On Monday, 58 Republican members of Congress signed a letter ordering that Supreme Court Justice Ruth Bader Ginsburg recuse herself from the case regarding President Donald Trump’s executive travel ban order.
While Trump was campaigning for president, Ginsburg described him as a “faker.” Consequently, Republicans now believe that Ginsburg is unable to make a fair decision due to her previous biases.
CNN reported that Ginsburg also commented on prospective of Trump as the next president, “I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president.”
At the time, Trump responded by claiming that the 83-year-old liberal judge had a mind that was “shot” and should step down from her position.
In the letter signed, Republicans claim that Ginsburg’s comments about Trump are “incompatible with her judicial role.”
“As an Associate Justice of the Supreme Court, you are required to recuse yourself in cases in which your ‘impartiality might reasonably be questioned,’ and where you have ‘a personal bias or prejudice concerning a party,” the letter read.
28 U.S. Code § 455 states, “any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” The statute continues “he shall also disqualify himself…where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding.”
According to this statute, the 58 Republican members of Congress believe that Ginsburg will demonstrate impartiality and should therefore, recuse herself.
“There is no doubt your impartiality can be reasonably questioned; indeed, it would be unreasonable not to question your impartiality. Your participation in Trump v. International Refugee Assistance Project would violate the law and undermine the credibility of the Supreme Court of the United States,” the letter specified.
First reported by TheBlaze.