Donald Trump

Is Justice Ruth Bader Ginsburg Violating Federal Law By Sounding Off About Donald Trump?

Uh-oh! Has the Notorious RBG landed herself in hot water?

Answer: The Hatch Act of 1939, more formally titled “An Act to Prevent Pernicious Political Activities.” As the Hatch Act is meant to prohibit employees of the executive branch from engaging in partisan political activity, it is unlikely that it would be applicable to Justice Ginsburg’s commentary on Donald Trump, as she is an employee of the judicial branch.

A Judicial Conference resolution from 1943 “states that judicial branch employees should not participate in the kind of political activity forbidden to executive branch employees,” which is why federal law clerks adhere to the Hatch Act. But Supreme Court justices are (controversially) not subject to the Judicial Conference’s ethics rules.


Staci Zaretsky is an editor at Above the Law. Feel free to email her with any tips, questions, or comments. Follow her on Twitter or connect with her on LinkedIn.

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