Fox News host Gregg Jarrett penned an op-ed Monday asking Supreme Court Justice Ruth Bader Ginsburg to recuse herself from the expected high Court showdown over President Donald Trump’s travel ban.
The op-ed comes as the Supreme Court of the United States strongly signaled they will take up the government’s petition to review the ruling of the U.S. Court of Appeals for the Sixth Circuit in Trump v. International Refugee Assistance Project. The Court has asked for expedited briefing in the case, perhaps suggesting, in an unusual move, the hearing will come this summer, when the Court typically does not hear cases.
Uncharacteristically for her or Supreme Court Justices in general, Ginsburg was quite candid with the press over her feelings about the man who would become president, Donald Trump.
In calling for her to recuse herself from considering Trump v. IRAP, Jarrett quotes Ginsburg saying:
I can’t imagine what the country would be with Donald Trump as our president. For the country, it could be four years. For the court, it could be –I don’t even want to contemplate that.
and
He is a faker. He has no consistency about him. He says whatever comes into his head at the moment. He really has an ego. How has he gotten away with not turning over his tax returns?
Jarrett goes on to cite the mandatory language of the federal recusal statute, 28 U.S.C. § 455. “Any justice…shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned,” it reads.
As a practical matter, a Justice of the Supreme Court judges for himself when recusal is necessary. No other organ of the government can compel him to do so. Jarrett, however, contends, “The noble traditions of the Supreme Court will be compromised should Ruth Bader Ginsburg decide she is above the law and beyond the scruples it demands.”
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