Ginsburg has taken to criticizing the presumptive Republican nominee in recent days, saying she doesn't even "want to contemplate" the effects a Trump candidacy would have on the Supreme Court. "Her mind is shot - resign!" he wrote on Twitter.
The court is now evenly split between conservatives and liberals, who include Ginsburg. But she told The New York Times, "I can't imagine what this place would be - I can't imagine what the country would be - with Donald Trump as our president".
"He has no consistency about him", Ginsburg said. If the high court has to determine the victor of this year's election, Ginsburg's comments about Trump could pose a problem and raise questions about her objectivity.
Ginsburg recently demonstrated her position firmly within the court's progressive wing by voting to strike down a Texas law that put restrictions on abortion clinics.
Nominations to the court, Ginsburg has indicated, are at the heart of her concern. No one other than Trump called for her to step down, but conservative scholars are openly discussing that she might need to recuse herself from hearing cases involving Trump. In an editorial on Wednesday, the New York Times urged Ginsburg to uphold the court's tradition of silence in political campaigns.
From traffic courts to the U.S. Supreme Court, most judges/justices flat out refuse to comment on political issues or candidates seeking office.
"There are some (not me) who learn to like Trump based on the enemies he makes", he said in an email. It would be a stretch to suggest that anything she has said is as controversial as what Ginsburg's close friend the late Justice Antonin Scalia said in reply to a 2012 question about why he would compare laws banning homosexuality to laws against murder: "If we cannot have moral feelings against homosexuality, can we have it against murder?" President Richard Nixon and Chief Justice Warren Burger met at the White House the spring night in 1970 Nixon told the nation US forces had invaded Cambodia.
It is highly unusual for a member of the top court to be so outspoken about a candidate for president just as the campaign is reaching a critical juncture.
"Judges are supposed to stay out of politics and above politics", Hellman said.
"We all know the justices on the Supreme Court have political views".
Trump was not alone in the rebuke.
Trump quickly fired back at Ginsburg, who was appointed to the high court in 1993 by his opponent's husband, former President Bill Clinton. Not that Trump would reward this support with the appointment of a conservative jurist so caveat emptor.
The next president, potentially serving two four-year terms, could have the opportunity to appoint up to three new justices, not including Scalia's replacement. Usually the most public interaction between the court and the political world comes at the annual State of the Union address, where the justices sit stoically among partisan cheers and catcalls. Justice Anthony Kennedy turns 80 on July 23, while Justice Stephen Breyer turns 78 in August. "I couldn't believe it when I saw it".