Justice Ginsburg’s cheap argument

Last night, John criticized Justice Ginsburg for her speech in South Africa defending the use of foreign law and court decisions to interpretation of the American Constitution. I suggested that a good case can be made that Ginsburg should be impeached. That case will become even stronger to the extent that her willingness to use foreign law continues to inform her opinions.

In her South Africa speech, Ginsburg also argued that those who strenuously oppose her approach by pushing for legislation against it are inciting an “irrational fringe” that has made death threats (or at least one such threat) against her.

As Ed Whelan points out, it ill becomes Justice Ginsburg, a former ACLU lawyer, to “use the fact of threats against [her] to chill vigorous criticism of [her] actions.”


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