Judge Andrew Napolitano said Supreme Court Justice Ruth Bader Ginsburg should recuse herself from the case looking into the constitutionality of President Trump's travel ban.

Napolitano referred to opinionated comments Ginsburg made about candidate Trump during campaign season.

"If she sits in the case and her animus towards him as a person, as a human being is manifest ... that will damage the reputation of the court, but she will still be able to sit on the case and exercise her views about him," Napolitano said on "America's Newsroom."


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The Trump administration's travel ban would ban travelers from seven countries identified by the Obama administration as harboring terrorism. Critics have called it a "Muslim ban," and accused the president of being discriminatory against people of the Muslim religion.

Last year Justice Ginsburg called then-candidate Trump a "faker," and slammed his "ego" and "inconsistency."

Trump hit back, saying the justice's "mind is shot," and that she should resign from the Supreme Court.

The judge noted that if Ginsburg were on a lower court she would be compelled by the Supreme Court not to be involved in a case involving the president himself, given her previous remarks.

However, since Ginsburg sits on the highest court in the land, no higher one can advise her to step away from the case.

"It's really unfair," the judge said.


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