Review | For a final collection, RBG picked her favorite arguments and opinions


Because every of Ginsburg’s phrases is so significant, this quantity looks like a final reward. In 2019, Ginsburg visited the University of California at Berkeley School of Law, the place she was interviewed by her former regulation clerk Amanda Tyler, who teaches there. She then approved Tyler to publish the interview, together with an edited number of her favorite briefs and oral arguments as an advocate, in addition to her speeches and “bench statements” as a justice — that’s, the spoken remarks she delivered from the Supreme Court bench summarizing her majority opinions and dissents. In every of the alternatives, as Tyler writes in her insightful introduction, “one sees that Justice Ginsburg acutely appreciates how the decisions of the Supreme Court impact the everyday lived experiences of all persons.”

Ginsburg’s consideration to element is apparent within the transient that she wrote with her husband, Marty, in a 1972 case, Moritz v. Commissioner of Internal Revenue, that turned the premise for the film “On the Basis of Sex.” “Charles Moritz, a never married man who cared for his mother, was denied a caregiver tax decision that a woman in his position would have received,” Tyler and Ginsburg write of their introduction to the case. “Representing himself in Tax Court, his brief was direct and straightforward, arguing: ‘If I were a dutiful daughter, I would get this decision. I am a dutiful son. It should make no difference.’ ” In their transient, the Ginsburgs argued that the regulation in query “capriciously prefers sons who are widowed or divorced to sons who are lifelong bachelors,” including that the deduction would have been allowed if Moritz had engaged in a “matrimonial adventure” and had “married and divorced his housekeeper, or any other woman,” earlier than the lawsuit. Their conclusion: “Fair and equal treatment for women means fair and equal treatment for members of both sexes.”

It is equally inspiring to learn the transcript of Ginsburg’s first oral argument earlier than the Supreme Court, within the 1973 Frontiero case. As she approached the tip of her argument, she had spoken for greater than 10 minutes and the justices, remarkably, had not interrupted her with a single query. “I was at sea,” Ginsburg advised Tyler of their interview. “I wondered, are they just indulging me because they don’t think I have anything worthwhile to say, or are they really listening.” In the hope that “something attention grabbing would help” the justices assume in a new means, Ginsburg concluded with a citation from Sarah Grimké, the feminist and abolitionist: “I ask no favor for our sex. All I ask of our brethren is that they take their feet off our necks.” “Thank you, Mrs. Ginsburg,” replied Chief Justice Warren Burger, who in one other oral argument, in Weinberger v. Wiesenfeld, interrupted her with a sequence of off-topic questions that Ginsburg deftly brushed apart.

Ginsburg and Tyler embrace the “bench statements” Ginsburg delivered as a justice to elucidate her reasoning in 4 opinions she designated as her “favorites.” In her assertion summarizing her dissent within the 2007 Ledbetter case, during which a majority of the courtroom dominated that Lilly Ledbetter had waited too lengthy to sue for pay discrimination below Title VII of the Civil Rights Act of 1964, Ginsburg memorably concluded, “Today, the ball again lies in Congress’ court.” In her interview with Tyler, Ginsburg famous: “In short order, with overwhelming majorities, Republicans as well as Democrats, Congress amended Title VII to adopt the paycheck theory. It was the first law President Obama signed when he took office.”

It’s putting to learn Ginsburg’s assertion summarizing her 2013 dissent within the Shelby County case, which impressed a New York University regulation pupil to create the “Notorious RBG” meme. “The great man who led the march from Selma to Montgomery and there called for the passage of the Voting Rights Act foresaw progress, even in Alabama,” Ginsburg stated, quoting Martin Luther King Jr.’s prediction that “the arc of the moral universe . . . bends toward justice.” She then emphasised, as Tyler notes within the afterword, that justice could be served solely “if there is a steadfast commitment to see the task through to completion.”

This assortment ends with a transferring speech Ginsburg delivered at a naturalization ceremony for brand new residents in 2018. The justice recalled that her mom, a bookkeeper, was born 4 months after her mother and father got here by ship to Ellis Island. “What is the difference between a bookkeeper in New York City’s garment district and a Supreme Court justice?” she requested. “One generation.”

Tyler and different former regulation clerks stood vigil as Ginsburg lay in repose under the portico of the Supreme Court, earlier than departing to develop into the primary lady and the primary Jewish particular person to lie in state on the Capitol. As she bore witness to the mourners coming to pay their respects, Tyler writes, “in their grief, we saw just how enormous Justice Ginsburg’s impact on this country has been.”

Ginsburg inscribed herself into American historical past with the shining conviction of her imaginative and prescient of a extra excellent union, expressed in her powerfully and intentionally chosen phrases. Working till the very finish, she was decided to depart us this final anthology, and all of her phrases are vital.

Justice, Justice Thou Shalt Pursue

A Life’s Work Fighting for a More Perfect Union

By Ruth Bader Ginsburg and
Amanda L. Tyler

University of California.
271 pp. $26.95



Source link

Leave a Reply

Your email address will not be published. Required fields are marked *