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Ruth Bader Ginsburg Denies SCOTUS Is ‘Conservative’ Court

In a new interview with Elle, U.S. Supreme Court Justice Ruth Bader Ginsburg rebuts the oft-repeated assertion that the court’s current ideology leans to the right.

Asked to react to the term “activist judge,” Ginsburg said she doesn’t think much of it as a label.

“Depends on whose ox is being gored,” she said. “You think of activism, Congress is supposed to make the laws. So, it passed a campaign finance law. This court says, ‘No, Congress, you can’t do that.’ This court is labeled conservative, but it has held invalid more statutes than most courts.”

Ginsburg continued, “That’s why I say that activism is like ‘beauty is in the eye of the beholder.’ So, the answer to the question: If a judge is called an activist, you know the person saying that doesn’t like the decision.”

Ginsburg, perceived as one of the court’s more liberal justices, also said she won’t be caving to Democrats who think she should retire before President Obama‘s second term ends.

“Who do you think President Obama could appoint at this very day, given the boundaries that we have?” she said, referring to Senate Republicans who would likely attempt to block a liberal court nominee. “If I resign any time this year, he could not successfully appoint anyone I would like to see in the court.”

[Photo via Supreme Court official portrait]

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