Supreme Court Justice Ruth Bader Ginsburg says she and now-retired colleague Sandra Day O'Connor were the targets of an Internet death threat last year because of their citation of foreign law in decisions.
In a speech last month at the Constitutional Court of South Africa, Ginsburg suggested the threat was prompted by bills introduced by Republicans in Congress that would prohibit federal courts from referring to foreign laws or rulings in interpreting the U.S. Constitution.
"Although I doubt the current measures will garner sufficient votes to pass, it is disquieting that they have attracted sizable support," said Ginsburg. "And one not-so-small concern -- they fuel the irrational fringe." She then revealed the online threat. Ginsburg, who turned 73 Wednesday, delivered the speech Feb. 7, without much apparent media coverage, in South Africa. The text was posted without notice on the Supreme Court's Web site on March 2.
Ginsburg said in her speech that the office of the marshal of the Court, who is in charge of security for the justices, alerted her to a Feb. 28, 2005, Web "chat" posting that began, "Okay commandoes, here is your first patriotic assignment." After mentioning that Ginsburg and O'Connor invoke foreign laws and rulings, the posting continued, "This is a huge threat to our Republic and constitutional freedom ... If you are what you say you are, and NOT armchair patriots, then those two justices will not live another week." Ginsburg did not indicate where on the Web the message appeared or if any investigation ensued.
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