supreme Court Justice Ruth Bader Ginsburg told NPR's Nina Totenberg that earlier comments she made about presumptive Republican nominee Donald Trump were "incautious". "It's certainly a little naïve to think Supreme Court Justices don't hold those political opinions".
Justice Ginsburg, a known liberal, has already stated that she would move to New Zealand if Trump were to win the presidency, also noting that she can not understand how Trump has been able to go on for so long without revealing his tax return statements. "I think it's a disgrace to the court, and I think she should apologize to the court. In the future I will be more circumspect", she added.
In an interview with the New York Times over the weekend, Ginsburg didn't hide her contempt for Trump, saying, "I can't imagine what the country would be - with Donald Trump as our president" and that her late husband would have said it was "time for us to move to New Zealand".
Ginsburg is aware of her remarks and probably has not changed her perspective regarding Mr. Trump. Larry is our main news editor. She could have let them stand for themselves and dealt with whatever consequences may have come from them if and when they came.
But on Thursday, RBG did take a couple steps back from the fight.
Trump is unlikely to be magnanimous and declare the controversy settled. The one situation where I could potentially see it applying would be if the election were to somehow end up in a situation similar to the 2000 election that resulted in legal disputes over the legitimacy of the outcome that called on the Supreme Court to make a decision that would effectively determine the outcome of the election as it did in Bush v. Gore. That case, though, was quite unique in American history and the odds that it's going to repeat itself are fairly low. She called her comments "incautious".
In the days since our conversation, the criticism of Ginsburg, 83, the senior liberal on the court, grew into a torrent, from Republican partisans as well as liberals who sympathize with her legal views.
Mark Tushnet, a law professor at Harvard University, said Ginsburg's comments reflected the divisive nature of today's politics, which had already affected the legislative and executive branches of government.
Ginsburg had drawn rebukes for calling Trump "a faker" and saying she didn't want to think about the possibility he might be elected. "The press seems to be very gentle with him on that", Ginsburg continued.