Supreme Court Justice Ruth Bader Ginsburg ripped Colin Kaepernick and other National Football League players during a 10 October 2016 interview for what she called a "dumb and disrespectful" series of demonstrations against excessive force by police.
If they want to be stupid, there's no law that should be preventive. If they want to be arrogant, there's no law that prevents them from that. What I would do is strongly take issue with the point of view that they are expressing when they do that.
Kaepernick, a San Francisco 49ers quarterback, began his protest by sitting down during the playing of the U.S. national anthem before a pre-season game on 14 August 2016. His actions did not gain attention, however, until beat writer Jennifer Lee Chan posted a picture of Kaepernick sitting while the anthem played before his team's game on 26 August 2016:
This team formation for the National Anthem is not Jeff Fisher approved. #HardKnocks pic.twitter.com/SqHHdw0aoj
— Jennifer Lee Chan (@jenniferleechan) August 27, 2016
The following day, Kaepernick indicated that fatal shootings of African-Americans at the hands of police were what prompted his silent demonstration:
I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color. To me, this is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder.
Kaepernick changed his protest before the team's final pre-season game on 1 September 2016, opting to kneel rather than sit. Teammate Eric Reid also took part in the protest. Thus far in the regular season, more than 20 other NFL players have either knelt or raised a fist during the anthem in solidarity with Kaepernick.
The demonstrations have also spread outside of pro football to womens' professional soccer and basketball, as well as high school football, and college football.
In her 10 October interview, Ginsburg said she would not advocate "locking up" Kaepernick or any player who protested during the anthem:
I would have the same answer if you asked me about flag burning. I think it's a terrible thing to do, but I wouldn't lock a person up for doing it.
Ginsburg was part of the majority in the high court's 25 June 1996 ruling upholding the use of civil forfeiture on the part of federal prosecutors. However, she joined dissents by fellow Justices Elena Kagan and Sonia Sotomayor in the 20 June 2016 decision allowing evidence found during an illegal traffic stop by police to be used in court.
On 14 October 2016, Ginsburg issued a statement apologizing for her "inappropriately dismissive and harsh" words:
Some of you have inquired about a book interview in which I was asked how I felt about Colin Kaepernick and other NFL players who refused to stand for the national anthem.
Barely aware of the incident or its purpose, my comments were inappropriately dismissive and harsh. I should have declined to respond.
It was the second time in a matter of months that Ginsburg has apologized for her statements. In July 2016, she apologized for calling Republican presidential nominee Donald Trump a "faker," and saying that she could not imagine a country with him in the Oval Office.
Colin Kaepernick told reporters that he found her criticism "disappointing", and that her comments were part of a larger pattern:
I was reading an article and it refers to white critique of black protests and how they try to de-legitimize it by calling it ‘idiotic, dumb, stupid,’ things of that nature, so they can sidestep the real issue. As I was reading that I saw more and more truth how this has been approached by people in power and white people in power in particular.
Update: Ginsburg walked her comments back on 14 October 2016, releasing a statement saying she was "inappropriately dismissive and harsh" on Kaepernick:
Some of you have inquired about a book interview in which I was asked how I felt about Colin Kaepernick and other NFL players who refused to stand for the national anthem. Barely aware of the incident or its purpose, my comments were inappropriately dismissive and harsh. I should have declined to respond.