Judge [Gonzalo] Curiel has not said anything, and in fact, cannot say anything. But I would even broaden it out to, you know, judges who are victims of attack ads in say state Supreme Court elections can't talk back. Judges are really barred from commenting on this kind of huge public hue and cry.
Dahlia LithwickAllowing ourselves to become a nation of silent, secretive, timid citizens is likely to result in a system of democracy and justice that is neither very democratic nor very just.
Dahlia LithwickI think men get nervous when women start counting the number of female senators, and whites become edgy when they hear the next Supreme Court seat will probably go to a Latino. This isn't always because they object to sharing the spoils, by the way; it just reminds us that the melting pot may not be working, and we haven't yet achieved the ambiguous national dream of becoming a nation of indistinguishable beige atheists.
Dahlia LithwickThere's such a kind of complicated line between politics and the law and we don't sit around and say, hey, you know, what would Oliver Wendell Holmes have had to say to this.
Dahlia LithwickWhat's doubly, possibly triply weird about the [Donald] Trump claim is that I said something really hateful and offended an entire class of people, and in a case that actually has nothing to do with race he should still be conflicted out.
Dahlia Lithwick