Constitutional Scholar Rob Natelson Weighs in on Supreme Court Justice Public Criticism of Donald Trump

Associate U.S. Supreme Court Justice Ruth Bader Ginsburg publicly let it be known recently, in no uncertain terms, that she was not a fan of presidential candidate Donald Trump. 

Her comments brought reactions from many quarters, conservatives, the news media, and of course, Donald Trump, who said Ginsburg's 'mind is going'.

KGVO News reached out to a regular guest on the talk Back show, Rob Natelson, Constitutional Fellow with the Independence Institute in Denver, Colorado. Natelson said there has been precedent in the past when justices spoke out on people and issues.

"William O. Douglas, for example, who sat on the court in the 1940's 50's and 60's, famously tried to run for president during the time he was on the court," Natelson said. "Abe Fortas was a cronie of Lyndon Johnson, and of course, the late Justice Antonin Scalia, who was Justice Ginsburg's best friend on the court, was very outspoken on issues. But, to my knowledge, this is the first time that a Supreme Court justice has made critical comments about a presidential candidate. in the middle of a campaign."

Natelson said, since there is no real governing body over the U.S. Supreme Court, the court itself would have to step in in such a situation.

"Probably what would happen, is that other members of the court would bring pressure on her to do exactly what she has done, to walk her comments back, and try never to say anything like that again," he said. "I will say that her comment about what the court would look like under a President Donald Trump is probably exaggerated because after all, anyone nominated by the President has to approved by the U.S. Senate, so the Senate works as a moderating influence."

Pundits are speculating that the next president may have the opportunity to nominate from two to three new members of the Supreme Court, making that one of the top issues to voters.