Like so many
Americans across the country, I, too, am mourning the news that U.S.
Associate Justice Ruth Bader Ginsburg has died due to complications
from metastatic pancreatic cancer. She was 87. As a soft-spoken
firebrand and feminist icon, Ginsburg leaves a titanic influence on
the law, a legacy unmatched by any other jurist. As a feisty
octogenarian on the Supreme Court bench, Ginsburg earned the moniker
Notorious R.B.G.- a play off the deceased rapper Notorious B.I.G.
And, as a pop-cultural phenom, her image as the “Notorious
R.B.G.” is on T-shirts and coffee mugs. A 2018 film “On
the Basis of Sex” and documentary “RBG” depicting
Ginsburg’s life as an attorney have inspired a new wave of
young feminists and little girls to follow in her footsteps.
Ginsburg
followed in the footsteps of a legal giant, too. Ginsburg was called
the Thurgood Marshall of the 1970s women’s movement. (Marshall
most famous court victory, Brown v. Board of Education (1954)) In
referring to Marshall in a September 2014 interview in “The New
Republic,” Ginsburg stated, “He was my model as a lawyer.
You mentioned that I took a step-by-step, incremental approach; well,
that’s what he did until he had those building blocks to end
separate-but-equal.”
One
of Ginsburg’s famous dissents was the 2007 case of “Ledbetter
v. Goodyear Tire & Rubber Company,” on gender
discrimination. Lilly Ledbetter argued pay disparity because of her
gender, citing that it’s a violation of Title VII of the Civil
Rights Act of 1964. A 5–4 vote favored Goodyear. Ginsburg wrote
the dissenting opinion, stating, “Pay disparities often occur,
as they did in Ledbetter’s case, in small increments; cause to
suspect that discrimination is at work develops over time.
Comparative pay information, moreover, is often hidden from the
employee’s view.” In a bold move, Ginsburg read her
dissent publicly from the bench. In 2009, President Obama signed the
Lilly Ledbetter Fair Pay Act, making it easier for women to challenge
wage discrimination.
Ginsburg
fought not only for women’s right but also LGBTQ+ rights, like
same-sex marriage (Obergefell v. Hodges, 2015), African American
voting rights (Shelby County v. Holder, 2013), the rights for persons
with disabilities - Olmstead v. L.C. (1999), environmental justice -
Earth v. Laidlaw Environmental Services (2000), to name just a few
from her impressive list.
Ginsburg’s
lens on justice was intersectional before the word became popular in
the public sphere because of her identity with a persecuted group,
citing her Jewish history and the Holocaust. “My heritage as a
Jew and my occupation as a judge fit together symmetrically. The
demand for justice runs through the entirety of Jewish history and
Jewish tradition. I take pride in and draw strength from my heritage,
as
signs in my chambers attest: a large silver mezuzah on my door post,
[a] gift from the Shulamith School for Girls in Brooklyn; on three
walls, in artists’ renditions of Hebrew letters, the command
from Deuteronomy: ‘Zedek, zedek, tirdof’ –
‘Justice, justice shall you pursue.’ Those words are
ever-present reminders of what judges must do that they ‘may
thrive,’”
Ginsburg said in a 2004 speech at the U.S. Holocaust Memorial Museum.
Ginsburg’s
death comes as a crushing blow to those of us who believe in building
a multicultural democracy and a participatory government, where
protests are understood as a citizen’s First Amendment right to
do so. As Ginsburg is laid to rest, a fierce fight is unfolding over
her successor at a time of intense political polarization and with
just weeks of the presidential election. However, in her final days,
Ginsburg told her granddaughter, Clara Spera, the following: “My
most fervent wish is that I will not be replaced until a new
president is installed.”
As
this battle ensues, over the weekend, thousands of women, myself
included, gathered at vigils that took place across the country to
mourn and celebrate the life and work of this feminist icon and
trailblazer. Ginsburg’s 27 years on the nation’s high
court as a preeminent litigator played an epic role in advancing
women’s rights, gender equity, and civil rights. She was a
voice for all Americans.
Ginsburg
was the first Jewish woman to sit on the Supreme Court. She died on
the eve of Rosh Hashanah, the Jewish New Year. According to Jewish
tradition, a person who dies on this High Holiday is a “tzaddik,”
a person of great righteousness. Also, Justice Ginsburg was a humble
person who exuded a quiet grace. In a 2015 interview with MSNBC,
Ginsburg said she “would like to be remembered as someone who
used whatever talent she had to do her work to the very best of her
ability. And to help repair tears in her society, to make things a
little better through the use of whatever ability she has.”
Ginsburg’s
advocacy for justice was unwavering and showed it, especially with
each oral dissent. In another oral dissent, Ginsburg quoted a
familiar Martin Luther King Jr. line, adding her coda: “The arc
of the universe is long, but it bends toward justice,” but only
“if there is a steadfast commitment to see the task through to
completion.” Like the outstanding Americans we have lost in the
last couple of months - Civil Rights icon, Congressman John Lewis,
and Black Panther star, Chadwick Boseman, who bent the moral arc
toward justice, U.S. Associate Justice Ruth Bader Ginsburg did, too.
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