If November's presidential election has to be decided by the Supreme Court, one senator thinks Justice Ruth Bader Ginsburg might want to think about stepping aside.
Utah Sen. Mike Lee, a Republican, said Ginsburg's comments blasting Donald Trump show she has bias toward the presumptive Republican nominee. That means she should consider recusing herself from any cases tied to the election or about Trump's policies.
"The mere practical implications are significant on two levels. First, it's not at all impossible. It's not outside the realm of possibilities that we could end up with a Bush v. Gore type of dispute at the end of this election cycle," Lee said during a Fox News interview, alluding to the 2000 presidential election.
"If that were the case, I think this statement raises serious questions as to whether she'd have to recuse herself in such a dispute.
"Secondly, assuming Mr. Trump wins in November, it would beg the question whether any kind of litigation making its way to the Supreme Court involving Mr. Trump's policies, his actions as president of the United States would themselves trigger a recusal obligation."
Ginsburg first criticized Trump in interviews last week with The New York Times
and the Associated Press.
She has kept her foot on the gas this week, calling Trump a "faker."
Trump returned fire via his Twitter account Wednesday, calling for Ginsburg to resign.
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