The Legacy of Ruth Ginsburg - Research Paper Example

RUTH BADER GINSBURG: 20TH CENTURY ADVOCATE OF WOMENS RIGHTS [RESEARCH PAPER] [DEPARTMENT – [PLACE] TABLE OF CONTENTS Introduction...................................................................3 Ginsburgs Early Years..................................................3 Foundational Legal Work..............................................4 Views on Equality..........................................................5 Abortion..........................................................................6 The Ginsburg Precedent.................................................7 Conclusion......................................................................7 Bibliography...................................................................9 Ruth Bader Ginsburg: 20th Century Advocate of Womens Rights Introduction Few women of the 20th century have done more to advance the cause of womens rights than Ruth Bader-Ginsburg, an Associate Justice on the US Supreme Court since 1993. Her appointment to the US Supreme Court was the pinnacle of a career that had persistently fought for womens equality through her work as a lawyer, writer, federal judge, and associate justice. Labeled as a liberal, she began her career teaching at some of Americas most prestigious law schools, while volunteering her services with organizations such as the American Civil Liberties Union (ACLU), and arguing for issues that impacted women across the country. It is not possible to fully cover Ginsburgs contributions to womens rights in a paper of this limited scope. However, it will highlight her most importatnt work, and show how the progression of her legal reasoning has become the cornerstone of todays womens movement. Ruth Bader Ginsburg is one of womens rights foremost advocates, and she has earned a place in history as a woman that has led by example as well as action. Ginsburgs Early Years Ginsburg immersed herself in womens issues at an early point in her professional life, and they became a hallmark of her career. Ginsburg was a groundbreaker, and at Harvard Law School she was one of only eight women out of a class of 500. She transferred to Columbia, where she graduated at the top of her class, though gender discrimination overshadowed her academic achievements.1 Ginsburg joined the faculty at Rutgers, and became "only the second female on the schools faculty and among the first 20 women law professors in the country".2 She became the first law professor at Harvard, directed the Womens Rights Project at the ACLU, and by 1973 Ginsburg was arguing a Supreme Court case regarding equal benefits for men and women in the armed forces.3 Ginsburg gained the attention of President Jimmy Carter by winning 5 out of 6 Supreme Court cases, and consistently arguing that the equal protection clause of the 14th amendment applied to gender as well as race.4 Carter appointed Ginsburg to the United States Court of appeals for the District of Columbia, and in 1993 she was "confirmed by the Senate in a vote of 96 to 3, becoming the 107th Supreme Court Justice, its second female jurist", and an outspoken advocate for womens rights on the bench.5 Since that date she has been instrumental in furthering the cause of gender equality in America. Foundational Legal Work Her early work with the ACLU on the Womens Rights Project prepared her legal skills for writing the Supreme Court decision on United States v. Virginia. The early 1970s ACLU test cases of Frontiero v. Richardson and Weinberger v. Weisenfeld were argued by Ginsburg and built a body of precedent "that swept away gender stereotyping once and for all".6 Ginsburg had a strategy of promoting equality, without regards to the gender of the injured victim. In Frontiero v. Richardson, Ginsburg argued that a man could be a legal dependent of a female Air Force officer, which made the woman eligible for dependent benefits. Weinberger v. Weisenfeld argued that a male was as equally entitled as a female to Social Security benefits after the death of their spouse. Both cases were argued under the provisions of the equal protection clause and the 14th amendment. These two cases laid the groundwork for United States v. Virginia (1996), which was a landmark decision that found the Virginia Military Institute (VMI) was in violation of the equal protection clause with its long-standing male only admissions policy. Lower courts had consistently upheld VMIs position by arguing that "single-gender schools facilitate their students focusing on education by screening out distractions".7 However, Ginsburg was able to overturn decades of fear and resistance by contending that, "womens successful entry into the federal military academies, and their participation in the nations military forces, indicate that Virginias fears for the future of VMI may not be solidly grounded".8 Her majority opinion was formed on the basis of the formal equality theory advocated by Ginsburg, which has "furthered womens opportunities, and it is still advanced as the most appropriate feminist theory by some leading scholars".9 Ginsburg was able to draw a linkage between military leadership and political leadership, and explain that the denial of entry in the military handicapped women in the political arena. Views on Equality Ginsburg has spent a lifetime arguing that the law is for the purpose of equality, but