Supreme Court Justice Ruth Bader Ginsburg, who’s making the rounds promoting her new book, is apparently not holding back in letting her opinions be known. Earlier this year, Bader Ginsburg publicly criticized Donald Trump, an action she later regretted. Now, in an interview with Katie Couric, she’s called out NFL quarterback Colin Kaepernick and other athletes who have been kneeling during the “Star Spangled Banner” in an effort to bring attention to police brutality toward African-Americans in the U.S., among other reasons.
“It’s really dumb of them,” Ginsburg said. “Would I arrest them for doing it? No. I think it’s dumb and disrespectful. I would have the same answer if you asked me about flag burning. I think it’s a terrible thing to do, but I wouldn’t lock a person up for doing it. I would point out how ridiculous it seems to me to do such an act. But it’s dangerous to arrest people for conduct that doesn’t jeopardize the health or well-being of other people. It’s a symbol they’re engaged in.”
Last month, Tablet contributor MaNishtana wrote that he felt the opposite of what Bader Ginsburg believes.
As an adult with a family who lives and is affected by the same world that Kaepernick is protesting? I feel the same way. It’s America’s current actions that leave me apathetic toward the flag. For Black people anywhere, during, well, anytime, we weren’t in mind when the Founding Fathers crafted a Constitution touting all men being created equal, yet on that Fourth of July we weren’t anywhere near free. (Even as Jews, spinning a dreidel on Hanukkah is not exaclty what they meant by religious freedom, and the lesson of that holiday).
I really can’t bring myself to feel anything but support for Kaepernick. Because, personal resonance aside, if nothing else, exercising the right to sit down as the national anthem plays is one of the most American things one can do.
RBG was also asked whether or not banning Muslims from entering the country was constitutional, as Trump has infamously proposed, at least in part, to which she said she couldn’t answer head-on because it’s an issue that may, in fact, make it across her desk. She did, however, add the following. From Yahoo! News:
“All I can say is I am sensitive to discrimination on any basis because I have experienced that upset. … I looked at that sign, and I said, ‘I am a Jew, but I’m an American, and Americans are not supposed to say such things,’” she recalled. “America is known as a country that welcomes people to its shores. All kinds of people. The image of the Statue of Liberty with Emma Lazarus’ famous poem. She lifts her lamp and welcomes people to the golden shore, where they will not experience prejudice because of the color of their skin, the religious faith that they follow.”
Watch the full Bader Ginsburg/Couric interview here, and the Kaepernick focus below:
Previous: I’m With Kaepernick
Jonathan Zalman is a writer and teacher based in Brooklyn.
