The Supremes

Justice Ruth Bader Ginsburg aka Notorious RBG has criticized Donald Trump as a faker and she has concerns about him being President. Trump has of course lost his mind over it and is engaging in his normal sandbox retaliation. That's fine, she criticized and he's punching back. He is as usual wrong on the facts. That would also be fine because that's Trump.

Unfortunately there is a whole bunch of people who are commenting on Ginsburg's statements, including politicians and the media. They are all incorrect in their framing of the issue and all are in need of a history refresher. I wasn't going to write about this kerfluffle until Speaker Paul Ryan said this, "political appointees should not be commenting on elections." Appointees Mr. Speaker? You are smarter than that. The United States Supreme Court is not a collection of appointees. Those nine Justices are a co-equal branch of government. They are nominated by the President, confirmed by the Senate and once they take the bench they are subject to no other bodies oversight and they serve for life or until they're sick of it.

There is nothing which prohibits Supreme Court Justices from making personal comments about politics or politicians in public. The Supremes are not a secluded religious cult cut off from society. They are fully formed human beings with opinions about everything. Ginsburg has every right to express her personal opinion. Justice Sam Alito has made it very clear he doesn't like Barack Obama and he is the President. That doesn't mean Alito cannot fairly judge a case involving the Obama Administration.

A history lesson shouldn't be required here but it is. Supreme Court Justices are not bound by the judicial ethics governing other judges which dissuade them from making political comments. Again the Supreme Court is a co-equal branch of the government and you don't have to take my word for it, read the Constitution.

Justices can run for other public offices while sitting on the bench. If the late Antonin Scalia had ever wanted to run for President he could have and remained a Justice while running. John Jay, you remember him, founding father and our first Supreme Court Chief Justice, he ran for Govenor of New York from the bench and lost. He ran again and won, then left the court. There are many more examples feel free to Google or go to one of those ancient buildings called libraries.

While writing this, Ginsburg has issued a statement saying she regrets her comments on Trump. It's not an apology but rather an expression of agreement with some who have criticized her. Fair enough on her part but it changes nothing.

This was, as the saying goes, a teaching moment, but I doubt that many students are paying attention. I bet most Americans believe that Supreme Court Justices are merely appointees and are forbidden to voice their opinions.

Too bad.