As Ruth Bader Ginsburg Returns, Supreme Court Acts on Death Penalty and Pollution Cases

Feb 19, 2019 · 52 comments
L (Connecticut)
Were Brett Kavanaugh's questions "crisp and clear"? After his, "I like beer " rant before Congress, it seems that he's the one whose cognition should be under scrutiny.
spade piccolo (swansea)
Oh enough w the RBG superstar nonsense! Please! What are her great accomplishments in the legal profession? Answer: none. She is simply another creation of the Jewish Self-Promotion Brigade. Who didn't know those many years ago when they first read in this newspaper -- "and a dark horse has entered the race for the vacated SC seat, one Ruth Bader Ginsburg" that we were hearing the name of the next Supreme Court justice. To review: RBG was in on the most scandalous decision in SC history -- handing an election to the least qualified person in America. George W. Bush. Apparently it was beyond her capabilities to admonish her fellow justices: "Judges don't elect the president of the United States. The people do!" Is anyone alive today because RBG said to Scalia during intermission at one of the many operas they frequented: "You know, Tony... That guy you want to execute Tuesday, his lawyer was drunk and fell asleep during trial. You know that, don't you? And he's always protested his innocence." "Shh," says Anton. "Second half's about to start. It's when they kill the mayor. And his wife." Then there was her "off-the-cuff" criticism of Trump, which she apologized for. Funny she said nothing when Barack Obama was executing American citizens without a trial. Maybe slipping into an interview somewhere, "I think we're entering dangerous ground when were killing American citizens without trial." But she didn't. Why? Was it because the president was Obama? Or the victim Muslim?
Mark F 217 (Church Hill TN)
I didn't care for the reference to Justice Ginsburg asking "crisp and clear questions." Of course she did. I am more worried about Justice Clarence Thomas who went a decade without asking any questions.
Tielle (USA)
Current photographs or we don’t believe you.
vijay (india)
Justice Ginsberg is 85 but soldiering on in the hope a democrat president takes hold in the next term to replace her with a similar liberal. If Trump wins again, she may have to go on till she's 90 or more. And then if there's a republican president after that, she's got to give it up and let go.
Christopher P (Williamsburg)
No journalist worth his salt should feel the need to report, as done here, that RBG "asked crisp and clear questions" -- there would only have been something to report if she had not, since crisp and clear questions are her wont.
Areader (Huntsville)
Glad she back and well. She has been a real inspiration to young attorneys. One should note that women only got the right to vote 100 years ago. Sandra Day O'Connor was the first women on the Supreme Court and 2020 will likely be the first time we have a women president.
Miss Ley (New York)
Welcome back, Judge Ginsburg, and my warmest thoughts were with you earlier. You have given this American a renewal of hope on your return, and wishing you much comfort.
Dan (Philadelphia)
All the right trolls here says she's old and should quit. Then they ask why the author had to mention her answers were crisp and clear, as if that proves it. (Quite the opposite.) It's the Hillary trip = seizure nonsense again. They speak to truth. Lies and cheating is all they have. They really cannot stand to see a woman who is superior to them in just about every way possible.
hotGumption (Providence RI)
Welcome back Wonder Woman.
Girish Kotwal (Louisville, KY)
RBG is back but for how long? Just as we have term limits we should have some limit for justices. Say 15 years. Chief justice should also rotate every 5 years. Time for a change
AR (Virginia)
FYI, for those wondering: Oldest SC justice ever at the time of retirement or death was Oliver Wendell Holmes in January 1932. Born in March 1841, he was 90 years 10 months old when he called it quits and let Herbert Hoover pick his successor (who turned out to be Benjamin Cardozo). RBG was born in March 1933, shortly after FDR's inauguration and when Holmes was still living (he died in 1935). If she's still on the SC at the end of January 2024, she'll become the oldest serving SC justice ever. But of course, Donald Trump could still be president 5 years from now...and if Republicans are in control of the Senate in that presidential election year, you know they'll ask Donald to uphold his part of the Faustian Bargain and dutifully nominate the Federalist Society's preferred choice if RBG finally has to call it quits just shy of her 91st birthday or a little bit after that.
Dave Oedel (Macon, Georgia)
Life tenure for justices was understood at the framing of the Constitution as desirable to insulate the justices from political pressure, although the impeachment possibility was retained. Short of impeachable misconduct, Justice Ginsberg should continue as long as she sees fit. Though I sometimes object to her leftist slants, I respect her commitment to the office. She dignifies the robe.
