My Own Words Ruth Bader Ginsberg
Cure worse than disease?
The book gives real insight into the fascinating life and work of United States Supreme Court Justice Ruth Bader Ginsberg. In her early years at Cornell, the book describes her measured response to an article where law students had deemed a 1928 Supreme Court case holding that wiretapping of private telephone calls by federal agents without a without a search warrant is not a search and seizure in violation of the fourth amendment. They argued, in these instances, that wiretapping was not only constitutional it was in the best interest of national security.
Ruth’s response to the article opened with “few would agree that what is constitutional is necessarily worthy or wise.” She goes on to warn how “we may regard something as an emergency measure today but we should remember that the criminal law not only reflects the moral outlook of the community but may very well alter or create moral attitudes.” Followed by my favorite part of her response “when attempts to prevent certain forms of behavior may place individual rights and liberties in peril, the criminal sanction should be saved as a last resort. Even if a situation today demands increased vigilance on the part of the government, restraints on individual rights in the field of individual privacy, morality and conscience can be a cure worse than the disease.”
When speaking about her personal life and marriage.
Theres a chapter in the book titled “Marty Ginsbergs favorite subject”. Marty describes his relationship with Ruth and his knowing he would marry her as “it wasn’t an aha moment but more of a steady crescendo”, but it was clear to him that he was “going to have a much better and much happier life with Ruth than without her.”
He describes his marrying Ruth as “it was the best decision I ever made”.
Ruth dedicates the book to Marty with the inscription “To Marty, dear partner in life and constant uplifter”. Thats the kind of partnership, love and mutual support that dreams are made of.
3. Relationships
Some of my favorite parts of the book are when Justice Ginsberg describes the relationships built throughout her time as a Justice. She describes her special relationship with Justice Scalia. Ruth Bader Ginsberg describes that when President Clinton was mulling over his supreme court nominations, Justice Scalia was asked by the President, if he were stranded on a dessert island with his new court colleague, who would he prefer, Larry Tribe or Mario Cuomo? Justice Scalia answered quickly and distinctly "Ruth Bader Ginsberg.” Within days the President chose her.
The two differed greatly in temperament, judicial outlook and political beliefs. Despite this, the two developed a close friendship that respected each others character and ability.
Ruth recalls Justice Scalia tossing pages on to her desk with the advice of “Ruth, this is my penultimate draft of my dissent in the VMI case” (the United States verse Virginia of long standing male-only admission policy of the Virginia Military Institute - which is the nations oldest state supported military college). He continued “It’s not yet in shape to circulate to the court, but the end of the Term is approaching, and I want to give you as much time as I can to answer it”.
Ruth reflects that justice Scalia’s searing criticism in his dissent made her final draft far more persuasive. She describes Justice Scalia’s ability to “hone in on her soft spots” as giving her just the right stimulation needed to strengthen the courts decision in which the court ruled the male-only admissions policy as unconstitutional.
4. How far things have come
The administrations of Kennedy, Johnson, Nixon and Ford combined appointed just 6 women to article 3 courts.
President Carter appointed a barrier breaking number of women, 40 to life time federal judgeships.
President Reagan made history appointing the first women to the Supreme Court (Sandra Day O Connor), and he appointed 28 women to other federal courts.
The first president Bush appointed 36 women.
President Clinton appointed a grand total of 104 women.
Considering women only make up 1/4th of the Federal Judiciary there is a way to go, but what a way to have come.
5. The lighter side of life at the Supreme Court
Ruth speaks about the collegiality amongst the 9 justices and how before the start of each day in Court, and before each conference discussion, as they enter the Robing Room or the Conference Room, each Justice shakes hands with every other. The mark of respect for one another runs deep and is foundational to the process.
6. The representation of Women in the Law and Courts
Justice Ginsberg describes how every other year the Women in the Senate and the Women at the Court meet for dinner. In 1994 there was two Women of the Court and 6 Senators.
Eighteen years later in 2012 there were 3 Women Justices and 17 senators. “Not enough but certainly heading in the right direction.”
In the early 1960’s women accounted for approximately 3% of the US nations lawyers.
At the time of the book being in 2016, these ranks had increased to about 30%.
7. A question Justice Ginsberg is often asked, what difference does the appointing of women to the numbers on the bench add to the us judicial system?
It is true, at the end of the day a wise old man and a wise old women will reach the same decision, but she notes it as best described by Circuit Judge Alvin Rubin as “ A distinctive medley of views, influenced by differences in biology, cultural impact and life experience. Any system of justice is surely richer for the diversity of background and experiences of judges. It was poorer when nearly all its participants were cut from the same mould.”
8. Honoring Sandra Day O Connor.
First woman ever appointed to the united states supreme court bench. Ruth Bader Ginsberg describes seeking Justice O Connors advice on her first complex and intricate decision piece. It was simple, “just do it”, and circulate your draft opinion before the Chief gives the next set of assignments, otherwise you risk another tedious case!
She describes that as Justice O Connors approach to everything. Waste no time on anger, regret or resentment, just do it, just get the job done.
She recalls during that opinion being read to the court, a note was sent to her from Justice O Connor, it said “this is your first opinion for the court, its a fine one, I look forward to hearing more.” Justice Ginsberg recalls remembering how good that note made her feel, and Justice Ginsberg made sure to follow suit for the other women that joined the supreme court after her when they announced their first opinions.
9. "Behind every great man stands a great woman”
Justice Ginsberg sheds light on the fact that little attention has been paid to the lives of the women that stood behind the Justices of the past. Some justices wives wrote memoirs and manuscripts of their time.
The wife of Justice John Harlan, Malvina, writes in her memoirs that her husband was a collector of objects related to American history, including from the supreme court justice office, the ink stand Justice Taney used when he penned the 1857 dread stop decision which held that no person descended from a slave could ever become a citizen of the United States and that the majestic due process cause safeguarded one persons right to hold another in bondage.
It was a decision with which Justice Harlan strongly disagreed, and an opinion which was overturned by the civil war and the 14th amendment.
Harlan promised to deliver the ink stand to a woman he met at a reception who claimed a family connection to Chief Justice Chaney. Melvina thought the promise unwise, so she hid the ink stamp away among her own special things and Justice Harlan was required to report to the supposed relative that the item had been mislaid.
In the months following this incident the supreme court heard arguments in the so called civil rights cases which yielded an 1883 judgment striking down the civil rights act of 1875 (an act congress had passed to advance equal treatment without regard to race across various public accommodations).
Justice Harlan alone resolved to dissent. He labored over his dissent for months but he thoughts refused to flow easily. He seemed, as Melvina documents in her memoirs “trapped in a quagmire of logic, precedent and law” Melvina grew up in a free state strongly opposed to slavery and she very much wanted her husband to finish writing that dissent. On one Sunday morning when the Justice was attending church services, Melvina retrieved the ink stand from where she had been “safe keeping” it. Gave the object a good cleaning and polishing, and filled it with ink. Then taking all the other ink wells from her husbands study table, she put the ink stand directly before his pad and paper. When her husband came home Melvina advised him that he would find a bit of inspiration on his study table. Melvinas memoir next relates “the memory of the historic part that Taney’s ink stand played in the dread stop decision had on temporarily tightening the shackles of slavery in antebellum days, seemed that morning to act like magic in clarifying my husbands thoughts in regard to the law that had been intended to protect the recently emancipated slaves in the enjoyment of equal civil rights.” He soon finished his dissent.