"I should have declined to respond," the Supreme Court justice said of her past Colin Kaepernick criticism. | Getty Ginsburg walks back Kaepernick criticism After calling the protest 'dumb and disrespectful,' the Supreme Court justice says she should have declined to respond.

Supreme Court Justice Ruth Bader Ginsburg expressed regret over her previous comments on Colin Kaepernick and other NFL players kneeling during the national anthem.

“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.” Ginsburg said in the statement.


In an interview earlier this week with Katie Couric, Ginsburg called the protest “really dumb.”

“Would I arrest them for doing it? No,” Ginsburg elaborated. “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.”

Kaepernick, quarterback of the NFL's San Francisco 49ers, has been both praised and criticized for kneeling during the pledge, which he says is a protest against police violence against black people and systemic racism in the U.S. He has been joined in the protest by other professional and amateur athletes and others.