Guests: Mark Joseph Stern, Arthur Hellman and Noah Feldman
Supreme Court Justice Ruth Bader Ginsburg is perhaps attempting to earn her nickname “Notorious RBG” with her recent controversial comments about presumptive Republican nominee Donald Trump. In a New York Times interview, Justice Ginsburg speculated on the country’s future under a President Trump and said she didn’t “even want to contemplate” what it would mean for the high court. We’ll talk with MARK JOSEPH STERN, a writer for Slate.com who covers the law and LGBTQ issues, about why critics on the left and right have criticized Ginsburg’s comments as “explosive, unprecedented, and unethical.” Then, we’ll get two perspectives on Ginsburg’s comments. ARTHUR HELLMAN, a law professor at the University of Pittsburgh, will tell us why he’s baffled by Ginsburg’s remarks and why she shouldn’t be making them. And NOAH FELDMAN, a professor of constitutional and international law at Harvard University and a columnist at Bloomberg View, will explain why he thinks there’s nothing wrong with a sitting Supreme Court justice expressing her personal political views as long as they’re not related to a case that’s currently before the court.