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Justice Ginsberg outs Roe vs Wade
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07-14-2009, 09:03 PM
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LottiFurmann
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Of course, but this would be like interviewing Clarence Thomas about Dred Scott prior to a hearing over another Black Justice. The context merits it.
Chief Justices do write opinions... and even memoirs, while serving.
The idea isn't to have an opinion, it's to have a judicial one, which arrives at a fair ruling without bias, or prejudice. I'd think it would be best for our Justices to cut themselves off from these types of interviews where they're editorializing though. I don't think she offers any insight into how she interprets law, but we now know she recognizes a woman's right to chose as a human, and equality right, which could not be repealed without issue from States where abortion was previously legal. That's an awareness of the ramifications her rulings may have, and I'm not sure that's acceptable.
That said, we do talk about liberal, or conservative judges, which means we expect a level of unfairness.
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