Saturday, September 19, 2020

Ruth Bader Ginsburg (1933 - 2020)

Supreme Court Justice Ruth Bader Ginsburg has died at age 87. NPR sums up her career in a sentence:

Architect of the legal fight for women's rights in the 1970s, Ginsburg subsequently served 27 years on the nation's highest court, becoming its most prominent member.

Justice Antonin Scalia wrote this about her for a 2015 Time magazine list of the 100 most influential people:

Ruth Bader Ginsburg has had two distinguished legal careers, either one of which would alone entitle her to be one of TIME’s 100. When she was a law professor at Rutgers and later Columbia, she became the leading (and very successful) litigator on behalf of women’s rights—the Thurgood Marshall of that cause, so to speak. President Carter appointed her to a seat on the U.S. Court of Appeals for the District of Columbia Circuit in 1980, and President Clinton to a seat on the Supreme Court in 1993.

Having had the good fortune to serve beside her on both courts, I can attest that her opinions are always thoroughly considered, always carefully crafted and almost always correct (which is to say we sometimes disagree). That much is apparent for all to see.

What only her colleagues know is that her suggestions improve the opinions the rest of us write, and that she is a source of collegiality and good judgment in all our work.

Ginsburg was a staunch defender of men's rights as well as women's rights. When she was a lawyer before becoming a judge, many of Ginsburg's clients were men asserting their rights to equal protection. Ginsburg understood that gender equality means equality for everyone. For example, I posted this New York Times article about a majority opinion by Justice Ginsburg in 2017: 

[The Supreme Court] declared unconstitutional a provision of the Immigration and Nationality Act that makes the path to citizenship for foreign-born children of unmarried parents dependent on whether the citizen-parent is the mother or the father. An unwed mother can transmit her citizenship as long as she herself has lived in the United States for at least one year. But for unwed fathers, the prebirth residency requirement is five years (it was 10 years before a 1986 amendment). 

The differential treatment of mothers and fathers, six justices held in an opinion by Justice Ruth Bader Ginsburg, violates the constitutional guarantee of equal protection. 

Justice Ginsburg’s distinctive voice was evident throughout the opinion, which drew on the sex discrimination cases she argued and won before the Supreme Court as a young advocate for women’s rights (many of those cases, like this one, had male plaintiffs) as well as on a landmark majority opinion she delivered early in her Supreme Court tenure that forced the all-male Virginia Military Institute to admit women. The greater burden placed on unwed fathers, she wrote in the new case, reflected age-old assumptions about unmarried parenthood and a stereotyped view of an unwed father’s ability to be a responsible parent.…

Some Ginsburg quotes (from here, here, here, and here):

“Fight for the things that you care about, but do it in a way that will lead others to join you.”

“Feminism [is the] notion that we should each be free to develop our own talents and not be held back by manmade barriers.”

“I don’t say women’s rights — I say the constitutional principle of the equal citizenship stature of men and women.”

“The pedestal upon which women have been placed has all too often, upon closer inspection, been revealed as a cage.”

“A great man once said that the true symbol of the United States is not the bald eagle. It is the pendulum. And when the pendulum swings too far in one direction, it will go back.”

“So often in life, things that you regard as an impediment turn out to be great, good fortune.”

Ginsburg gave an example of that last point from her own life, in the video below from 2019: “I'll tell you what Justice [Sandra Day] O'Connor once said to me. She said: 'Suppose we had come of age at a time when women lawyers were welcome at the bar. You know what? Today we would be retired partners from some large law firm. But because that route was not open to us, we had to find another way, and both end up on the United States Supreme Court.'

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