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Supreme Court justice Ruth Bader Ginsburg — who called quarterback Colin Kaepernick's national anthem protests "dumb and gay public sex videodisrespectful" earlier this week — is having second thoughts about her comments.

Ginsburg said in a statement she should not have responded, and was "barely aware of the incident or its purpose, according to CQ Roll Call's Todd Ruger.

In an interview with Katie Couric published Monday on Yahoo News, Ginsburg likened Kaepernick's actions to flag burning, calling it a "terrible thing to do," but saying she "wouldn't lock a person up for doing it."

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Now, Ginsburg is calling those comments "inappropriately dismissive and harsh."

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Justice Ginsburg on Kaepernick and National Anthem protests: I should not have said that pic.twitter.com/eQMQAWbo1d

— Todd Ruger (@ToddRuger) October 14, 2016

Kaepernick, who was named the 49ers starting quarterback this week, has been sitting or kneeling during the national anthem all season to protest racial injustices. Many have joined Kaepernick's movement, including fellow NFL players, as well as athletes across all sports and ages.

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Ginsburg walked back her statements after Kaepernick called them "disappointing" when reporters asked for his thoughts on the matter earlier this week.

“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 told The Mercury News.

“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," he continued. "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.”

Teammates have joined Kaepernick's protests. Credit: Thearon W. Henderson/Getty Images

Kaepernick's protests have been met with plenty of backlash. A bar used his jersey as a doormat. He received death threats. Others who participated lost endorsement deals.

Kaepernick added that he valued lives over the American flag, referring to Ginsburg's original comments that likened his protest to flag burning.

"At the end of the day the flag is just a piece of cloth and I am not going to value a piece of cloth over people’s lives," he said. "That’s just not something I can do, it’s not something I feel morally right doing and my character won’t allow me to do that.”

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