Dozens of Republican lawmakers sent a letter Monday to Supreme Court Justice Ruth Bader Ginsburg to demand that she recuse herself from weighing in on the pending travel ban case.
The letter came just hours after the court decided to hear arguments in October regarding President Donald Trump's travel ban. Until then, the court ruled that the revised travel ban, which the president issued in March, should take limited effect. The nine justices ruled that individuals from the six Muslim-majority Middle Eastern nations in question — Syria, Iran, Libya, Somalia, Sudan and Yemen — can only travel to the U.S. for a 90-day period if they have a "bona fide" relationship with someone already in the U.S.
The revised travel ban, as written, would have implemented a 90-day ban on anyone traveling to the U.S. from those six countries. It also barred refugees from entering the U.S. for 120 days. Monday's ruling did not affect the refugee provision of the travel ban.
International Refugee Assistance Project, a nonprofit organization, brought the pending litigation against Trump that resulted in the lower court ruling at issue.
Because of Trump's involvement in the Supreme Court case, and because Ginsburg has made multiple anti-Trump comments, 58 GOP lawmakers are now demanding that Ginsburg recuse herself from the case. In July 2016, Ginsburg called then-candidate Trump a "faker."
The left-leaning justice also said at the time of a potential Trump presidency, "I can't imagine what this place would be — I can't imagine what the country would be — with Donald Trump as our president," CNN reported.
The outspoken Trump later fired back, saying that the then 83-year-old Ginsburg's mind was "shot" and called for her to resign.
In their letter Monday to the left-leaning justice, the politicians wrote that those anti-Trump remarks are "incompatible with her judicial role."
“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," the letter stated.
According to 28 U.S. Code § 455, "any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." The statute adds "he shall also disqualify himself...where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding."
On this basis, the 58 Republican lawmakers claimed that Ginsburg is bound by law to recuse herself from the case.
“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 letter stated.
Among the lawmakers who signed the letter were Rep. Ron DeSantis (Fla.), Rep. Dave Brat (Va.), Rep. Mo Brooks (Ala.), Rep. Mark Meadows (N.C.), Rep. Jim Jordan (Ohio) and Rep. Steve King (Iowa.)
Letter to Justice Ginsburg by Jon Street on Scribd
(H/T: Conservative Review)
