Ryan Sayre Patrico brings up a controversy here that is beginning to buzz around Justice Ruth Bader Ginsburg. It concerns a statement she makes in an interview to be published this Sunday in the NYT Magazine , in which she opines that she once thought Roe v Wad e was about stopping the growth “in populations we don’t want too many of.”

Patrico didn’t allege that she agreed with that supposed “purpose.” But others have, and I think it doesn’t stick. I explain why over at Secondhand Smok e.

Ginsburg does get into policy, arguing strongly in favor of expanding access to abortion to poor women. That is clearly inappropriate. For that, she should recuse herself from every future abortion case that comes before the court.

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