Truly inspirational, Ruth Bader Ginsburg was the former associate justice of the Supreme Court of the United States of America. She was the second female Jurist to be appointed to serve the Supreme Court. All her Life, Ruth Bader Ginsburg was known for her sharp wit and was honored as a liberal hero advocating for the gender rights. An intellectual being spirited with a desire to bring a positive change in the world. Dean John F. Manning (’85) of the prestigious Harvard law school describes ‘Justice Ginsburg personified the best of what it meant to be a judge. She brought a deep intellectual and personal integrity to everything she did. Her powerful and unyielding commitment to the rule of law and to equal justice under law place her among the great justices on the annals of the court. She was also one of the most impactful lawyers of the twentieth century, whose historic work advocating against gender discrimination and for equal rights for all opened doors for countless people and transformed our society. She was an inspiring and courageous human being…’
Bader gained a lot of appreciation in the eyes of not only the legal community but the whole world due to her intellectual dissent in landmark cases. Because of her strong opinions and outspokenness, she was referred to as the ‘Notorious RBG’ after the famous Hip–hop rapper ‘Notorious Big’.
Ruth Bader passed away on September 18, 2020 at the age of 87 in Washington D.C, US after battling Metastatic pancreatic cancer. Inspired from her life, many people describe Ginsburg as ‘what America should be’.
EARLY LIFE AND LEGAL CAREER–
Ruth Ginsburg was born as Joan Ruth Bader in a well observant Jewish family. She was the younger of the two siblings of Nathan and Celia Bader. As a school going child, Ruth excelled in her studies and actively participated in all the extra-curricular activities. She was a good student throughout her high school year. Ruth’s mother Celia, died of cancer before her high school graduation.
Ruth Bader started her formal college education at the Cornell University where she met her husband, Martin Ginsburg whoplayed a great role in influencing her to pursue law as a career. Vladimir Nabokov and Robert Cushman were two other people who had heavily influenced Ruth’s mind set.
Ruth joined the Harvard Law School to study law. She was an exceptionally bright student. While completing her hectic course work, Ruth also actively held the position of the editorial staff of the Harvard Law School. Despite the burdening lifestyle, Ruth did not take a back seat to provide care to her daughter and her husband who was suffering from cancer at that time. Ruth graduated in law from the Columbia Law University where she finished by topping her class in 1959.
Despite the excellent academic history and strong understanding of the law, she was unable to find any employment which is believed to be because of the fact that she was a woman and mother. The possibility accounts due to the fact that there was an absence of a large number of female lawyers in the US. Ruth Bader embarked on her legal journey after she joined the clerkship in the Southern District court of New York (1959-61). This professional endeavor was followed by many other positions including Associate Director of Columbia Law School’s project on international procedure (1962-63), assistant professor at Rutgers school of law (1963), a judge at the U.S Courts of Appeals (District of Columbia circuit) and finally was nominated by President Bill Clinton. She received confirmation by the Senate on August 3, 1993 (96-3 votes).
FEMINEST ICON:
Ruth Bader was and is recognized as a trailblazer of gender equality. She has heavily contributed towards the protection and promotion for gender even during the times when such ideas were not in vogue. Ruth Bader began her formal journey in thearea of gender equality in 1970 when she moderated a panel of students in a discussion on ‘Women’s liberation’. The event inspired Ruth to explore more about the issue. In 1971, Ruth wrote two law review articles on ‘gender discrimination’ issues. Her journey as an advocate of gender equality grew more prominent when Ruth joined the American Civil Liberties Union (ACLU) to deal with federal cases.
