New York Times

Ruth Bader Ginsburg Calls Kaepernick's National Anthem Protest "Dumb"

October 12, 2016

by Christine Hauser

Ruth Bader Ginsburg, the Supreme Court justice who came under fire recently for lacerating comments about Donald J. Trump, has dropped another eyebrow-raising remark about a different figure in the news: the N.F.L. football player Colin Kaepernick and his protest surrounding the national anthem.

In an interview published on Monday by Yahoo News, Justice Ginsburg said that the San Francisco 49ers quarterback’s move to kneel and not stand during the anthem, as a protest against police brutality and racial oppression, was “dumb.” The gesture has been adapted by other professional athletes and has even spread to high school teams.

When asked by the news site’s global anchor, Katie Couric, what she thought of the protest, Justice Ginsburg said: “I think it’s really dumb of them. 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,” she added. “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.”

“It’s dangerous to arrest people for conduct that doesn’t jeopardize the health or well-being of other people. It is a symbol they are engaged in,” she said.

Asked whether she meant it was their right to protest, Justice Ginsburg agreed.

“If they want to be stupid, there’s no law that should be preventive,” Justice Ginsburg said. “If they want to be arrogant, there’s no law that prevents them from that. What I would do is strongly take issue with the point of view that they are expressing when they do that.”

Justice Ginsburg’s indignant dissents in the court have made her a sort of heroine of the left. But the 83-year-old jurist has also earned the nickname “Notorious R.B.G” for her outspoken comments off the bench.

Shannon Sharpe, a former professional football player who is now a co-host on the show “Undisputed” on Fox Sports, said, however, that while Justice Ginsburg had been a good champion for minority causes, she should be careful in expressing her opinions.

“I would ask Justice Ginsburg that when you see a man crying, don’t tell him to stop crying. Ask him, say, ‘Sir why are you crying?’ ” he said.

Mr. Sharpe added, “We are seeing far too many unarmed black men dying at the hands of police with no accountability taking place.”

As of Tuesday, Mr. Kaepernick had not publicly reacted to Justice Ginsburg’s remarks. But his protest came to light on Aug. 26, when the national anthem played before the start of a preseason game with the Green Bay Packers. He did not stand, later explaining that he had decided to remain seated as a statement against racial oppression.

“I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color,” he told N.F.L. Media. “To me, this is bigger than football and it would be selfish on my part to look the other way,” he said.

He drew swift backlash, with critics, including Mr. Trump, excoriating himfor the protest. But the protest expanded, with more athletes joining him — at professional arenas and on high school sports field. President Obamasaid it was Mr. Kaepernick’s constitutional right.

On the athlete’s Twitter feed, he has curated a timeline of events that have been part of the recent national discourse about race, politics and police behavior, including a protest by white supremacists in front of the N.A.A.C.P. headquarters in Houston, an article about how Arizona teenagers were forced by their school to change out of their Black Lives Matters shirts, and stories about fatal police shootings.

“There are bodies in the street and people getting paid leave and getting away with murder,” Mr. Kaepernick has said.

Mr. Kaepernick will be the starting quarterback against the Buffalo Bills at New Era Field this Sunday, the 49ers head coach Chip Kelly, said on Tuesday according to WKBW.

Justice Ginsburg’s remarks to Ms. Couric were the latest to draw some criticism beyond the hallowed halls of the Supreme Court. In July, she criticized Mr. Trump, at the time the presumptive Republican presidential nominee, saying: “I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president.

“For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.”

She later expressed regret. “Judges should avoid commenting on a candidate for public office,” she wrote in a brief statement issued by the court, admitting her remarks were “ill advised.”

“In the future I will be more circumspect,” she added in the statement.

When Mr. Trump came up in the Yahoo interview — Ms. Couric asked for her thoughts on his remarks about banning Muslims from entering the United States — the justice declined to answer, saying there was a real possibility that the issue could land on her desk.

“I can’t answer a hypothetical question when it may turn into a real question,” Justice Ginsburg said. “I can’t preview my decision.”