justice ginsburg and colin kaepernick is much ado about nothing

EsĀ­tiĀ­mated reading time is 3 minĀ­utes.

HERE ARE THE HEADLINES as they apĀ­pear in one form or anĀ­other in countĀ­less newsletĀ­ters, sites, and blogs in the rightwingnut blĀ­oĀ­gosĀ­phere: ā€œLibĀ­eral FaĀ­vorite Ruth Bader GinsĀ­burg Called Colin KaeperĀ­nick’s Protest Dumb and DisĀ­reĀ­spectful.ā€ If this is meant to show some kind of hypocrisy, it does not; in the end, it merely shows that a jusĀ­tice has an opinion about an issue.

The InĀ­deĀ­penĀ­dent Journal Review (IJR) opened its arĀ­ticle on the topic with these words: ā€œRuth Bader GinsĀ­burg is a faĀ­vorite of libĀ­erals for her strongly-worded stateĀ­ments and opinĀ­ions, and now she’s taking on a new opĀ­poĀ­nent that might send the tongues of some her fans wagĀ­ging. In an inĀ­terĀ­view with Katie Couric of Yahoo! News, GinsĀ­burg said she finds Colin KaeperĀ­nick’s protest ā€˜dumb and disrespectful.’ ā€

 

ā€œI disĀ­apĀ­prove of what you say, but I will deĀ­fend to the death your right to say it.ā€

 

Ruth Bader GinsĀ­burg is a United States Supreme Court JusĀ­tice apĀ­pointed to that poĀ­siĀ­tion by PresĀ­iĀ­dent Bill Clinton in 1993. And yes, she is a promiĀ­nent and vocal member of the miĀ­nority in the regĀ­ular 5-4 deĀ­ciĀ­sions handed down by what many hisĀ­toĀ­rians conĀ­sider the most biĀ­ased and conĀ­serĀ­vĀ­aĀ­tive Supreme Court in AmerĀ­ican history.

 

Ginsburg Justice

Justice Ginsburg takes issue

To IJR’s credit, they folĀ­lowed with GinsĀ­burg’s acĀ­tual stateĀ­ments after Couric asked Supreme Court JusĀ­tice GinsĀ­burg what she thought of San FranĀ­cisco 49ers quarĀ­terĀ­back Colin KaeperĀ­nick and other athĀ­letes reĀ­fusing to stand for the anĀ­them, kneeling in protest inĀ­stead. JusĀ­tice GinsĀ­burg replied:

ā€œI think it’s reĀ­ally dumb of them. Would I arĀ­rest them for doing it? No. I think it’s dumb and disĀ­reĀ­spectful. I would have the same anĀ­swer if you asked me about flag-burning. I think it’s a terĀ­rible thing to do, but I wouldn’t lock a person up for doing it.

I would point out how ridicuĀ­lous it seems to me to do such an act. It’s danĀ­gerous to arĀ­rest people for conĀ­duct that doesn’t jeopĀ­arĀ­dize the health and well-being of other people. It’s a symbol they’re enĀ­gaged in.ā€

Couric asked, ā€œBut when it comes to these footĀ­ball players, you may find their acĀ­tions ofĀ­fenĀ­sive, but what you’re saying is, it’s within their rights to exĀ­erĀ­cise those acĀ­tions?ā€ And JusĀ­tice GinsĀ­burg affirmed:

ā€œYes. If they want to be stupid, there’s no law that should be preĀ­venĀ­tive. If they want to be arĀ­roĀ­gant, there’s no law that preĀ­vents them from that. What I would do is strongly take issue with the point of view that they are exĀ­pressing when they do that.ā€

So I’m not sure what the righties think that this all means, as GinsĀ­burg’s stateĀ­ment of her perĀ­sonal opinion conĀ­cerning KaeperĀ­nick ā€˜s beĀ­havior is just that: a perĀ­sonal opinion.

 

hall_evelynbeatrice

This painting tiĀ­tled ā€œThe Swordā€ (1896) by Alfred-Pierre Agache is often used to porĀ­tray Evelyn BeatĀ­rice Hall.

I will defend your right to say it

JusĀ­tice GinsĀ­burg acĀ­knowlĀ­edges that the man has the right to protest in whatĀ­ever manner he deems fit and that she finds this parĀ­ticĀ­ular manner to be dumb.

And arĀ­roĀ­gant.

Even stupid.

But legal.

Or, as Evelyn BeatĀ­rice Hall so faĀ­mously stated when deĀ­scribing Voltaire’s stance on freedom of speech, ā€œI disĀ­apĀ­prove of what you say, but I will deĀ­fend to the death your right to say it.ā€

That does sound susĀ­piĀ­ciously like what one exĀ­pects of any thinking person living a democĀ­racy who reĀ­spects the rights of others in that democracy.

So the seemĀ­ingly shocking headĀ­lines about a promiĀ­nent libĀ­erĀ­al’s acĀ­tions or words as reĀ­layed in the rightwingnut blĀ­oĀ­gosĀ­phere is, yet again, much ado about nothing. 

@RuthBGinsburg’s reĀ­marks about KaeperĀ­nick are in keeping with one who supĀ­ports the First AmendĀ­ment. Click To Tweet

Kaepernick 1500

FEATURED IMAGE: San FranĀ­cisco 49ers Eric Reid and Colin KaeperĀ­nick kneeling during the playing of the naĀ­tional anĀ­them beĀ­fore the start of a game.

 

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