It may seem ironic that the judicial branch preserves its legitimacy through refraining from action on political questions. That concept was put forward best by Justice [Felix] Frankfurter, appointed by President Franklin Delano Roosevelt.
When Ruth Bader Ginsburg came in front of the Senate and was approved 96-3 to be on the Supreme Court to replace conservative justice Byron White. This is in 1993.Now, Justice Ginsburg, it was noted earlier, was a general counsel for the ACLU, certainly a liberal group. It was abundantly clear during the confirmation hearing that Ginsburg would swing the balance of the court to the left.But because President [Bill] Clinton won the election and because Justice Ginsburg clearly had the intellectual ability and integrity to serve on the court, she was confirmed.
History has shown that Justice Ruth Bader Ginsburg did, in fact, dramatically change the balance of the court in many critical areas, such as abortion, the privacy debate expansion and child pornography.
I stated at Justice [John] Roberts' hearing, the court's injected itself into many of the political debates of our day.
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