ConfirmThem

By Marshall Manson Comments () / Email this page » / Leave a comment »

The Associated Press reports that Justice Ginsburg made an interesting declaration to a New York City Bar Association audience yesterday:

Ruth Bader Ginsburg told an audience Wednesday that she doesn't like the idea of being the only female justice on the Supreme Court. But in choosing to fill one of the two open positions on the court, "any woman will not do," she said.

There are "some women who might be appointed who would not advance human rights or women's rights," Ginsburg told those gathered at the New York City Bar Association.

The retirement of Ginsburg's colleague Sandra Day O'Connor has fueled speculation about whether President Bush will nominate a woman to her position.

[snip]

Ginsburg stressed that the president should appoint a "fine jurist," adding that there are many women who fit that description.

"I have a list of highly qualified women, but the president has not consulted me," she added during a brief interview Wednesday night.

I have enormous respect for the nine wise souls that comprise the Supreme Court, but these comments are beyond the pale. Justice Ginsburg has seen fit to ignore customary practice and wade into a political thicket. Most federal judges -- and certainly Supreme Court justices -- go out of their way to avoid making political pronouncements. They understand that opining on political matters only cheapens their stature and calls their objectivity into question. Obviously, Justice Ginsburg's ideology is well known. She worked for the ACLU before joining the bench. But her own judicial standards ought to overcome any desire that she might have to spout off publicly about a political question.

Obviously Justice Ginsburg has no role in the judicial selection process. But by volunteering that she has a list of "qualified women" who will " advance human rights [and] women's rights," she raises disturbing questions about her judgment.

Now, let me be clear. I do not support calls for impeaching judges for stuff like this. But I would hope that Justice Ginsburg will hear the concerns of prudent observers and reject such behavior in the future.

Hat tip to Orin Kerr at Volokh.

UPDATE: Ed Whelan has weighed in at Bench Memos.