Breitbart: Trump Might Win Because Of Notorious RBG

Yesterday Donald Trump ranted to the New York Times after Ruth Bader Ginsburg called him a “faker.” According to Breitbart, she may have handed him the election. They write:

It is highly unusual for judges, let along Supreme Court justices, to comment on elections. In this case, ironically, Justice Ginsburg may have helped ensure that Trump wins the 2016 contest.

That is because Ginsburg would almost certainly have to recuse herself from any case involving Trump’s presidential effort. According to federal law, a judge must recuse himself or herself if he or she “has a personal bias or prejudice concerning a party.”

The interpretation of that statute falls to the judge himself or herself, but Ginsburg would be under severe pressure to withdraw, lest she drag the entire Court into a political crisis, damaging its reputation in the eyes of the American people.

The circumstances of Bush v. Gore in 2000 would be difficult to re-create, and the justices’ decisions in that 5-4 case were not fundamentally partisan (though many on the left claimed that they were). Yet if such a case were to arise again, and justices were to vote according to the party of the president who appointed them, Trump would enjoy the advantage of a 4-3 majority.

Breitbart also declares that under a Trump administration, Ginsburg would have to recuse herself from any case important to his agenda.