There is no good, substantive reason why Ginsburg and Sotomayor should recuse themselves. So why is Trump bringing this up now? jonathanchait writes
Photo: Alex Wong/Getty Images President Trump defied presidential campaign norms by refusing to disclose his financial information. He then defied the clear legal authority of the House of Representatives to scrutinize that information, instead exhausting a series of wild legal appeals in hopes of running out the clock.
The pretexts for this demand are as follows. Ginsburg criticized Trump in 2016 — a serious breach of court decorum — before subsequently apologizing. It is not clear what reason Trump would have for demanding her recusal now, several years later. “She’s trying to shame people with a different view into voting her way, and that’s so inappropriate,” Trump complained. In other words, Sotomayor’s offense is to try to make arguments in her written dissents that persuade other justices to change their minds. That is not a cause for recusal, it is literally the job description for a Supreme Court justice.
There is, in sum, no good, substantive reason why Ginsburg and Sotomayor should recuse themselves. The question becomes, why is Trump bringing this up now? Presidents have every right to criticize the logic of court rulings, but questioning the legitimacy of the court is a far more provocative step.
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