The passing of an icon and the tumultuous times ahead
Ruth Bader Ginsburg, associate justice of the Supreme Court, champion of women’s rights and unexpected cultural icon, certainly left her mark on American society.
While her passing has kicked off what was naturally going to be a heated and divisive fight over her replacement, we take this moment to reflect on her legacy.
Born Joan Ruth Bader on March 15, 1933 toNathan Bader, whowas born near Odessa, Ukraine and emigrated to the U.S. when he was 13, and Celia Amster Bader, the daughter of Polish immigrants, future Justice Ginsburg let nothing get in her way.
In 1956, shewas one of just nine women enrolled at Harvard Law School, later transferring to Columbia Law School, where she finished first in her class. Despite her brilliance and qualifications, she was confronted with the barrier of sexism. In 1960, despite the strong recommendation of Harvard Law School dean Albert Sachs, Supreme Court Justice Felix Frankfurter declined to select Ginsburg to clerk for him, simply because she was a woman.
Ginsburg pressed on, becoming a professor at Rutgers Law School in 1963, one of very fewfemale law professors in the country at the time. In the early 1970s, she became general counsel for theWomen’sRights Project at the American Civil Liberties Union. In that capacity, she took up and successfully argued several gender discrimination cases before the Supreme Court.
By the time shewas nominated to the Supreme Court in 1993, Ginsburg had long since established a track record to be proud of, having done her part to ensure that the promise of America is extended to all Americans regardless of gender.
On the court, Ginsburg’s record was, as is true of any justice, a mixed bag.
In recent years, she sided with the majority in extending and protecting the right tomarry to same-sex couples. And she sidedwith themajority in Carpenter v. United States ruling that police must get a warrant before searching cell phone location records, a key win against the federal surveillance state. These are certainly welcomed advances and defenses of freedom.
On the other hand, Ginsburg sided with the majority, for example, in Kelo v. City of New London, which affirmed that government can seize and redevelop private property in pursuit of economic gain.
Ultimately, Ginsburg will be best remembered for her role as a pivotal trailblazer for women’s rights and gender equality. One might not always have agreed with “RBG,” as she came to be known, but one can’t deny that she served her country, did what she thought was right and did so without being a polarizing firebrand.
Indeed, her famed friendship with the late Justice Antonin Scalia provides a key lesson for the country as we enter the last leg before theNovember election and a bitter battle over her replacement: You do not need to demonize those with whom you disagree.
Clearly, there are big matters at stake in court appointments and presidential contests. With the broad powers of the federal government, and the tendency of Congress to punt on big questions, it is only reasonable that people will have intense thoughts about replacing Ginsburg on the court.
Disagreement and debate are essential to our system of government. But we don’t need to rip each other, or our nation, apart in the process.