Judges and Presidential Politics
Posted By Cliff Tuttle | July 14, 2016
No. 1,269
Summary: Justice Ginsburg’s comments about Trump are unusual but not unique.
About a year ago, Judge Richard Kopf discontinued his blog “Hercules and the Umpire” after running a post stating that Ted Cruz was not qualified to be President. Although Kopf denied that there was a relationship between the post and the curtailment of the blog, he admitted that the public statement was a mistake.
Justice Ruth Bader Ginsburg’s remarks on the presidential race brought a flood of criticism, but will probably not bring any lasting consequences. Political comments on candidates are not without precedent and political participation by judges was once common. Justice Michael Musmanno actively campaigned for John F. Kennedy in 1960, even making stump speeches. He communicated with campaign manager Robert F. Kennedy, suggesting that the campaign hold a Columbus Day event. In appreciation for these efforts, Kennedy interviewed Musmanno as a potential Supreme Court nominee and invited him to a Columbus Day ceremony in the Rose Garden. Musmanno ran for the Senate (he said that Kennedy suggested it) while still a member of the Pennsylvania Supreme Court.
Of course, rules have changed and undoubtedly for the better.
CLT