Tag Archives: women’s rights

Supreme Court Must-Read: Jeffrey Toobin’s New Yorker Profile of Justice Ruth Bader Ginsburg

Ruth Bader Ginsburg SOTU

She’s still got it: Justice Ruth Bader Ginsburg receives a warm welcome at the State of the Union.

The New Yorker has just published Jeffrey Toobin’s illuminating profile on Justice Ruth Bader Ginsburg ahead of her 80th birthday on March 15th. (Subscribers to the magazine can access the full text of the ironically-titled piece, “Heavyweight,” at this link.) Chronicling Justice Ginsburg’s early struggles in the male-dominated legal world of the 1950s (Ginsburg had trouble finding someone who would hire her despite having graduated first in her class at Columbia Law), her triumphs as a leading women’s rights advocate with the ACLU, her marriage to the late tax attorney Martin Ginsburg, and her tenure on the Supreme Court, the profile is an understated and touching pre-tribute to the Justice who conventional wisdom tells us is most likely to retire next.

From same-sex marriage ceremonies to retired Justice Sandra Day O’Connor, partial-birth abortion bans to Lilly Ledbetter, “Heavyweight” is full of interesting tidbits and little gems from Justice Ginsburg herself

On her brief-writing strategy while litigating cases before the Supreme Court:

“I was doing all these sex-discrimination cases, and my secretary said, ‘I look at these pages and all I see is sex, sex, sex. The judges are men, and when they read that they’re not going to be thinking about what you want them to think about,’ ” Ginsburg recalled. Henceforth, she changed her claim to “gender discrimination.”

On work-life balance:

“It bothers me when people say to make it to the top of the tree you have to give up a family. They say, ‘Look at Kagan, look at Sotomayor’ … What happened to O’Connor, who raised three sons, and I have James and Jane [her son and daughter with Martin Ginsburg]?”

On Chief Justice John Roberts:

“For the public, I think the current Chief is very good at meeting and greeting people, always saying the right thing for the remarks he makes for five or ten minutes at various gatherings.”

On how long she will remain on the bench:

“As long as I can do the job full steam… You can never tell when you’re my age. But, as long as I have the candlepower, I will do it. And I figure next year for certain. After that, who knows?”

Money quotes aside, Toobin’s piece is particularly fascinating when he discusses Justice Ginsburg’s views on the relationship between Congress and the Court. Though she is classified as one of the Supreme Court’s liberals in the vein of Earl Warren and Thurgood Marshall, Ginsburg does not share these predecessors’ conviction that the Court should be the driving force for widespread social change. Instead, Toobin writes, she believes that the Court’s role is to begin dialogue with the elected branches of government, to ask them to reconsider “ancient positions” that may no longer work in our day and age, and then to kick the proverbial ball back to them. In this respect, Justice Ginsburg is very much like President Obama, who also prefers to see social change enacted through the legislative rather than judicial arena (and whose similar views on the judiciary have also been discussed at length by Toobin). It is little wonder, then, that the two seem to get along so famously.

Anyway, the profile is a must-read for anyone who is interested in the Supreme Court, the women’s rights movement, or even just a good life story.

Apparently “baby killing” is not such an effective scare tactic anymore

Today marks the 40th anniversary of Roe v. Wade, and a new poll reveals that the ruling is more popular now than it’s ever been before:

Seven in 10 adults say the Supreme Court should not overturn its landmark decision establishing abortion rights, according to a new Wall Street Journal/NBC poll.

That is the highest level of support for Roe v. Wade in the poll’s 24 years of tracking the question. Only about one in four said the court should overturn its verdict.

Michael Tomasky zooms out:

Same-sex marriage approval. Marijuana legalized. Now this. It continues to amaze me how the country has flipped culturally. I think this is probably Obama’s biggest impact, more than health care or anything else. He’s changed the political culture of the country. In some senses by doing particular things–repealing don’t ask, don’t tell. But in other senses just by being Barack Obama.

In accepting him as their president (which 70 percent of Americans happily do, even when they may disagree with this or that policy), Americans appear also to have accept in some internal way that it’s a different time and a different country now. It seems natural that that psychic change would first manifest itself in certain shifting cultural attitudes, as these are low-hanging fruit compared to the big policy changes that face ferocious opposition in Washington.

It may also be that it’s not really Obama who made these changes, that they were well in formation when he just happened to come along and embody them. I think here of the Beatles as an analogy. They certainly changed the culture and the world and led a revolution, but many societal factors were lined up in harmony just waiting for someone to come along and pop the cork: the rise of the teenage demographic, the end of conscription (in Britain, which gave young males more freedom), and so on. Everything came together and boom it all went. Same kind of thing here.