that protection often works to exclude and discriminate. In a 1977 article, Ginsberg wrote that, "restrictive labor laws operate less to protect women than to protect mens jobs from womens competition".10 Ginsburgs views on workplace restrictions have often been criticized by more radical feminists who see Ginsburg as assimilating women into male roles, rather than creating a different, though equal, role for women in the workplace.11 This debate has also been extended to race and ethnicity, where it has been argued that equality is not the same as sameness. However, Ginsburgs arguments for assimilation and equality have been both convincing and successful, and have given men and women expanded rights under the equal protection clause of the 14th amendment. Abortion Abortion has been a vital issue for Ginsburg, as well as a critical issue for women. She has consistently argued in favor of Roe v. Wade (1973), but not without some significant criticism. Ginsburg has argued that "the right to abortion might have been more secure had it been grounded in the concept of womens right to equality rather than in the right to privacy".12 Once again, radical feminists viewed this as a threat to the ERA based on the equality provision that equated it to assimilation. Basically, Ginsburg contended that "women cannot participate in society equally with men without the ability to control their reproductive lives".13 However, this argument was squelched in favor of the right to privacy aspect. Ginsburgs intense interest in abortion has continued as evidenced by her caustic remarks when the Court upheld the Partial Birth Abortion Ban Act of 2003, a move that outraged abortion supporters. In her remarks, "Ginsburg accused the Court of ignoring its own precedents in Roe and Planned Parenthood V. Casey by upholding a law that banned an abortion procedure without providing an exemption to ensure the health of the woman".14 These remarks from 2007 indicate that Ginsburg is still fighting for womens rights, and is still an outspoken advocate for equality after more than four decades of legal practice. The Ginsburg Precedent A major Supreme Court victory for Ruth Bader Ginsburg was won before she was even confirmed to the post, and has since come to be known as the Ginsburg Precedent. During her Supreme Court confirmation hearings, Ginsburg refused to answer direct questions in regards to her views on a variety of issues, including abortion, gay rights, and the separation of church and state. Her remarks set a precedent on the limits of disclosure for Supreme Court nominees. She stated, "I do think it’s appropriate to point out that, Judge, you -- I -- you not only have a right to choose what you will answer and not answer, but in my view you should not answer a question of what your view will be on an issue that clearly is going to come before the Court in 50 different forms, probably, over the next -- over your tenure on the Court".15 Both parties have used this precedent as a show of respect for the nominees, and a protection against the unwarranted intrusion into viewpoints that are then used as little more than a litmus test by one-issue special interest groups and officials. Conclusion In conclusion, Ruth Bader Ginsburg has stood steadfastly for the protection of womens rights, even in the face of criticism and discrimination. As a pioneer female lawyer at some of Americas premier law schools, Ginsburg was familiar with gender bias. However, she was able to overcome the discrimination to become one of the countrys leading advocates of womens rights. Often criticized by more radical feminist elements, Ginsburg has been instrumental in furthering the cause of women by following her formal theory of equality. She has obtained equal benefits from the military and Social Security for both men and women alike. Her opinion that a candidate should not be forced to disclose their view on a case that they may one day be presented with has been established as a precedent that bears her name. Ginsburg continues to advocate for the cause of equality, and has earned a rightful role in history as one of Americas foremost advocates of womens rights. Bibliography “Abortion Conundrums,” Commonwealth 134, no. 10 (2007): 5-5. Cain, Patricia. "Feminism and the Limits of Equality.", Feminist Legal Theory: Foundations, ed. Kelly Weisberg. Philadelphia, PA: Temple University Press, 1993, 238. Dukart, Jennifer. “Geduldig Reborn: Hibbs as a Success of Justice Ruth Bader Ginsburgs Sex-Discrimination Strategy.” California Law Review 93, no. 2 (2005): 541-86. Encyclopedia of World Biography. Farmington Hills, MI: Gale Research, 1998. Biography Resource Center. Ginsburg, Ruth. “Lets Have ERA as a Signal.” American Bar Association Journal 63, no. 1 (1977): 70-73. Greenhouse, Linda. “Judge Ginsburg Still Voices Strong Doubts on Rationale Behind Roe v. Wade Ruling,” New York Times, November 29, 2005. “High Court Rips Constitution in Sweeping Ruling on VMI.” Human Events 250, no. 25 (1996): Academic Search Premier. Neubourne, Burt. “Introduction of Justice Ruth Bader Ginsburg.” California Law Review 95, no. 6 (2007): 2213-15. Pitts, Joe. “The Ginsburg Precedent.” Commentary From Congressman Joe Pitts. http://www.house.gov/pitts/press/commentary/050902c-ginsburg.htm (accessed June 24, 2009). Ruth Bader Ginsburg. Farmington Hills, MI: Gale Group, 2000. Read More