Imagine a Bush v. Gore type election this year, with the outcome subject to a Supreme Court vote. There will only be 8 Justices on the Court. If Ginsburg has to recuse, it produces a 4-to-3/conservative-liberal balance on the Court.
The irony! Ginsburg's horror at the idea Donald Trump winning the presidency could cause Donald Trump to win the presidency.
Here's the NYT interview where Ginsburg displayed her political feelings. What she said was: "I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president... For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.” And then, quoting her husband, she added, "Now it’s time for us to move to New Zealand." We're told she was "smiling ruefully."
IN THE COMMENTS: HoodlumDoodlum said:
Professor: how do you feel about Ginsburg's statement and/or her decision to make it?I don't think she really said that much. She just said "I can't imagine...." You have to flesh it out with ideas of your own for it to mean anything. I would have ignored it. I ignored the interview when it appeared in the NYT, even though I always read the Times and the story was pushed heavily on the front page. I was annoyed at the NYT playing to its readers in the usual way — fawning over Ginsburg, eager to serve up more Trump hate in what must have seemed to be a delicious new form. But when The Washington Post took it so seriously and interviewed lawprofs about recusal, it got interesting. I would have left her alone to have a little freedom of speech about politics, and it's helpful to the people to get some information on how political the Justices might be. What Ginsburg most clearly expressed is that she wants Scalia's seat filled with someone who's on her side.