Quote:
Originally Posted by Divemaster
If the 9th's opinion is not sound, SCOTUS should be able to dispense with it 5-4.
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In my view (only) if it goes all the way that should be a different number. Much was made of then-Candidate Trump's public remarks that have been used to show intentional discrimination against a religion, rather than perfectly acceptable use of Executive power.
That argument cuts two ways: If public comments count to show state of mind (online, interviews, writing containing a Y-UUUGE level of vitriol against the candidate, even following inauguration to the now sitting POTUS), then Justice Ruth Ginsburg must recuse herself.*
*
not holding breath but I think a US Attorney could bring that argument.