On NRO’s home page today, I have an essay titled “Injudicious Ginsburg.” Here’s an excerpt from its end:

For the very reasons that nominee Ginsburg recognized in her confirmation-hearing testimony, Justice Ginsburg’s gratuitous volunteering of very clear hints about how she will vote on an issue that she has never before addressed in a judicial opinion violates the judicial ethic of impartiality and requires her recusal from the pending marriage cases. Anything less would, in her words, “display disdain for the entire judicial process.”
Human nature being what it is, it’s not easy for a justice to recuse in a closely divided case that she obviously cares passionately about. This is exactly the situation Justice Scalia faced a dozen years ago in the wake of his public comments criticizing a Ninth Circuit ruling against the Pledge of Allegiance. As Slate’s Dahlia Lithwick wrote at the time, Scalia was “intellectually honest enough to know that he slipped,” and he thus “recused himself from what would have been one of the most important church–state cases of his career.” His recusal meant that “the court may well split 4–4 on the case, in which case the 9th Circuit’s decision will stand, for all the states in its jurisdiction.” (In the end, the remaining eight justices all voted to reverse the Ninth Circuit, five on grounds of lack of standing and three on the merits.)
We will soon see whether Justice Ginsburg is “intellectually honest enough to know that [she] slipped” and to recuse herself from the pending marriage cases.