The Notorious Ruth Bader Ginsburg
I watched RBG last night, the documentary film about Supreme Court Justice Ruth Bader Ginsburg. What a remarkable person she is. Here’s the trailer:
If you’ve seen the movie (or even if you haven’t), Jeffrey Toobin’s 2013 New Yorker profile of Ginsburg goes easier on the memes and deeper into her legal process and views.
At this point, Ginsburg was a leader on the legal side of the women’s movement, especially when she became the first tenured woman at Columbia Law School, in 1972. She co-founded the first law review on women’s issues, Women’s Rights Law Reporter, and co-authored the first casebook on the subject. Also in 1972, she co-founded the women’s-rights project at the American Civil Liberties Union. When Sally Reed took her case to the Supreme Court, Ginsburg volunteered to write her brief.
“In very recent years, a new appreciation of women’s place has been generated in the United States,” the brief states. “Activated by feminists of both sexes, courts and legislatures have begun to recognize the claim of women to full membership in the class ‘persons’ entitled to due process guarantees of life and liberty and the equal protection of the laws.” In an opinion for a unanimous Court in Reed v. Reed, Chief Justice Burger overturned the Idaho law as “the very kind of arbitrary legislative choice forbidden by the Equal Protection Clause of the Fourteenth Amendment.” Sex discrimination, in other words, was unconstitutional. Susan Deller Ross, a professor at Georgetown University Law Center, who also worked as a lawyer on sex-discrimination cases during this period, said of Ginsburg, “She helped turn the Court a hundred and eighty degrees, from a very hands-off attitude, which had often been expressed very cavalierly, to one where they struck down law after law that treated the sexes differently.”
Building on the Reed precedent, Ginsburg launched a series of cases targeting government rules that treated men and women differently. The process was in keeping with Ginsburg’s character: careful, step by step. Better, Ginsburg thought, to attack these rules and policies one at a time than to risk asking the Court to outlaw all rules that treated men and women differently. Ginsburg’s secretary at Columbia, who typed her briefs, gave her some important advice. “I was doing all these sex-discrimination cases, and my secretary said, ‘I look at these pages and all I see is sex, sex, sex. The judges are men, and when they read that they’re not going to be thinking about what you want them to think about,’” Ginsburg recalled. Henceforth, she changed her claim to “gender discrimination.”
The piece mentions an impromptu serenade of opera fan Ginsburg by Plácido Domingo at Harvard…it’s a cute moment:
For a deeper dive, the best books about Ginsburg are The Legacy of Ruth Bader Ginsburg by Scott Dodson, My Own Words (a collection of her writing), and the more fun Notorious RBG: The Life and Times of Ruth Bader Ginsburg by Irin Carmon & Shana Knizhnik.
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