NRL News

Justice Ginsburg tells Elle magazine she isn’t going anywhere

by | Sep 24, 2014


By Dave Andrusko

Supreme Court Justice Ruth Bader Ginsburg

Supreme Court Justice Ruth Bader Ginsburg

Well…that was one heck of an excerpt from the full interview of pro-abortion-to-the-hilt Justice Ruth Bader Ginsburg that will appear in the October issue of Elle magazine. None of this nonsense about Supreme Court Justices perhaps ever-so-slightly holding their guns.

Instead, Ginsburg, who has been on the High Court since 1993, directly bashed fellow Justice Anthony Kennedy, Congress, the “Hobby Lobby” decision, while she was more discrete when criticizing affluent younger women and President Obama who (as we know) had used the prospect of her possible resignation prior to the November elections as red meat to gear up Democratic activists.

To jump ahead, Ginsburg made it unmistakably clear she isn’t going anywhere. Here are a few highlights from the excerpts that appear at

#1. Who is the worst person in the world? (I exaggerate, slightly, for effect.) Justice Kennedy. Asked by the interviewer why “the pendulum has swung in a very conservative direction for women’s rights”—aka, abortion, Ginsburg responds

“To be frank, it’s one person who made the difference: Justice [Anthony] Kennedy. He was a member of the triumvirate used to [reaffirm] Roe v. Wade in the Casey case, but since then, his decisions have been on upholding restrictions on access to abortion.”

Not a shot across the bow but through the bow. Note that the 1992 Casey decision laid the groundwork for commonsense limitations on an absolute right to abortion. That and subsequent Supreme Court decisions were hardly revolutionary. Justice Sandra Day O’Connor, Ginsburg’s heroine, voted for Casey, realizing that the trimester basis for Roe had grown untenable. They scoured around for a new basis: “undue burden.”

#2. Justice Ginsburg politely scoffs at Congress. Asked “Do you think the pendulum might swing back in a more progressive direction on women’s rights in your lifetime?” Ginsburg answers, “I think it will, when we have a more functioning Congress”—aka one that advances Ginsburg’s preferred policies.

Click here to read the September issue of
National Right to Life News,
the “pro-life newspaper of record.”

Worth noting is that she tells Elle that judicial “activism,” like beauty, “is in the eye of the beholder. If a judge is called an activist, you know the person saying that doesn’t like the decision.”

Likewise, for a “more functioning Congress.” The Republican-led House passes pro-life measures that have strong public support, such as the Pain-Capable Unborn Child Protection Act. The Democratic-lead Senate sits on them, fearing to make pro-abortion Democrats vote on such measures.

#3. Hobby Lobby. “I think 50 years from now, people will not be able to understand Hobby Lobby.” To be clear, as National Right to Life pointed out when the decision was rendered, the ruling provided a modest victory for religious conscience rights. However, the ruling did not truly correct any of the major abortion-expanding problems created by Obamacare. The dissenters presented the decision as the beginning of the end rather than what it was. Ginsburg continued the mantra.

#4. Affluent younger women. After trashing the Hobby Lobby decision, Ginsburg pivoted to abortion (“choice”). “[A]nd I think on the issue of choice, one of the reasons, to be frank, that there’s not so much pro-choice activity is that young women, including my daughter and my granddaughter, have grown up in a world where they know if they need an abortion, they can get it.” This is a familiar lament among the generation that crusaded to make abortion legal everywhere for every woman and paid for by every taxpayer. And then there is

#5. President Obama. You can read her remarks a number of different ways but most obvious is as a thinly-veiled critique of Mr. Obama. Elle asks, ’’I’m not sure how to ask this, but a lot of people who admire and respect you wonder if you’ll resign while President Obama is in office.” (In other words, resign to make sure a Democrat is appointed to the Court in case the Democrats lose control of the Senate this fall.)

Ginsburg responds

“Who do you think President Obama could appoint at this very day, given the boundaries that we have? If I resign any time this year, he could not successfully appoint anyone I would like to see in the court. … [A]nybody who thinks that if I step down, Obama could appoint someone like me, they’re misguided. As long as I can do the job full steam…. I think I’ll recognize when the time comes that I can’t any longer. But now I can.”

Translation? I can do the job just fine, young fella. You couldn’t appoint someone I’d like [someone exactly like Ginsburg]. So stop bugging me.

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Categories: Supreme Court