JUSTICE GINSBURG: TIME TO RETIRE

It is spelled out in the Constitution and is basically expected by the citizens of the country that the Judicial Branch of the government is to be apolitical.  Justice Ginsburg has over the last couple of years become more and more politically outspoken.  Now she is pushing it one step too far by refusing to attend the State Of The Union speech by President Trump tonight.

Here is the basic problem with the path Justice Ginsburg has taken lately.  By becoming more outspoken politically, it puts a question in the minds of those going before the court that they will have a fair shake at their arguments being taken with an objective and open minded Supreme Court.  The people of this country deserve to be given at least that when they go into any court in the land.

It would be foolish to think that the founding fathers actually would think that a member of the judiciary would not have personal philosophies.  Of course they do.  These are intelligent citizens who have a well versed knowledge of judicial procedure and the constitution.  However judges and justices are expected to check their own philosophies at the door as they enter into the court room.  They are to do their best to be impartial and open minded on all levels of the judiciary in this country.

Every time a justice gives an interview or makes a speech, their philosophy will come out.  It always has and always will.  There is a difference between expressing a philosophy and making political statements that concern the politics of the day.  It is possible to talk about philosophy without expressing your hard political stand.  Justice Ginsburg use to do that all the time.

I have watched and listened to several talks or interviews of members of the Supreme Court staying with philosophy and staying away from politics.  During the confirmation hearings for the Justices, often they do not respond to questions that would reveal political beliefs, staying strictly with philosophical questions.  Even Justice Soto-Mayor was able to accomplish that.

Bottom line of this short essay is this.  A member of the judiciary, whether it is a local civil judge or a Supreme Court justice, they are to present themselves at all times as a neutral party going into a trial or oral arguments.  Once this is broken, once a judge or justice makes a personal agenda public, then the trust that all citizens put in getting a fair trial or hearing is compromised.  Just to make it clear, I have always had a great deal of respect for Justice Ginsburg up until now.  I have respect for any member of the judiciary.  It is not easy to present yourself as neutral or more important to actually be neutral while court is in session.  I have respect for Justices that fall on either side of center as long as they are open minded.  The interviews Justice Ginsburg has given over the last few years have put that neutrality in jeopardy and not attending the State of the Union as a statement of protest against the President crosses the line.  No longer can every citizen in this land go before the Supreme Court and feel like they have an equal and the uncompromising attention of Justice Ginsburg.  It is time to retire when the citizenry can no longer have that faith.