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Conservatives Calling for Ruth Bader Ginsburg to Recuse Herself from Abortion Cases

Supreme Court Justice Ruth Bader Ginsburg slammed Texas’ uber-conservative anti-abortion laws in a recent interview, pointing out that they unfairly targeted the poor.

“Any woman who has the wherewithal to travel, to take a plane, to take a train to a state that provides access to abortion — that woman will never have a problem,”Ginsburg said in an interview with New Republic. “It doesn’t matter what Congress or the state legislatures do, there will be other states that provide this facility, and women will have access to it if they can pay for it. Women who can’t pay are the only women who would be affected.”

She also said that the Texas legislators have already shown that they are not the best people to be deciding on the reproductive rights of women.

“How could you trust legislatures in view of the restrictions states are imposing?” Ginsburg said. “Think of the Texas legislation that would put most clinics out of business.”

Her comments infuriated the anti-abortion crowd, who now say that the known pro-choice judge must, in fairness, recuse herself from hearing abortion cases.

“It seems that Justice Ginsburg has made up her mind about this law,” conservative law professor Josh Blackman wrote. “It is not a health measure, but a law to put clinics out of business. This would be a per se ‘undue burden’ under Casey. She doesn’t trust the Texas legislature in the least.”

Others said questioning the legislators judgement proved she was more concerned with her pro-abortion cause than talking about the facts.

“Propriety aside, the comments also evince an unmoved confidence in the abortion industry’s assertions, even when they are proven false,” LifeNews‘ Casey Maddox wrote.

For the record, while Ginsburg’s latest comments have renewed the efforts to eliminate her pro-choice power in the Supreme Court, the calls for Ginsberg’s recusal have been standard conservative fare for years.

Here is what lawyer Jed Babbin said in the American Spectator back in 2005:

The Supreme Court is certain to be faced with more than one abortion rights case in the next few years. If any party seeking to limit the broad scope of Roe v. Wade fails to petition for Ginsburg’s recusal, that failure — regardless of the risk it entails — could literally amount to the malpractice of law. After Ginsburg’s remarks they really have no choice but to take the risk or suffer the unmistakable practice of ideology by a sitting justice.

Photo Credit: Public Domain

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Tamar is a New York based freelance writer and photographer whose work has appeared in over 15 publications. You can catch her work regularly on Issue Hawk, Latest, Jspace, and MediaGlobal.