Bench Memos

Ginsburg’s Verbal Incontinence

There she goes again. (See “Justice Ginsburg as Chatty Cathy,” Parts 1, 2, 3, and 4.)

According to this National Law Journal article, Justice Ruth Bader Ginsburg, unable or unwilling to contain herself, somehow saw fit to answer a law student’s question on “what can be done to preserve the right [to abortion] in light of restrictions in Texas and elsewhere”:

“It will depend on women of your age if you care about this,” Ginsburg replied. 

“There will never be a time when women of means won’t have a choice,” Ginsburg said. She explained that even under “the worst case scenario” of Roe v. Wade being overturned, some states will still allow abortions. As a result, she said, “A woman who can afford a plane ticket or a bus ticket will have a choice. Women who won’t have that choice are poor women.”

Ginsburg did manage to hold back this time from arguing that abortion for poor women is necessary to avoid “growth in populations that we don’t want to have too many of.”

 

If Ginsburg’s comments strike you as consistent with the judicial role, imagine for a moment that Justice Scalia was dispensing public advice on how to advance the pro-life cause, exhorting young people to action “if you care about this,” and exploring what would happen in “the best case scenario” of Roe being overturned.

 

I’ll note that even Linda Greenhouse has remarked on the “increasingly chatty” Ginsburg.

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