Updated

By Greta Van Susteren

Let's all go "Off the Record." Remember when Justice Ruth Bader Ginsburg nodded off during President Obama's State of the Union Address? Well, it wasn't that she was just bored. Turns out there's a little more to that snooze.

Justice Ginsburg admitting she was not "100 percent sober" that night. She said before heading off to the president's speech, she and other justices went out for dinner and that she had some fine California wine supplied by fellow Justice Anthony Kennedy. So, she was tipsy and sleepy. In her words not "100 percent sober." My thought? Candor from a public official - that's new and so refreshing!

So, don't get all wound up about it. She was not deciding a case nor driving a car nor operating a heavy machinery. She just had some wine with dinner. Big deal.

And if your thought is that it was a bit rude to the president, let me just add this: Democrats have been more than rude with her, last fall creating a whispering campaign to push her off to Supreme Court and calling her old. They only did that because they wanted President Obama to appoint someone younger and very liberal who would likely be on the Court for decades. They wanted to do that fast before the Republicans retook the Senate and put the kibosh on that. Now, that was rude.

The Constitution says the appointment of the Supreme Court is for life. So, Justice Ginsburg decides, not a whispering campaign. And that's my "Off the Record" comment tonight.