Ruth Bader Ginsburg

Supreme Silliness

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Christopher Johnson at Midwest Conservative Journal makes the best argument I have seen yet on behalf of Donald Trump:  to see the look on Justice Ginsburg’s face as President Trump nominates her successor:

 

Elderly, senile woman publicly humiliates herself:

Unless they have a book to sell, Supreme Court justices rarely give interviews. Even then, they diligently avoid political topics. Justice Ruth Bader Ginsburg takes a different approach.

These days, she is making no secret of what she thinks of a certain presidential candidate.

“I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president,” she said. “For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.”

It reminded her of something her husband, Martin D. Ginsburg, a prominent tax lawyer who died in 2010, would have said.

“‘Now it’s time for us to move to New Zealand,’” Justice Ginsburg said, smiling ruefully.

Even some of Ginsburg’s friends can’t believe that anyone would be that stupid.

I find it baffling actually that she says these things,” said Arthur Hellman, a law professor at the University of Pittsburgh. “She must know that she shouldn’t be. However tempted she might be, she shouldn’t be doing it.”

Similarly, Howard Wolfson, a former top aide to Hillary Clinton and former New York City mayor Michael Bloomberg, said Ginsburg shouldn’t have said it.

And that’s really a key reason justices don’t talk like Ginsburg did. Sometimes they have to hear cases involving political issues and people. Having offered their unprompted opinions about such things can lead to questions about prejudice and potential recusal from future cases.

As [Jeff] Greenfield notes, Ginsburg was a part of the court that decided who the president was when the 2000 election was thrown to the Supreme Court, so this isn’t uncharted territory. Had she said something similar about either Bush or Al Gore, would she have been able to hear the case?

Louis Virelli is a Stetson University law professor who just wrote a book on Supreme Court recusals, titled “Disqualifying the High Court.” He said that “public comments like the ones that Justice Ginsburg made could be seen as grounds for her to recuse herself from cases involving a future Trump administration. I don’t necessarily think she would be required to do that, and I certainly don’t believe that she would in every instance, but it could invite challenges to her impartiality based on her public comments.”

Hellman said Ginsburg’s comments could muddy the waters when it comes to decisions not just involving Trump but also his policies — something that could come up regularly should he win the presidency.

“It would cast doubt on her impartiality in those decisions,” Hellman said. “If she has expressed herself as opposing the election of Donald Trump, her vote to strike down a Trump policy would be under a cloud.”

And did I happen to mention that the loopy old broad is a eugenics fan?

“Frankly I had thought that at the time Roe was decided, there was concern about population growth and particularly growth in populations that we don’t want to have too many of.” Continue reading

A Satire, Not an Instruction Manual

Infant’s flesh will be in season throughout the year, but more plentiful in March, and a little before and after; for we are told by a grave author, an eminent French physician, that fish being a prolific diet, there are more children born in Roman Catholic countries about nine months after Lent than at any other season; therefore, reckoning a year after Lent, the markets will be more glutted than usual, because the number of popish infants is at least three to one in this kingdom: and therefore it will have one other collateral advantage, by lessening the number of papists among us.

Jonathan Swift, A Modest Proposal (1729)

To sell abortion, arguments about feminism, a woman’s right to choose, equality, freedom, etc., are used for the masses, but the forces that were behind the drive to legalize abortion tended to be clear, at least when talking among themselves, that eugenics was the prime motivation.  Justice Ruth Bader Ginsburg, 81, remembers those days clearly, and, no doubt to the dismay of many contemporary liberals, tends to be fairly honest about that motivation.  Kevin Williamson at National Review Online examines how the eugenics motivation still is the driving force behind abortion:

 

Ruth Bader Ginsburg, having decided for some inexplicable reason to do a long interview with a fashion magazine (maybe it is her celebrated collection of lace collars), reaffirmed the most important things we know about her: her partisanship, her elevation of politics over law, and her desire to see as many poor children killed as is feasibly possible.

Speaking about such modest restrictions on abortion as have been enacted over the past several years, Justice Ginsburg lamented that “the impact of all these restrictions is on poor women.” Then she added: “It makes no sense as a national policy to promote birth only among poor people.”

This is not her first time weighing in on the question of what by any intellectually honest standard must be described as eugenics. In an earlier interview, she described the Roe v. Wade decision as being intended to control population growth, “particularly growth in populations that we don’t want to have too many of.” She was correct in her assessment of Roe; the co-counsel in that case, Ron Weddington, would later advise President Bill Clinton: “You can start immediately to eliminate the barely educated, unhealthy, and poor segment of our country,” by making abortifacients cheap and universally available. “It’s what we all know is true, but we only whisper it.”

In 1980, the punk band the Dead Kennedys released a song called “Kill the Poor.” In it, singer Jello Biafra considers the many benefits to be had from the policy he is singing about: the elimination of “unsightly slums,” the lowering of welfare taxes, reduction of overcrowding, reduction in crime, etc. “The sun beams down on a brand new day,” he declares, “Jane Fonda on the screen today convinced the liberals it’s okay.” To be sure, Mr. Biafra wasn’t singing about abortion; his tongue-in-cheek proposal was for the relatively antiseptic measure of striking poor neighborhoods and housing projects with neutron bombs, eliminating the populations but preserving property values. A ghastly and satirical proposal, to be sure, but not really so different from the case that Justice Ginsburg and others of her ilk make for eliminating those “populations that we don’t want to have too many of.”

“We only whisper it.”

The economist Steven Levitt, for example, has argued that abortion helped to bring down crime rates; that probably isn’t true, but it has not stopped abortion enthusiasts from incorporating crime-reduction into their case for killing the poor. Abortion as a tool of population control remains very much in vogue, particularly with international organizations: “To avoid a world with deteriorating social, economic, and political stability, with the concomitant loss of personal and national security, we must ensure that safe abortion is made available,” writes the American population-control activist and academic Steven Mumford, who also advocates mass sterilizations. Continue reading

Elena Kagan Says It Is Fine If The Law Bans Books

SCOTUS nominee Elena Kagan has argued before the Supreme Court that it’s fine if the Law bans books.

Her rationale?

Because the government won’t really enforce it.

I’m no legal scholar but this sounds like a 3rd grade argument.

Aren’t our nominees suppose to have better reasoning skills and a solid grasp of the U.S. Constitution?  As well as a fundamental understanding  of such concepts like Freedom of Speech?

Continue reading

Outrageously Anti-Abortion

Sometimes it’s all in the phrasing. The other day I read a mention of the annual Red Mass celebrated in Washington DC which quoted Justice Ginsburg’s explanation of why she no longer attends (though Justice Breyer, also Jewish, attends). The quote in full:

“Before every session, there’s a Red Mass,” Ginsburg said. “And the justices get invitations from the cardinal to attend that. And a good number of the justices show up every year. I went one year, and I will never go again, because this sermon was outrageously anti-abortion.”

Outrageously anti-abortion. Well.

Continue reading

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