Justice Ginsburg shows us (again) that law is not politics

I have decried the calls for Justice Ginsburg to resign and the blatantly political calculations that drive those calls. See here and here. In a rare interview with the New York Times on Sunday, Ginsburg explains that she will retire when her health declines and not before. She is unconcerned with the political leanings of the President who will nominate her successor. And that is true even though the Justice believes that the present Court is unusually activist.

Thanks to Justice Ginsburg, even legal realists (like me) can still believe that law is not politics.


PS Again, thanks to How Appealing. What an incredible free resource.

4 responses

  1. It is all fine and dandy for Justice Ginsberg to await her final hours before retiring and not do so based upon the nature of her likely successor. But, take note that you would never hear such a statement from any of the conservative justices, which explains why the liberals of the world will always lose these battles over the ideological control of the federal judiciary. They simply are not willing to do what needs to be done, particularly on appointments. This is perhaps one of the least-covered and publicized political stories of our times.

  2. A couple of thoughts, perhaps a bit off the wall. First, Mr Stowers’ remark is interesting, in that he’s making exactly the same argument for why, according to some circles, conservatives are doomed to lose: conservatives are all about principle, while liberals are all about doing what it takes to win.

    Second, law is politics. At least civil law (as opposed to natural law) is, as civil law is our attempt to animate natural law in the context of community and nation. And that’s an entirely political activity.

    Oh, wait–you meant politics.

    Eric Hines

  3. Pingback: Just like federal trial judges, law professors can be both pompous and amusing at the same time « Hercules and the umpire.

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