"For Ruth Bader Ginsburg"
TRIBUTE by: SAKSHI LAL ✦ INDIA
Introduction
Ruth Bader Ginsburg was one of the most powerful legal personas of our time, a justice of the U.S. Supreme Court committed to a lifelong struggle for vindication of women's rights. Her leading litigation career in the courts marked the advancement of women's rights, and her judicial philosophy has placed great emphasis on the role of fairness, precedent, and social justice. The essay explores Ginsburg's contribution to legal history, her impact on the law of gender discrimination, and her enduring legacy in shaping constitutional jurisprudence.
II. Early Life and Struggles in the Legal Profession
The path to becoming a lawyer was not easy for Ginsburg. She went to Harvard Law School and was one of nine women in a class of over 500 men. Although she did well academically, she still faced gender-based discrimination, including being asked by the dean of the law school why she had taken a place that could have gone to a man. She transferred to Columbia Law School, graduating first in her class, but found that no one wanted to hire a female lawyer - "I struck out on three grounds: I was Jewish, a woman, and a mother." Early in her career, she clerked for a judge, taught law at Rutgers and Columbia, and co-founded the Women's Rights Project at the American Civil Liberties Union (ACLU). Through this work, she began to develop some of the legal arguments used to strike down laws allowing institutionalized gender discrimination.
III. Fighting for Gender Equality: Landmark Cases
Before her appointment to the Supreme Court, Ginsburg was an activist for women's rights and argued six cases before the U.S. Supreme Court-winning five. The cases played a pivotal role in the development of constitutional protections against sex discrimination:
In Reed v. Reed (1971) it was the first time the Supreme Court invalidated a law based on gender discrimination, holding that automatically preferring men over women as estate administrators violated the Equal Protection Clause of the 14th Amendment. In Frontiero v. Richardson (1973) Ginsburg argued that classifications based on sex in military spousal benefits violated the Constitution and showed how such gender stereotyping hurt both females and males. In Weinberger v. Wiesenfeld (1975) she argued successfully that a widowed father should be entitled to the same Social Security benefits as a widowed mother, further challenging gender roles in law.
She had a very clever and strategic approach - she thought it was best to take down sexist laws and policies one by one, instead of asking the Supreme Court to outlaw all rules that treat men and women unequally.
IV. Judicial Career and Landmark Decisions
In 1993, President Bill Clinton appointed Ginsburg to the U.S. Supreme Court, making her the second woman to serve on the bench. As a Justice, she became known for her progressive stance on civil rights, women's rights, and legal precedent. Some of her most significant opinions and dissents include:
United States v. Virginia (1996)
Ginsburg wrote the majority opinion invalidating the Virginia Military Institute (VMI) 's male-only admission policy, emphasizing that exclusionary practices based on gender run afoul of the Equal Protection Clause. Virginia was unable to show the “exceedingly persuasive justification” required for its sex-based action, she said. “‘Inherent differences’ between men and women, we have come to appreciate, remain cause for celebration, but not for denigration of the members of either sex or for artificial constraints on an individual’s opportunity. Sex classifications may be used to compensate women ‘for particular economic disabilities [they have] suffered,’ But such classifications may not be used, as they once were, to create or perpetuate the legal, social, and economic inferiority of women.”
Gonzales v. Carhart (2007)
In public speeches and in abortion cases before the court, Ginsburg repeatedly emphasized what she believed was fundamentally at stake for women in challenges to the abortion right. Her comments in this quote came from her 2007 dissent in Gonzales v. Carhart in which a 5-4 majority upheld the federal “Partial-Birth Abortion Act.” The court, for the first time, approved a type of abortion ban that made no exceptions for the health of the woman. “As Casey comprehended, at stake in cases challenging abortion restrictions is a woman’s ‘control over her [own] destiny.’ Their ability to realize their full potential, the Court recognized, is intimately connected to ‘their ability to control their reproductive lives.’ Thus, legal challenges to undue restrictions on abortion procedures do not seek to vindicate some generalized notion of privacy; rather, they center on a woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature.”
Shelby County v. Holder (2013)
In yet another powerful dissent, she disagreed with the Court's weakening of Voting Rights Act, warning it would lead to voter suppression—a concern that later proved true. “Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.” Her dissents became famous, often signaling future shifts in the law. She even earned the nickname Notorious RBG, reflecting her cultural impact.
V. Legacy and Impact
The influence of Ginsburg went beyond the decisions of the courts. She was a beacon to symbolize women's empowerment and resilience, inspiring generations of law students, activists, and politicians. Her commitment to gender equality, judicial independence, and civil rights reshaped modern constitutional law. Her death, in September 2020, was a moment of national mourning, a reflection of the lasting impact she had. Her passing tipped the ideological balance on the Supreme Court, but her dissents, opinions, and advocacy remain bedrock in legal history.
VI. Conclusion
Ruth Bader Ginsburg was more than just a Supreme Court Justice-she was a trailblazer who changed the landscape of American law. From her early legal battles against gender discrimination to her powerful Supreme Court opinions and dissents, she left a legacy of fairness, justice, and perseverance. Her work continues to inspire legal scholars and activists, proving that the fight for equality is an ongoing pursuit.
FOOTNOTES
1. “Ruth Bader Ginsburg," Oyez, www.oyez.org
2. “Ruth Bader Ginsburg | Biography,” Britannica, www.britannica.com.
3. "Ruth Bader Ginsburg: Who was she and why was she so important,” BBC News, 22 September 2020, www.bbc.co.uk.
4. “New Research Finds Parallels Between German Votes in 1933 and Now,” The
Economist, 16 March 2019, www.economist.com.
5. Marcia Coyle, "5 of Ruth Bader Ginsburg's most powerful Supreme Court Opinions," PBS, 23 September 2020, www.pbs.org.
6. Liz Mineo, "The life and legacy of RBG," The Harvard Gazette, 20 September 2020, www.news.harvard.edu.
FOOTNOTES
1. "United Nations and Rule of Law", United Nations : Enviromental Law, https://www.un.org/ruleoflaw/thematic-areas/land-property-environment/environmental-law/.
2. "Renewable energy – powering a safer future, United Nations: Climate Change", United Nations, https://www.un.org/en/climatechange/raising-ambition/renewable-energy.
3. "Biodiversity - our strongest natural defense against climate change", United Nations: Climate Change, https://www.un.org/en/climatechange/science/climate-issues/biodiversity.
4. "Environmental Rule of Law: First Global Report", United Nations: Environment, https://wedocs.unep.org/bitstream/handle/20.500.11822/27279/Environmental_rule_of_law.pdf?sequence=1&isAllowed=y.
5. See Id.