Ruth Bader Ginsburg’s reckless remarks could affect Kansas races

U.S. Supreme Court Justice Ruth Bader Ginsburg was wrong to issue a stinging public criticism this week of Donald Trump — and right to essentially apologize on Thursday.

Ginsburg had called the GOP presumptive presidential nominee a “faker” while saying, “I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president.”

Trump first called on Ginsburg to resign, later saying, “I think it’s a disgrace to the court, and I think she should apologize to the court.”

In a follow-up statement, Ginsburg said her remarks were “ill-advised,” properly adding, “Judges should avoid commenting on a candidate for public office.”

Ginsburg’s expression of her personal views about Trump damaged the Supreme Court’s reputation. They fed into the conception that many Americans have of the court, that its decisions on the most crucial legal cases in the land are based purely on political leanings.

Of course, those leanings do play a part in the rulings. But it’s best for Ginsburg and the other justices to express any such views in their written opinions. The rule of law must truly decide these cases as often as possible.

Unfortunately, the contretemps over Ginsburg’s statements could reach all the way to Kansas this fall.

Five state Supreme Court justices are up for retention, and a wide range of conservative Republican officials are urging voters to oust four members for their allegedly liberal views.

The justices do not campaign for retention, leaving that task to supporters. This newspaper so far has been among them. We have not seen wrongheaded public expressions of political opinions from the justices. Instead, they are being singled out largely for rulings that displease some politicians and pro-life groups.

The outspoken Ginsburg, however, has given more ammunition to these critics. She has made it easier for them to contend that Kansas justices may hold similarly “liberal” viewpoints, even if they don’t put them in the media.

Her remarks could cause widespread and long-lasting harm to the entire judicial system.

This story was originally published July 14, 2016 at 5:17 PM with the headline "Ruth Bader Ginsburg’s reckless remarks could affect Kansas races."