Trailblazer: Second woman on the court led its liberal wing
WASHINGTON — Supreme Court Justice Ruth Bader Ginsburg, a towering women’s rights champion who became the court’s second female justice, died Friday at her home in Washington. She was 87.
Ginsburg died of complications from metastatic pancreatic cancer, the court said.
Her death just over six weeks before election day is sure to set off a heated battle over whether President Trump should nominate, and the Republicanled Senate should confirm, her replacement, or if the seat should remain vacant until the outcome of his race against Democrat Joe Biden is known. Majority Leader Mitch McConnell said late Friday that the Senate will vote on Trump’s pick to re
place Ginsburg, even though it’s an election year.
Trump called Ginsburg an “amazing woman” and did not mention filling her vacant Supreme Court seat when he spoke to reporters following a rally in Bemidji, Minn. But Trump’s opponent, Democratic presidential nominee Joe Biden, told reporters in Wilmington, Del., that “the voters should pick the president and the president should pick the justice” to replace Ginsburg.
Chief Justice John Roberts mourned Ginsburg’s passing.
“Our Nation has lost a jurist of historic stature. We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her — a tireless and resolute champion of justice,” he said in a statement.
Ginsburg spent her final years on the bench as the unquestioned leader of the court’s liberal wing and became something of a rock star to her admirers. Young women especially seemed to embrace the court’s Jewish grandmother, affectionately calling her the Notorious RBG, for her defense of the rights of women and minorities, and the strength and resilience she displayed in the face of personal loss and health crises.
Those health issues included five bouts with cancer beginning in 1999, falls that resulted in broken ribs, insertion of a stent to clear a blocked artery and assorted other hospitalizations after she turned 75.
She resisted calls by liberals to retire during Barack Obama’s presidency at a time when Democrats held the Senate and a replacement with similar views could have been confirmed. Instead, Trump will almost certainly try to push Ginsburg’s successor through the Republicancontrolled Senate — and move the conservative court even more to the right.
Ginsburg antagonized Trump during the 2016 presidential campaign in a series of media interviews, including calling him a faker. She soon apologized.
Her appointment by President Bill Clinton in 1993 was the first by a Democrat in 26 years. She initially found a comfortable ideological home somewhere left of center on a conservative court dominated by Republican appointees. Her liberal voice grew stronger the longer she served.
Ginsburg was a mother of two, an opera lover and an intellectual. At argument sessions in the ornate courtroom, she was known for digging deep into case records and for being a stickler for following the rules.
She argued six key cases before the court in the 1970s when she was an architect of the women’s rights movement. She won five.
“Ruth Bader Ginsburg does not need a seat on the Supreme Court to earn her place in the American history books,” Clinton said at the time of her appointment. “She has already done that.”
On the court, her most significant majority opinions were the 1996 ruling that ordered the Virginia Military Institute to accept women or give up its state funding, and the 2015 decision that upheld independent commissions some states use to draw congressional districts.
In the most divisive of cases, including the Bush vs. Gore decision in 2000, she was often at odds with the court’s more conservative members — initially Chief Justice William Rehnquist and Justices Sandra Day O’Connor, Antonin Scalia, Anthony Kennedy and Clarence Thomas.
The division remained the same after John Roberts replaced Rehnquist as chief justice, Samuel Alito took O’Connor’s seat, and, under Trump, Neil Gorsuch and Brett Kavanaugh joined the court, in seats that had been held by Scalia and Kennedy, respectively.
Ginsburg would say later that the 54 decision that settled the 2000 presidential election for Republican George W. Bush was a “breathtaking episode” at the court.
She was perhaps personally closest on the court to Scalia, her ideological opposite. Ginsburg once explained that she took Scalia’s sometimes biting dissents as a challenge to be met.
“How am I going to answer this in a way that’s a real putdown?” she said.
When Scalia died in 2016, also an election year, McConnell refused to act on Obama’s nomination of Judge Merrick Garland to fill the opening. The seat remained vacant until after Trump’s surprising presidential victory.
House Speaker Nancy Pelosi, DSan Francisco, said Ginsburg’s death is “an incalculable loss for our democracy and for all who sacrifice and strive to build a better future for our children.”
The Democratic leader said Congress must ensure that the person who replaces Ginsburg on the court “upholds her commitment to equality, opportunity and justice for all.”
Ginsburg authored powerful dissents of her own in cases involving abortion, voting rights and pay discrimination against women. She said some were aimed at swaying the opinions of her fellow judges while others were “an appeal to the intelligence of another day” in the hopes that they would provide guidance to future courts.
“Hope springs eternal,” she said in 2007, “and when I am writing a dissent, I’m always hoping for that fifth or sixth vote — even though I’m disappointed more often than not.”
She wrote memorably in 2013 that the court’s decision to cut out a key part of the federal law that had ensured the voting rights of Black people, Latinos and other minorities was “like throwing away your umbrella in a rainstorm because you are not getting wet.”
Change on the court hit Ginsburg especially hard. She dissented forcefully from the court’s decision in 2007 to uphold a nationwide ban on an abortion procedure that opponents call partialbirth abortion. The court, with O’Connor still on it, had struck down a similar state ban seven years earlier. The “alarming” ruling, Ginsburg said, “cannot be understood as anything other than an effort to chip away at a right declared again and again by this court — and with increasing comprehension of its centrality to women’s lives.”
Joan Ruth Bader was born in Brooklyn, N.Y., in 1933, the second daughter in a middleclass family. Her older sister, who gave her the lifelong nickname “Kiki,” died at age 6, so Ginsburg grew up in Brooklyn’s Flatbush section as an only child. Her dream, she has said, was to be an opera singer.
Ginsburg graduated at the top of her Columbia University law school class in 1959 but could not find a law firm willing to hire her. She had “three strikes against her” — for being Jewish, female and a mother, as she put it in 2007.
She had married her husband, Martin, in 1954, the year she graduated from Cornell University. She attended Harvard University’s law school but transferred to Columbia when her husband took a law job there. Martin Ginsburg went on to become a prominent tax attorney and law professor. Martin Ginsburg died in 2010. She is survived by two children, Jane and James, and several grandchildren.
Ginsburg once said that she had not entered the law as an equalrights champion.
“I thought I could do a lawyer’s job better than any other,” she wrote. “I have no talent in the arts, but I do write fairly well and analyze problems clearly.”