Ruth Bader Ginsburg spoke with the BBC this week about the upcoming impeachment trial in the US Senate.
During her questioning Justice Ginsburg suggested that US Senators could be disqualified from the proceedings if they are not impartial.
Justice Ginsburg: “The House indicts, and the Senate tries. Should a trier be impartial? Of course, that’s the job of an impartial judge.”
Allahpundit wrote at HotAir about Ginsburg’s careless comments.
If Schumer or Pelosi (or whoever might have standing) sues McConnell and Graham, arguing that they’ve disqualified themselves from the trial, presumably SCOTUS could choose to hear that appeal. Could Ginsburg take part in that case now, having already stated her opinion that senators have a duty to be impartial as the triers of fact in impeachment? “I would not be surprised if some members of the Senate quoted RBG’s remarks to criticize their colleagues neutrality,” Blackman noted at one point in today’s post. Indeed. Ginsburg is now a player in this dispute, inadvertently or not, not just a potential adjudicator. Way to go.