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Published: Fri, 10 Jul 2009
Description: Why did Justice Ginsburg speak out on Sotomayor?
Automatically Generated Transcript (may not be 100% accurate)
" I'm judge ended -- Montana and the verdict is coming. -- statements made by Supreme Court justice Ruth Bader Ginsburg. In this Sunday's New York Times magazine. Here's the question. Justice Ginsburg's well -- full throated soon to be public support. For the nomination of judge Sonia Sotomayor. To join her on the US Supreme Court is unexpected. Astonishing. And unprecedented in modern times so why did she do it. --"
" Acts. There is an unwritten code that about 99%. Of American judges accept. That judges -- not attempt to affect the outcome of public controversies. By expressing thoughts outside of their courtrooms. A judge -- certain rule on motions and applications. From the bench as part of cases that are properly before. Whether publicly controversial or not let judges are expected to exercise restraint. I'm controversies outside the court. -- they actually get into the business of commenting on other cases before other judges. If a -- is perceived as having an opinion on a matter. Because of public positions taken on. The judge will be perceived as less than in March there was a mystique about the Supreme Court justice Ginsburg as time. This mystique keeps judges and justices. Out of -- down and dirty politics. It judges are perceived as just politicians and black robes. Then the influence of their office. And the respect for their decisions. And the moral authority for what they say. We'll be great. Here's what I. Here you have. Through the medium of the New York Times a sitting US Supreme Court justice Ruth Bader Ginsburg. Coming out swinging for a nominee judge Sonia Sotomayor. To the court on which justice Ginsburg sets. This directly violates the unwritten rule among judges that prohibits them. From attempting to influence the outcome -- public controversies. Other than -- what they doing their courtrooms. In other words thou shalt stay out of politics. While wearing a judicial world. Justice Ginsburg has broken that it has no other modern justice -- Wanna hear more my opinions on topics such as these. Check out my latest book Dred -- to revenge a legal history of -- and freedom in America available in bookstores nationwide. You can also tune in to -- nationally syndicated radio show. Brian -- a judge every weekday from 9 AM to noon eastern. And to my online program freedom watch every Wednesday from two to 3 PM eastern on foxnews.com. And don't forget you can always catch me right here throughout the day every day. On the Fox News Channel and on the Fox Business Network I'm judge Andrew Napolitano. And that's -- verdict."
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