Daily Press

A tireless advocate of equality

Ginsburg was a jurist who ‘achieved greatness before she became a great justice’

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Ruth Bader Ginsburg wanted a fair shot from America. Facing discrimina­tion due to her gender, she spent her life making this a more just and equal nation. The United States, in turn, heaped a lot on her diminutive, sturdy shoulders. Her death on Friday at age 87 put that squarely into focus.

The nation would be mourning Ginsburg today even if she never earned confirmati­on to the U.S. Supreme Court. Her pioneering work on behalf of American women and in defense of equal rights secured her place in history long before her 1993 nomination.

As co-founder of the Women’s Rights Project at the American Civil Liberties Union, she argued some of the foundation­al cases that expanded the Equal Protection Clause of the 14th Amendment to include gender discrimina­tion.

She was an initially reluctant if determined trailblaze­r, someone whose fight for equality was born of personal adversity and as a witness to discrimina­tion. Ginsburg was one of nine women in her class at Harvard Law School when the dean, hosting a dinner, asked each of the female students “to stand up and tell him what we were doing taking a seat that could be occupied by a man.”

She ultimately argued more than 300 cases about gender discrimina­tion, winning five of the six she argued before the Supreme Court. That was before spending 13 years on the U.S. Court of Appeals for the District of Columbia Circuit, which led to her appointmen­t to the Supreme Court.

Her advocacy for gender equality continued there, including her landmark decision in United States v. Virginia which opened the Virginia Military Institute to female cadets, though the list of her most influentia­l opinions is hardly confined to that one area of the law.

In fact, it was often when she was on the losing side of an argument — writing in dissent — that she crafted some of her most powerful and compelling arguments. In some cases, it was enough to prod federal lawmakers into finding legislativ­e remedies, as the system is intended to work.

Her death last week hit women especially hard given the polarizati­on of the court and the possibilit­y that gains for gender equality, reproducti­ve rights and health care access may be undone should her successor solidify a conservati­ve majority.

The U.S Supreme Court remains the most opaque of the principal institutio­ns of our federal system. Its deliberati­ons are held in secret; its sessions are not broadcast or even filmed. The court in May allowed live audio broadcasts of its oral arguments for the first time, meaning it took a pandemic for the justices to warm to 19th century technology.

Precious little is truly known about how the justices go about their important work. Yet the court holds tremendous sway over the nation, wielding its power of judicial review to strike down laws, shape policies and interpret the U.S. Constituti­on in whatever manner wins the argument and carries the day.

Ginsburg was the second-longest tenured justice serving in the court — Clarence Thomas joined two years before her confirmati­on — and she outlasted three members who retired and are still living: Sandra Day O’Connor, Anthony Kennedy and David Souter.

Souter’s brief statement of tribute to Ginsburg speaks volumes: “Ruth Ginsburg was one of the members of the court who achieved greatness before she became a great justice. I loved her to pieces.”

Much has been made, especially in recent years, about Ginsburg’s place on the court and her influentia­l role among the liberal wing. But it’s important to remember that she, like her close friend and frequent foil Antonin Scalia, cared deeply about the institutio­n and its place in the public trust.

That is diminished when the nation’s leaders value partisan loyalties over judicial independen­ce or legal experience. And it is especially worrisome at so pivotal and delicate a moment in the nation’s history.

The United States is better for Ginsburg’s public service. Will elected officials charged with choosing her replacemen­t be able to say the same?

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