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Rep. DeSantis and others demand Justice Ginsburg recuse herself

Conservative Review

Fifty-eight members of Congress are demanding that Supreme Court Justice Ruth Bader Ginsburg recuse herself from hearing the challenge to President Trump’s travel ban due to “demonstrated bias against President Trump.”

In a press release, Rep. Ron DeSantis, R-Fla., said that Ginsburg’s “anti-Trump” bias precludes her from being fair and impartial in hearing the case against the Trump administration’s temporary moratorium on travel from select failed Middle East states.

"Justice Ginsburg has launched a number of political attacks against Donald Trump and such attacks are incompatible with her judicial role," DeSantis said. "Ginsburg has demonstrated an anti-Trump bias and her actions have caused her impartiality to be in question. She must follow the law and recuse herself from this case."

The text of the letter reminds Justice Ginsburg, “As an Associate Justice of the Supreme Court, you are required to recuse yourself in cases in which your ‘impartiality might reasonably be questioned,’ and where you have ‘a personal bias or prejudice concerning a party.’”

During the 2016 presidential campaign, Justice Ginsburg made several disparaging comments against President Trump, including telling CNN Trump “is a faker” in July 2016.

"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? The press seems to be very gentle with him on that," Ginsburg said.

The letter notes that Ginsburg, asked about the possibility of a Trump presidency, remarked “I don’t want to think about that possibility, but if it should be, then everything is up for grabs.” The letter also cites the New York Times and the Washington Post as “friendly media outlets” that “harshly criticized” Ginsburg’s conduct. Liberal law professor Alan Dershowitz has echoed these criticisms, calling on Ginsburg to recuse herself.

“You are bound by law to recuse yourself from participation in this case,” the letter concludes. “There is no doubt your impartiality can be reasonably questioned; indeed, it would be unreasonable not to question your impartiality. Your participation in Trump v. International Refugee Assistance Project would violate the law and undermine the credibility of the Supreme Court of the United States.”

The Supreme Court announced on Monday that it would hear the case on President Trump’s revised executive order on immigration. It will hear arguments in October.

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