The Asian Age

Diminutive pioneer

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US Supreme Court justice, liberal, hard- knuckled lawyer, women’s rights champion. Ruth Bader Ginsburg, who passed away from cancer at 87, has left a legacy to be cherished by all. She was at the forefront of the movement of second wave ( classical) feminism, and did her bit to further its cause.

Ginsburg had many avatars — a valedictor­ian who lost her mother a day before her graduation, a cheerleade­r, a typist — because back then, in the 1960s and 1970s, women were restricted by law — hundreds of them — from participat­ion in the profession­s and public life. For more than a decade until her first judicial appointmen­t in 1980, she led the fight in the court for the equality of the sexes in terms of opportunit­y and freedom. As expected of a person fighting under terribly challenges, Ginsburg’s strategy was cautious, precise and singlemind­edly devoted to one goal — winning. In close contests, she was the definitive winner.

Ginsburg drew first blood in Supreme Court in 1971 when she got it to strike down a state law preferring men over women as estate executors. Giving the lie to the misogynist­s masqueradi­ng as men’s righters, masculists and today’s “meninists”, Ginsburg often chose male appellants to illustrate systemic injustices. For instance, she chose to represent a man who had lost his wife, the principal breadwinne­r, at childbirth. He applied for social security, but was not entitled as a widower. This absolute exclusion based on gender per se operates to the disadvanta­ge of female workers, their surviving spouses and their children, argued Ginsburg. The bar was overturned.

In 1996, as a relatively new Supreme Court justice, Ginsberg wrote a 7- 1 opinion declaring that the prestigiou­s Virginia Military Institute could no longer exclude women: “Reliance on overbroad generalisa­tions, typically male or typically female tendencies, estimates about the way most women or most men are will not suffice to deny opportunit­y to women whose talents and capacity place them outside the average descriptio­n.” The intrepid Ginsburg went on to spend 27 years in the court, courting celebrity along the way. It will be an insult to her transcende­ntal legacy and philosophy if President Donald Trump goes to nominate, as promised, a woman to fill her seat, for tokenism sake.

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