Conngress of the United States
Washington, DE 20515
June 26, 2017
Madam Justice Ginsburg
The Supreme Court of the United States
One First Street, NE
Washington, DC 20543
Dear Madam Justice:
We write to request that you recuse yourself from participation in Trump v, International
Refugee Assistance Project.
As an Associate Justice of the Supreme Court, you are required to recuse yourself in cases in
which your “impartiality might reasonably be questioned,”' and where you have “a personal bias
or prejudice concerning a party.” The U.S. Court of Appeals for the Fourth Circuit rested its
decision in International Refugee Assistance Project v. Trump on President Trump’s campaign
statements, The case places the personal credibility of President Trump directly at issue. Given
‘your repeated public criticism of both candidate and President Trump, the statute is triggered and
your recusal in Trump v, International Refugee Assistance Project is required by law.
‘Your public criticism of Donald Trump during the campaign included statements such as, “I
‘can’t imagine what this place would be-I can’t imagine what the country would be-with Donald
‘Trump as our president.” You referred to Donald Trump as “a faker.”* When asked about the
possibility of Donald Trump winning the presidency, you responded “I don’t want to think about
that possibility, but if it should be, then everything is up for grabs.”°
Additionally, friendly media outlets harshly criticized your conduct. For example, the editorial
board of The New York Times found it “baffling that Justice Ginsburg would choose to... call
her own commitment to impartiality into question,” and wondered whether, in a case involving
Mr. Trump, if anyone could “now argue with a straight face that Justice Ginsburg’s only guide
would be the law.”
§ 45510).
§455(b)().
9 Adam Liptak, Ruth Bader Ginsburg, No Fan of Donald Trump, Critiques Latest Term, N.Y. TOES, July 10,2016,
hps:/wow.nytimes.com/2016'07/11/us/polities/ruth-bader-ainsburg-no-fan-of-donald-trump-critques-latet-
term btmlsmid=pl-shares FL
* Joan Biskupic, Justice Ruth Bader Ginsburg Calls Trump a ‘Faker,’ He Says She Should Resign, CNN, Suly 13,
2016, https/www.cnn.com/2016(07/12politicsjustice-ruth-bader-ginsburg-onald-trump-faker
Mark Sherman, AP Interview: Ginsberg Reflects on Big Cases, Scalia's Death, ASSOCIATED PRESS, July 8, 2016,
Inps:/apnews.com/Oda3a641190742669cc0d0 1b90cd5 fa/ap-interview-insburg-reflets-big-cases-scalias-death,
Editorial, Donald Trump is Right About Justice Ruth Bader Ginsburg, N.Y. TIMES, July 13, 2016,
hntps.//www.nytimes.cony2016107/13/opiniondonald-trump-isrightabout-justice-uth-bader-
sinsburg him?smid~pl-share.Echoing similar sentiments, the editorial board of The Washington Post, while citing the
admonition in the Code of Conduct for United States Judges that a “judge should not ... publicly
endorse or oppose a candidate for public office,” wrote your “remarks about the campaign . .
[were] inconsistent with [your] function in our democratic system” and risked “undermin|ing]
public faith in the impartiality of the courts.””
You are bound by law to recuse yourself from participation in this case. There is no doubt that
‘your impartiality can be reasonably questioned; indeed, it would be unreasonable not to question
‘your impartiality. Your participation in Trump v. International Refugee Assistance Project would
violate the law and undermine the credibility of the Supreme Court of the United States.
Sincerely,
1 Baitorial, Justice Ginsburg's Inappropriate Comments on Donald Trump, WASH. Post, Suly 12, 2016,
‘ips ww. washingtonpost.com/opinionsjustice-pinsburgs-inapproprate-comments-on-donald-
trump/2016'07/12/98 Ldf404-4862-11e6-bdb9-701687974517_story.huml?tid-s_mailduim_term=806eca3Se166,(ppb eA BelK
Ron DeSantis Ted Budd
United States Representative
lca
Warren Davidson
United States Representative s Representative
Don Bacon cott Desjarlais
United States Representative United States Representative
jack Bergman
United States Representative
Andy Bij ‘Neal Dunn
United States Representative United States Representative
}
Rod Blum Thomas Garrett
United States Representative United States Representative
Br ba Kc p~
Dave Brat Louie Gohmert
United States Representative United States Representative
Me Brook aif
Mo Brooks Paul Gosar
United States Representative United States RepresentativeDaniel Webster
United States Representative
Fut 2
Brad Wenstrup
United States Representative aa States Representative
| Keith bt
yger Williams
United States Representative United States Representative
Steve Russell Ted Yoho
United States Representative United States Representative
Lou Barletta
United States Representative
fark Sanfi
United States Representative
United Stftes Representative
Austin Seott Doug os
United States Representative United States Representative
Lamar Smith
United States Representative United States RepresentativeUnited States Representative
Glenn Grothmen
United States Representative
ile