We respect Justice Ruth Bader Ginsburg but are deeply disappointed by her comments concerning a presidential candidate. The absence of such comments leaves the Supreme Court, and the perception of the court, to be above politics, and it avoids any issue or concern if the candidate is elected and his or her action or conduct is called into play before the judiciary. Justice Ginsburg’s expression of regret is welcome, but it does not unsay what she has said. Unfortunately, she has opened the door to accusations of bias or demands for recusal in particular matters including those that may arise about the election and the Office of President.
Canon 5 of the Code of Conduct for U.S. Judges and canon 7 of the New Jersey Code of Judicial Conduct require a judge to “refrain from political activity,” including endorsement of or opposition to a candidate. If the federal code applied to the U.S. Supreme Court, Justice Ginsburg would be in violation. It does not, but we believe the court should adopt it or some code of ethics to govern the court and assure transparency. The U.S. Supreme Court should lead by example.
