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I’m with Her: RBG

July 18, 2016

In her candid remarks about Trump, Justice Ginsburg was telling us that, in the face of evil, justice requires that no one remain silent. I think that was her impulse.

Scalia implicated the Court in Republican unethical behavior, especially with the loud voice of the theft of the 2000 election. The explicit results include the lives lost and damaged, and more yet to be lost and damaged, from the invasion of Iraq, the militarization of our police and tearing apart of our civil society, and the enormity of the present threat to our democracy itself.

Scalia is a prime example of the need for ethical behavior, but let’s not pretend that the ethics of the American justice system can be redeemed or protected with judicial decorum in the face of fascism (American style).

No one is innocent on a Supreme Court. Many Justices are remarkable for upholding the ethics that are required for sustainable justice, but there may come a time when no one can be an innocent. Thus we require justice with mercy, and humility, not purity.

Justice Ginsburg has caught herself in time, and in time. She has looked around, and she has looked, around. She said in her apology that in the future she will be “more circumspect.”

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