Supreme Court Justice . Photo / AP

The unusual and apparently unprecedented battle of words between a
justice of the Supreme Court and a presumptive presidential nominee
continued today.
Justice Ruth Bader Ginsburg made it clear that
her criticism of Republican this week – that mentioned New
Zealand – was not the result of an unguarded moment.
She told a
CNN analyst in an interview today that Trump was a “faker” and said she
was surprised the media has not pressed him more to release his tax
returns.
Trump responded by telling a New York Times
reporter that Ginsburg’s comments were “highly inappropriate” and she
should leave her lifetime appointment sooner rather than later.
The
back-and-forth was an extraordinary confrontation. Usually the most
public interaction between the court and the political world comes at
the annual State of the Union address, where the justices sit stoically
among partisan cheers and catcalls.

Chief Justice John Roberts this year said the of
Senate confirmation hearings give the public the mistaken view that
justices are partisan. “We don’t work as Democrats or Republicans,” he
said.
But in interviews last week, Ginsburg made it clear her distaste for the New York businessman.
“I
can’t imagine what this place would be – I can’t imagine what the
country would be – with Donald Trump as our president,” Ginsburg told
the New York Times.
“For the country, it could be four years. For the court, it could be – I don’t even want to contemplate that.”
She said her late husband would have said: “Now it is time for to move to New Zealand”.
She
also told AP that she assumed Democrat Hillary Clinton would win the
November election. The 83-year-old Ginsburg was nominated to the court
in 1993 by President Bill Clinton.
Asked what would happen if
Trump won instead, she said, “I don’t want to think about that
possibility, but if it should be, then everything is up for grabs.”
Her
comments were met with a wave of alarm by many judicial ethics experts,
who called them surprising if not potentially recusal-worthy should a
legal issue involving Trump come before the court.

I think it’s a disgrace to the court, and I think she should apologise to the court

Donald Trump

But Ginsburg doubled down when she met for a previously scheduled interview with CNN’s Joan Biskupic.
“He is a faker,” Ginsburg said of Trump. “He has no consistency about him. He says whatever comes into his head at the moment.”
She
added: “He really has an ego. . . . How has he gotten away with not
turning over his tax returns? The press seems to be very gentle with him
on that.”
Trump got on the line with the New York Times‘ Maggie Haberman to respond.
“I
think it’s highly inappropriate that a Supreme Court
judge gets involved in a political campaign, frankly,” Trump said. “I
think it’s a disgrace to the court, and I think she should apologise to
the court. I couldn’t believe it when I saw it.”
Trump added:
“It’s so beneath the court for her to be making statements like that. It
only energises my base even more. And I would hope that she would get
off the court as soon as possible.”
Supreme Court spokeswoman Kathleen Arberg said Ginsburg had no comment on Trump’s reaction to her comments.
Nominations
to the court, Ginsburg has indicated, are at the heart of her concern.
There already is one vacancy, and Senate Republicans have refused to
hold a hearing on Judge Merrick Garland, President Barack Obama’s
nominee to take the place of Justice Antonin Scalia, who died in
February.
Ginsburg has noted that she and two others on the court will be 78 or older on Inauguration Day 2017.