Everything about Ruth Bader Ginsburg totally explained
Ruth Joan Bader Ginsburg (born
March 15 1933,
Brooklyn, New York) is an
Associate Justice on the
U.S. Supreme Court. Appointed by
Democratic President
Bill Clinton, she's considered to be one of the Court's two most liberal justices.
Having spent 13 years as a federal judge, but not being a career jurist, she's unusual as a Supreme Court justice for having spent the majority of her career as an advocate for specific causes, as a lawyer for the
National Organization for Women (NOW) and an in-house counsel for the
American Civil Liberties Union. She served as a professor at
Rutgers University School of Law and
Columbia Law School and a federal judge on the
United States Court of Appeals for the District of Columbia Circuit. She is the second woman and the first Jewish woman to serve on the United States Supreme Court. In 2007, Forbes magazine rated her as the 20th most powerful woman in the world, and as the most powerful female lawyer in the world.
Early life
Ginsburg was born Ruth Joan Bader in
Brooklyn,
New York, the second daughter of Nathan and Celia Bader. Ginsburg's family called her "Kiki". Her mother took an active role in her education, taking her to the library often. Ginsburg attended
James Madison High School, whose law program later dedicated a courtroom in her honor.
Her older sister died when she was very young. Her mother struggled with cancer throughout Ginsburg's high school years and died the day before her graduation.
Ruth Bader married
Martin D. Ginsburg, later a professor of law at
Georgetown University Law Center and an internationally prominent tax lawyer, in 1954. Their daughter
Jane is Professor of Literary and Artistic Property Law at the
Columbia Law School, and their son James is founder and president of
Cedille Records, a classical music recording company based in Chicago.
Ginsburg received her
B.A. from
Cornell University, where
Vladimir Nabokov was among her professors. In 1954 she enrolled at
Harvard Law School. When her husband took a job in New York City she transferred to
Columbia Law School and became the first woman to be on both the
Harvard and
Columbia law reviews. She earned her
LL.B. degree at Columbia, tied for first in her class.
In 1959 Ginsburg began a clerkship for Judge Edmund L. Palmieri of the
United States District Court for the Southern District of New York. From 1961 to 1963 she was a research associate and then associate director of the Columbia Law School Project on International Procedure, learning
Swedish to co-author a book on judicial procedure in
Sweden. Ginsburg conducted extensive research for her book in Sweden at the
University of Lund.
She was a Professor of Law at
Rutgers School of Law-Newark from 1963 to 1972, and at Columbia from 1972 to 1980, where she became the first tenured woman and co-authored the first law school case book on
sex discrimination.
In 1977 she became a fellow at the Center for Advanced Study in the Behavioral Sciences at
Stanford University. As the chief litigator of the
ACLU's women's rights project, she argued several cases in front of the Supreme Court and attained a reputation as a skilled oral advocate.
Judicial career
Ginsburg was appointed a Judge of the
United States Court of Appeals for the District of Columbia Circuit by
President Carter in 1980.
President
Bill Clinton nominated her as an Associate Justice of the Supreme Court on
June 14 1993. During her subsequent confirmation hearings in the
U.S. Senate, she refused to answer questions regarding her personal views on most issues or how she'd adjudicate certain hypothetical situations as a Supreme Court Justice. A number of Senators on the committee came away frustrated, with unanswered questions about how Ginsburg planned to make the transition from an advocate for causes she personally held dear, to a Justice on the highest court in America. Despite this, Ginsburg refused to discuss her beliefs about the limits and proper role of jurisprudence, saying "Were I to rehearse here what I'd say and how I'd reason on such questions, I'd act injudiciously".
At the same time, Ginsburg did answer questions relating to some potentially controversial issues. For instance, she affirmed her belief in a constitutional right to privacy, and explicated at some length on her personal judicial philosophy and thoughts regarding gender equality. The U.S. Senate confirmed her by a 96 to 3 vote and she took her seat on
August 10 1993.
Ginsburg characterizes her performance on the court as a cautious approach to adjudication, and argued in a speech shortly before her nomination to the Supreme Court that "[m]easured motions seem to me right, in the main, for constitutional as well as common law adjudication. Doctrinal limbs too swiftly shaped, experience teaches, may prove unstable." Ginsburg has urged that the Supreme Court allow for dialogue with elected branches, while others argue that would inevitably lead to politicizing the court.
Though Ginsburg has consistently supported
abortion rights and joined in the Supreme Court's opinion striking down
Nebraska's partial-birth abortion law in
Stenberg v. Carhart (2000), she's criticized the court's ruling in
Roe v. Wade as terminating a nascent, democratic movement to liberalize abortion laws which might have built a more durable consensus in support of abortion rights. She has also been an advocate for using foreign law and norms to shape U.S. law in judicial opinions, in contrast to the
textualist views of her colleagues Chief Justice
John Roberts, Justice
Antonin Scalia, Justice
Clarence Thomas and Justice
Samuel Alito. Despite their fundamental differences, Ginsburg considers Scalia her closest colleague in the Court, often dining and attending operas together.
Ginsburg was diagnosed with
colo-rectal cancer in 1999 and underwent surgery followed by chemotherapy and radiation treatments. The condition appears to be arrested.
Ginsburg is part of the "
liberal wing" in the current court and has a
Segal-Cover score of 0.680 placing her as the most liberal (by that measure, which takes no account of judicial actions post-confirmation) of current justices, although more moderate than those of many other post-
War justices. In a 2003 statistical analysis of Supreme Court voting patterns, Ginsburg emerged the second most liberal member of the Court (behind
Justice Stevens).
Some notable cases in which Ginsburg wrote an opinion:
"Ginsburg Precedent"
More than a decade passed between the time Ginsburg and
Stephen Breyer were appointed and the time another justice left the court. In that time, both Congress and the White House had switched to Republican control. When
Sandra Day O'Connor announced her retirement in the summer of 2005 (with
William Rehnquist's death a few months later), both sides began to squabble about just how many questions President
George W. Bush's nominees would be expected to answer. The debate heated up when hearings for
John Roberts began in September 2005. Republicans used an argument that they called the "Ginsburg Precedent", which centered on Ginsburg's confirmation hearings. In those hearings, she didn't answer some questions involving matters such as
abortion,
gay rights,
separation of church and state, rights of the disabled, and so on. Only one witness was allowed to testify "against" Ginsburg at her confirmation hearings, and the hearings lasted only four days.
In a
September 28,
2005, speech at
Wake Forest University, Ginsburg said that Chief Justice Roberts refusing to answer questions on some cases was "unquestionably right." However, as the following sentence in the speech made clear, this statement didn't affirm the existence of a "precedent" which the Judiciary Committee was obliged to follow; it was merely a statement the nominee could, at his discretion, refuse to answer questions about how he might rule.
Democrats had argued against Roberts' refusal to answer certain questions, saying that Ginsburg had made her views very clear, even if she didn't comment on all specific matters, and that due to her lengthy tenure as a judge, many of her legal opinions were already available for review. Democrats also pointed out that Republican Senator
Orrin Hatch had recommended Ginsburg to then-President Clinton, which suggested Clinton worked in a bipartisan manner. Hatch also recommended Roberts.
During the
John Roberts confirmation hearings, Biden, Hatch, and Roberts himself brought up Ginsburg's hearings several times as they argued over how many questions she answered and how many Roberts was expected to answer. The "precedent" was again cited several times during the confirmation hearings for Justice
Samuel Alito.
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