Further in 1972, Ruth became the Co-founding member of the Women’s Right Project under the ACLU. She also authored and co-authored many law casebooks on the issues of gender discrimination. She also published various review articles on different Supreme court brief’s regarding the same issue. While pondering on the issue of sex discrimination, Ruth was of an opinion that “‘Inherent difference’ 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 classification may not be used, as they once were, to create or perpetuate the legal, social and economic inferiority of women”
THE CHAMPION OF LIBRAL ADJUDICATION: NOTABLE CONTRIBUTIONS
Ruth Bader’s iconic legacy has heavily influenced the ideals of justice and democracy, she is known for her significant mark on the growing wave of feminism and basic social ideals which form part of our everyday life. One of her most notable contribution in the legal field which earned her the huge respect among the masses was in the landmark case of United State v. Virginia wherein a claim was made before the court to challenge the male-only criteria for the admission to the Virginia Military Academy. Ruth in this case argued the policy of the academy was not only violative of the equal protection clause given in the 14th Amendment but was also arbitrary. The academy lacked a reasonable explanation to justify the selection based on sex. Court at one point observed that ‘There is no reason to believe that the admission of women capable of all the activities required of VMI cadets would destroy the institute rather than enhance its capacity to serve the ‘more perfect Union’.
Ruth Bader’s approach was not only limited to the rights of women or the LGBTQ, her favorable decisions covered under their ambit even the people with disabilities. Olmstead v. L.C is one such example which serves as a big win for the people with disabilities. In this case, where two women who were suffering from mental illness were compelled to stay within the institute despite an affirmation for the medical professional for the community-based program. Ginsburg in this case observed ‘States are required to place persons with mental disabilities in community setting rather than in institution when the state’s treatment professionals have determined that community placement is appropriate…”
In the famous case of Ledbetter v. Goodyear Tire and Rubber company case, the case was an appeal before the supreme court against the decision of the federal court wherein one Lily Ledbetter had sued her employer when she found that she was being paid less than her male colleagues. In this case, Ruth expressed her dissent and argued for equal pay. Her dissent influenced the passing of the Lily Ledbetter Fair Pay Act which was signed in 2009 by then president Barack Obama.
Ruth Bader earned the title of the notorious RBG after her sharp dissent against the decision of the Supreme court in 2013 to struck down the provision where approval from the department of Justice was required by the state to make amendments to the laws relating to voting. Ginsburg wrote “the sad irony of today’s decision lies in (the court’s) utter failure to grasp why the (law) has proven effective”. After this decision, Ruth Bader earned a popular name as a cultural icon.
Some landmark cases which changed the face of America’s socio-cultural life are also part of the Ginsburg legacy. In the case of Obergefell v. Hodges (2015), where the issues were regarding the marriage of the same sex. In this case, Ruth Bader favored the decision of the majority to quash the ban on the same sex marriage. This decision was welcomed all over the United States, labeling Ginsburg as a ‘gender right champion’.
In another case of Whole Woman’s Health v. Hellerstedt (2016)which was regarding to the issue of abortion. The Supreme court struck down the HB 2 (Texas’ restrictive Omnibus Abortion bill) which laid down restrictions of abortion. Ruth Bader opinioned that “it is beyond rational belief that H.B.2 could genuinely protect the health of women, and certain that the law would simply make it more difficult for them to obtain abortion. She further added to her opinion that “when a State severely limits access to safe and legal procedures, women in desperate circumstances may resort to unlicensed rogue practitioners… at great risk to their health and safety.”
CONCLUSION: REMEMBERING RUTH GINSBURG.
Ruth Bader Ginsburg passed away on 18 September 2020 leaving the whole world in tears and mourning. Ruth Ginsburg is reminisced as a woman who always fought for what was right and did not allow any drawbacks to hinder her journey of delivering justice. Her contributions and legacy heavily impacted the people all across the globe and surged the people with the energy to carry out the fight against inequality of which she had been a stern advocate. All her life and even during her old age, Ruth Bader did not give up on the fight against any kind of discrimination.
Ruth Ginsburg will be remembered as a woman who truly lived up to her words, “I would like to be remembered as someone who used whatever talent she had to do her work to the very best of her ability”.