Trump suggests Sotomayor, Ginsburg should have to recuse themselves on 'Trump related' cases

President TrumpDonald John TrumpBiden says his faith is 'bedrock foundation of my life' after Trump claim Coronavirus talks on life support as parties dig in, pass blame Ohio governor tests negative in second coronavirus test MORE late Monday suggested Supreme Court Justices Sonia SotomayorSonia SotomayorVoters should channel the Black Lives Matter energy at the polls Supreme Court's approval rating highest in over a decade: Gallup GOP asks Supreme Court to reinstate Arizona voting rules deemed racially biased MORE and Ruth Bader GinsburgRuth Bader GinsburgMore Democrats than Republicans say Supreme Court key to 2020 vote Senate GOP divided over whether they'd fill Supreme Court vacancy  Ginsburg discharged from hospital after nonsurgical procedure MORE should recuse themselves from cases involving him or his administration after Sotomayor criticized the White House and some of her fellow justices for repeatedly ruling in favor of the president. 

"This is a terrible thing to say," Trump tweeted from India moments before he departed for a welcome ceremony with Prime Minister Narendra Modi.

"Trying to 'shame' some into voting her way? She never criticized Justice Ginsberg when she called me a 'faker,' " he continued, initially misspelling the justice's last name. "Both should recuse themselves on all Trump, or Trump related, matters! While 'elections have consequences', I only ask for fairness, especially when it comes to decisions made by the United States Supreme Court!"


The president's tweet indicated he was reacting to coverage of Sotomayor's comments on Fox News.

It's unclear how removing two Democratic-appointed judges in certain cases would increase fairness on the court.

Sotomayor, who was appointed by then-President Obama in 2009 and confirmed by the Senate, wrote a dissenting opinion last week after the Supreme Court ruled 5-4 to clear the way for the Trump administration's "public charge" rule to go into effect.

Sotomayor described a "now-familiar pattern" in which the Trump administration "seeks emergency relief from this Court, asking it to grant a stay where two lower courts have not. The Government insists—even though review in a court of appeals is imminent—that it will suffer irreparable harm if this Court does not grant a stay. And the Court yields.”


She appeared to explicitly call out the conservative-leaning judges on the bench, writing that "the Court's recent behavior" has benefited "one litigant over all others."

Trump at a news conference in India Tuesday morning doubled down on his remarks, insisting that he felt Sotomayor's written opinion was "so inappropriate" without elaborating on why he thought so.

He added that he felt Ginsburg was biased dating back to his 2016 campaign, when she referred to him as "a faker" who "says whatever comes into his head at the moment."

"I just don't know how they cannot recuse themselves," Trump said.

Of the high court's nine justices, five were appointed by Republican presidents and four were appointed by Democratic presidents. Trump has appointed two: Neil GorsuchNeil GorsuchBiden needs to bring religious Americans into the Democratic fold McConnell has 17-point lead over Democratic challenger McGrath: poll Kavanaugh urged Supreme Court to avoid decisions on Trump finances, abortion: report MORE and Brett KavanaughBrett Michael KavanaughMcConnell has 17-point lead over Democratic challenger McGrath: poll Davis: My recommendation for vice president on Biden ticket Kavanaugh urged Supreme Court to avoid decisions on Trump finances, abortion: report MORE.


Trump’s call for two left-leaning justices to recuse themselves also comes as the court is likely to rule in the coming months on the president’s financial records, among other cases.

The court has narrowly sided with Trump on a number of key cases throughout his first term, with the justices divided along ideological lines.

The justices upheld a version of the president’s travel ban, the public charge rule and his ability to use military funds for his long-sought wall along the southern border.

Updated at 9:06 a.m.