"I think it's really dumb of them," Ginsburg said in a Yahoo! interview with Katie Couric. "Would I arrest them for doing it? No. I think it's dumb and disrespectful. 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. I would point out how ridiculous it seems to me to do such an act."
— Yahoo Sports (@YahooSports) October 10, 2016
Ginsburg, whatever her personal opinion may be, took an oath she would make all decisions based on her interpretation of the Constitution. And although she does not agree with Kaepernick's approach, she agrees with his right to protest.
"If they want to be stupid, there's no law that should be preventive," she said. "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."
In the preseason, Kaepernick began to sit during the national anthem as a means of protesting injustices against African-Americans in the United States. The sit turned to a kneel, and other football stars have followed his lead. In the NBA, teams have already shown their own forms of protest, locking arms during the national anthem.
Ginsburg, 83, has served on the Supreme Court since 1993. In July, Ginsburg called Donald Trump "a faker", then realized she should not have commented on partisan politics, saying, "In the future I will be more circumspect."
-- Follow Jeffrey Eisenband on Twitter @JeffEisenband.