Kaepernick has said his refusal to stand during the Star Spangled Banner is an act of protest saying, "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."
As controversy over Kaepernick's decision spread, the NFL said in a statement that "players are encouraged, but not required, to stand during the playing of the National Anthem."
Kaepernick responded to Ginsburg's comments in an interview with The Mercury News.
"It is disappointing to hear a Supreme Court justice call a protest against injustices and oppression ‘stupid, dumb’ in reference to players doing that," Kaepernick said.
"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."
Reuters reported Friday that Ginsberg issued a statement after fallout from her comments in the interview.
"Barely aware of the incident or its purpose, my comments were inappropriately dismissive and harsh. I should have declined to respond," Ginsburg said.