JUDICIAL ACTIVISM

"[Ruth Bader] Ginsburg [doesn't] like the idea that she might be the only woman on the Court. She said that the president should nominate a 'fine jurist' to replace Sandra Day O'Connor, and that she—Ginsburg—had 'a list of highly qualified women,' but, she continued, 'the president has not consulted me.' I wonder under which penumbra she fits this idea... Ginsburg has her list of prospective women nominees, because, as she said, the president must be particular to choose which woman, and just 'any woman will not do.' She said there are 'some women who might be appointed who would not advance human rights or women's rights.' Advance. Not interpret. Not apply the Constitution according to its principles to protect. Advance... Because Ginsburg believes her job is to 'advance human rights [and] women's rights,' she is, [under Title 28, US Code, Section 455], disqualified from ruling on those cases. Which means that she may not legally vote on any case that may affect Roe v. Wade or—for example, in the 'human rights' arena—any case that might affect the manner in which America treats terrorist prisoners in places such as Guantanamo Bay, Cuba."

---Jed Babbin

[Emphasis mine - H.H.]