Fix the Court executive director Gabe Roth issued this statement following the release of a House GOP letter calling on Justice Ruth Bader Ginsburg to recuse herself from the travel ban case:
The House GOP letter makes a compelling argument for Justice Ginsburg’s recusal, but remember, it is up to each justice – and each justice alone – to determine whether he or she should step aside from the case. There is no recourse or reprimand – save the high bar of impeachment – if Congress believes a justice’s non-recusal decision to be unlawful.
That said, just as Justice Scalia in 2004 publicly rebutted calls for his recusal from a case involving hunting companion Vice President Cheney, Justice Ginsburg should take this opportunity to explain to the American people her views on why she should stay on the case.
It is possible there are convincing reasons for Justice Ginsburg to hear the travel ban lawsuit despite her clear disdain for the petitioner. It is her responsibility now to air those reasons.