Mark F 217 (Church Hill TN)
@Dave Oedel I agree that life tenure for Supreme Court justices insulates them from political influence. What do we do if a Supreme Court justice develops dementia or mental illness? This has happened in the past. Do we need a procedure to evaluate and possibly remove afflicted justices from the high court? Here is a well researched article titled "Mental Decrepitude on the U.S. Supreme Court: The Historical Case for a 28th Amendment." Something to think about. https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=5893&context=uclrev
Sage (California)
Delighted to see you back on the Court! We need you there--more than ever!
Neill (uk)
UK judges are put out to pasture at 75 if they started before 1995 when the law changed, 70 if they started after. It's just a fact of life that old folks suffer from cognitive decline. In this case I really hope she hangs on until 2020 though. Coming on top of the stolen merrick seat and blatant partisan corruption of the court, another trump appointee will confirm it as a rubber stamp on partisan issues for the foreseeable future.
Helmut Wallenfels (Washington State)
@Neill "It's just a fact of life that old folks suffer from cognitive decline. " Some do and some don't. Article III seems to assume that old age is not a disqualifier.
Dan (Philadelphia)
"Tuesday’s argument was a technical one, considering whether the federal government may challenge patents in a specialized court. Justice Ginsburg asked crisp and clear questions of both sides, and she seemed to express skepticism of one aspect of the government’s argument."
vijay (india)
@Neill In many american states too, there's some sort of term limit for judges (if elected) or retirement age (if appointed). But federal judges can go on till they themselves decide to hang up their boots, with pension that's equal to the salary they earned, so salary is not a consideration. I don't think retired judges in the UK enjoy that arrangement. So far the federal system has worked. Judges who may feel feeble choose to retire on their own. There are those who are fit well into their 80's and there's no reason they shouldn't carry on.
Jeweler Mindie (Torrance, CA)
So grateful she's back! Measured and wise ... rare qualities these days among those in high places. "Notorius" for all the right reasons.
Neil (Texas)
I was expecting comments of the type welcoming RBG as a savior. Folks, she is just 1 of 9. I am in no position to say if she should step down. She knows it best. But let's not make it as if our future depends on one Justice. It makes other justices - all bright and healthy - irrelevant.
Bill (Nyc)
Well she rolled the die and all progressives must now hope she outlives Trump. Notice much younger conservatives resigned to make way for young conservatives. But hey we get a movie out of it.
Sage (California)
@Bill Your point? Blame Mitch McConnell for being a power-hungry THUG who spit on the Constitution when he didn't allow Justice Merrick to get a vote from the Senate. Frankly, I don't want to hear anymore about Ginsburg---what's frightening is to have a Senate Leader who is so willing to subvert the Constitution.
Dan (Philadelphia)
Everyone should hope she outlives Trump.
Charlie B (USA)
I wish she had had the good sense and humility to retire early in the Obama presidency, with a Democratic majority in the Senate ready to confirm a successor. Now it’s too late, so I hope she can stay healthy until Trump has been flushed away by the voters.
Dharma reyes (nyc)
flushed away. ..so adeptly phrased......
arjayeff (atlanta)
@Charlie B I believe RBG has all the good sense (!) and humility she needs: how presumptuous of you to comment on the good sense of this ground-breaking woman. We all pray that she stays healthy, but shame on you for trying to second guess her decision to stay on the court.
Charlie B (USA)
@arjayeff As an American citizen I have a deeply vested interest in the composition of the Court. There’s nothing presumptuous about asking the Justices to think strategically, and to subordinate their personal desires to the good of the country. Trump and the Republican senate are transforming the federal judiciary for generations to come. With one more right wing Justice, SCOTUS will be a force for evil that lives long after Trump and McConnell are gone. So yeah, I wish RBG had retired under Obama and avoided putting the country at risk by insisting on staying when her health was so precarious. I make no apologies for that.
Brad (Oregon)
And if Bernie and his supporters have any say, trump will get to nominate her replacement.
Areader (Huntsville)
She is great. I wish her well. Coming back to a patent case must be hard. I am a retired patent attorney and know this is not one that will tax her intellect.
SF Reader (San Francisco)
I have seen her speak recently, and I encourage all readers to watch one of her recent talks on YouTube. You cannot but come away with the impression that she is not well...well done maestro but time to put down the baton.
