This episode The Life and Legacy of RBG focuses on Ruth Bader Ginsburg's story on and off the court. From a humble start to the most powerful court of the land, where do we see Ginsburg's legacy today?
This episode The Life and Legacy of RBG focuses on Ruth Bader Ginsburg's story on and off the court. In this episode we explore:
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Hi I’m Riley and this is the next gen voter-the only podcast of the next gen, by the next gen, by the next gen. In this year 2020, which has been full of tragedy and despair, we have lost yet another powerful voice. Just as we lost the legendary civil rights icon John Lewis in February and Black Panther himself Chadwick Boseman last week, on Friday, America lost Supreme Court justice Ruth Bader Ginsburg to pancreatic cancer. This is a devastating blow as RBG, as she was known, was a hero among men and women across this country for both her work on the court, as well as her inspirational life fighting four bouts of cancer. So this week, instead of going in depth on an issue, I will focus on a person, and give you guys a quick story of RBG and what she did for our country, as well as a preview of the coming fight over her supreme court seat.
Ruth Bader Ginsburg was born in Brooklyn, New York in 1933, where she excelled academically, gaining acceptance to Cornell University, where she would graduate top of her class. She then married her husband, Martin Ginsburg, who was at the time a law student at Harvard Law School, where she would enroll as a student in 1955. Upon arrival to Harvard she faced blatant discrimination on the basis of her sex, as the dean famously asked the eight female students in the class of 560, how they could justify taking spots at the prestigious university away from men. Later on in her time at Harvard, she was turned away from a library as it was for men only. As you can see, this was not an easy environment for Ginsburg to study in, and yet it only god harder, as her husband Martin was diagnosed with cancer, forcing Ginsburg into a situation where she had to attend classes for both her and her husband, so that he would not fall behind in his studies. Even with all these obstacles she managed to maintain her spot at the top of the class, as well as become the first woman ever to be an editor of the Harvard Law Journal, before graduating from Columbia as she moved to be with her husband at his new job.
Despite her prestigious academic record, Ginsburg struggled against a male-domianted legal field that shut doors that would have been opened for any man with a resume anywhere near as good as hers. Eventually, a professor stepped in to help her get a clerkship with US district court judge Edmund Palmieri, before she moved on to the Columbia Project for International Civil Procedure, where she gained valuable experience while exploring her passion for civil procedure. After leaving the project, Ginsburg was offered a professorship at Rutgers University in New Jersey, where she taught for ten years. While there, Ginsburg took great care to hide her pregnancy from other faculty due to the workplace discrimination faced by women at the time. This experience of hiding what should be a celebratory moment would influence her later rulings which helped future generations of women from the same fate. After her time at Rutgers, she returned to Columbia Law school, where she became the first women to ever earn tenure. In addition to her excellence as a teacher, she also led the women’s rights project of the ACLU, arguing many important cases. In two important cases, Califano v. Goldfarb, and Weinberger v. Wiesenfeld, she struck down portions of the social security act that denied benefits to men on the assumption that women were not responsible for providing for the family. Her work in these cases was instrumental in shattering gender stereotypes, paving the road for future generations of women. This was such profound change that Ginsburg’s role in these cases was turned into the movie On the Basis of Sex. Her work as an advocate led to her being appointed DC circuit appeals court by Jimmy Carter in 1980, where she served diligently until 1993, when Bill Clinton appointed her to be just the second ever female supreme court justice after Sandra Day O’connor.
As important as the work Ginsburg did prior to joining the high court was, her effect on the court’s decisions was even more profound. In 1996, for example, she struck down the male-only policy of the Virginia Military Institute in a majority opinion, ruling “ presumptively invalid ... a law or official policy that denies to women, simply because they are women, equal opportunity to aspire, achieve, participate in, and contribute to society, based upon what they can do." Additionally, Ginsburg cast pivotal votes in landmark cases such as Obergefell v Hoges, and Bostock v. Clayton County which upheld the dignity and human rights of the LGBTQ community, as well as defended the right to choose in major abortion cases designed to attack Roe v. Wade. However, the vote she made that is probably most important would be the vote in Sebelius to uphold the Affordable Care Act, which could be under attack from her replacement. As strong as her majority votes were, Ginsburg’s forceful dissents were what made her such a popular figure. In cases such as Citizens United and Bush v. Gore, Ginsburg tore into the majority for subverting the popular democratic process to protect special interests. And in Shelby County v. Holder, she correctly predicted the torrent of voting restrictions that would come as a result of the majority opinion in her dissent when she wrote “"Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet." This opinion was what earned her the nickname the Notorious RBG, which she playfully adopted in recent years. As a result of her work, she became a pop culture icon, with little girls often dressing as her for halloween, and people across the world doing her specific workouts, which she continued doing even as she fought against four bouts of pancreatic cancer. In effect, Ginsburg became more than a justice, she became a hero to people across the country. Liberals saw her as their last hope against President Trump and a republican congress. Many have asked why she didn’t retire under Obama, so that her seat would remain with the same ideology. The answer is simple. She was above it. She ruled on the law in order to help people, protect democracy and follow the constitution. For instance, her best friend on the court was Antonin Scalia, the diehard conservative. Yet, despite their opposing views, they remained not just colleagues but great friends, even vacationing together. This unwillingness to lower herself to political fray has made what has happened after her death even more painful.
Within hours, Senate Majority Leader Mitch Mcconnell had issued a statement saying that they would hold hearings on President Trump's nominee, something that they completely denied Barack Obama in 2016, despite the fact that his nominee was announced in February, while Trump’s nominee, Amy Coney Barret was announced 5 weeks before the election. Personally, I don’t have an opinion on letting last year presidents fill vacancies, all I care about is that the rules are applied consistently, unlike they were here. Because of this inconsistency, Mcconell has turned this from a celebration of the life of a great patriot to a partisan supreme court fight. It seems he thinks that such a fight might help energize his base, but in the process he is tearing America apart. Barret herself is a far right candidate who was originally considered for Anthony Kennedy’s seat before it went to Brett Kavanaugh. Like Ginsburg, she is an ambitious, smart young woman. However, on any issue Barret is fundamentally opposite of her, as she is opposed to abortion, immigrant rights and increased voter protections. In fact, “It is a particularly painful irony that much of Ginsburg’s legacy is at great risk of being undone by another woman,” said Lucinda Finley, a professor at the University at Buffalo School of Law. Instead of continuing to open the doors that Ginsburg had left by shattering through the glass ceiling, Barrett looks to be nominated to close them back, reversing the progress of one of America’s most revered leaders. With the future of the court hanging in the balance, and possibly American democracy itself, it is time for our generation to make our voice heard. As RBG said “Fight for the things that you care about. But do it in a way that will lead others to join you.” If we lead, we can help shape the future of America with our votes this november, and help save the very values RBG fought for her whole life.