Katie (Philadelphia)
I sat directly facing her a few months ago, in the second row of the Supreme Court, and heard her read a dissent in a case. She looked frail when she walked into the room, but when she started speaking, I saw the intelligent, strong, courageous woman who is my hero. I honestly don't know what you're talking about.
Tom (Hudson Valley)
@SF Reader I agree... but I can't deal with acknowledging it. The alternatives are just too scary to consider.
SF Reader (San Francisco)
She was unable to hold her head up and spoke very, very slowly, almost painfully so...it was an awkward experience. Maybe she’s had better days and speeches but she’s also had poor ones
zula Z (brooklyn)
Welcome back, Justice Ginsburg.
Phyliss Dalmatian (Wichita, Kansas)
Best wishes, Madame Justice. You are greatly respected, and dare I say it, LOVED. Notorious, indeed.
Rolf (Grebbestad)
She should step down.
Bob Wessner (Ann Arbor, MI)
@Rolf on what do base this judgment?
L (Connecticut)
Rolf, Someone should step down, but it's not R.B.G., it's D.J.T.
Kris (South Dakota)
@Rolf Rather see Thomas go!
L (Connecticut)
"Justice Ginsburg asked crisp and clear questions of both sides, and she seemed to express skepticism of one aspect of the government’s argument." The "crisp and clear questions" phrase seems to imply that Justice Ginsburg has lost her faculties. At 85, Ruth Bader Ginsburg is 10 times sharper (and vastly more intelligent) than Donald J. Trump.
KayVing (CA)
@L Or Clarence Thomas, come to that...
R. Williams (Warner Robins, GA)
@L That's odd. I read "crisp and clear questions" as saying her questioning showed no indication whatsoever that she had lost her faculties. If you have read many transcripts of or listened to recordings of Supreme Court arguments, her questions tend always to be "crisp and clear," although she, like all of the justices, sometimes have to clarify what they are asking the attorneys because the attorneys, being attorneys in argument, often try to answer the questions they wished a justice had asked.
Nativetex (Houston, TX)
@L And vastly more intelligent, perceptive, and able to interpret than those that snipe at her because she is so highly regarded and not a blind reactionary. You go, girl.
KiKi (Miami, FL)
Finally some good news! If it were not for Leader Nancy Pelosi and Justice Ginsburg, where would we be in 2019 with so much disappointment and corruption all around? These women are amazing and they teach us all that with years of a full life comes much wisdom, especially from such women. I take their words, advice, and actions as great guidance towards being a better person and more effective as a woman. Their lives have been exceptional and love reading more news about them...gives support to the idea that a woman in the white house could be quite transformational. So happy for Justice Ginsburg and wish her the best 2019 and beyond - she deserves it!
KiKi (Miami, FL)
@Johnny Stark Anyone who has reached at least their mid to late 30's knows that only with time do we become wiser an reflecting back I think it is clear for about everyone. She should learn from these woman - any others with their life experiences. She has lucked out to have a lot of attention but it can easily become an Achilles heel if not used with deep thought, much study of policy/impacts/real life policy scenarios, and sound strategy. She is walking into a lion's den so, in my opinion (someone who would love a do-over for anything intellectual or life-wisdom related in my 20's and even 30's), she must take her time, work with colleagues b/c fame is fleeting but all Americans are depending on the Dems for a lot in 2019 and next decade - easily life and death for many. Ego can catch and catapult men and women into what they did not expect once the puffery and glitter goes away...fingers crossed she is listening to and learning from many right now.
Jeweler Mindie (Torrance, CA)
@Johnny Stark It leaves AOC off to a good start!
Diana Kitch (Wichita, KS)
@Johnny Stark Depends on where your start. Also depends on what women are allowed to become in any given time period. All of us can learn from our experiences. AOC is young, bur VERY SMART.
Bob White (Rockport, ME)
“Crisp and clear questions”- interesting thing to need to reassure us about.
zula Z (brooklyn)
@Bob White I think that "crisp and clear' implies that she is feeling well and strong, and has recovered from her surgery.
r mackinnon (concord, ma)
On another day of disturbing news and bizarre tweets (0r is the other war around?), I stubble across this uplifting article. The brilliant and erudite RBG is back on the bench, cancer free, asking 'crisp questions,' and upholding the rule of law. Thank you RBG ! Thank you NYT !
Pat (IL)
@r mackinnon Exactly! Crisp and clear was NOT what we heard from Trump last Friday!