Olson, Theodore, 240
Oncale v. Sundowner, 221, 222
O’Neill, John E., 96–97
Palme, Olof, 22, 26
Palmieri, Edmund, 21
“partial birth” abortions, 250–51, 268–70
Paul, Alice, xvii
Paul, Weiss, Rifkind, Wharton & Garrison, New York, New York, 20
Pennsylvania’s sex-segregated schools, 237
Peratis, Kathleen, 65
peremptory challenges of state vs. defendant, 228–29
Perkins, Charles, 140
Peters, Ellen Ash, 231–32
Pickrell, Bob, 23
Planned Parenthood, 79
Planned Parenthood v. Casey, 190–96, 295
Plessy v. Ferguson, 118, 144
politics
and abortion issue, 191, 204–5
in Arizona, 19–20, 119–20
of equal rights, 88–89
and judiciary, xvi, 53, 183
and makeup of the Supreme Court, 181–82
O’Connor’s, 255, 257–58
women and Republican Party, 130
Posner, Richard, 215
Post, David, 211–12
Post, Suzy, 38
Powell, Lewis
Califano v. Goldfarb, 104, 107
Clark as clerk, 88–90, 91, 98–99, 105, 144
ERA argument in Frontiero v. Richardson decision, 76–77
Hishon v. King & Spalding, 160
Hogan v. Mississippi, 143–46
Nixon’s appointment of, 75
and O’Connor, 135, 136–37
as swing vote for Ginsburg, 90–91
Weinberger v. Wiesenfeld, 98, 100–101
and whites-only country club membership, 138
Powell, “Mims,” 135
preclearance process, Voting Rights Act, 288
pregnancy discrimination, 14, 59, 60, 78, 81, 82, 261–62
Price Waterhouse, 178–79
Price Waterhouse v. Hopkins, 178–80, 182–83, 285
protective institutions, harm from, 143, 287
protective legislation for women, 28, 37–38, 47, 52–53, 86
P.S. 238, Brooklyn, New York, 6
psychological injury standard, 165–66, 216–17, 218
Pulliam, Eugene C., 19
Pyles, Carol, 60
racial social movement
overview, xvi, 30–31, 169
and affirmative action, 169, 286–87
and Civil Rights Act, xvii
and country clubs, 137–38
discrimination allowed by Supreme Court, 70
exclusion of women, 37–38
and Fourteenth Amendment, 35
Ginsburg on racial minority, 204–5
and jury of peers concept, 90
and jury service, 224
Rehnquist vs., 117–18
and schools, 144–45
sex segregation as weapon against, 140
Sotomayor’s insights, 301
whites-only club memberships, 137–38
See also affirmative action; Civil Rights Act
Ragsdale, Lincoln, 137
Rasmussen, Irene, 48, 50
Rasmussen, Rachel, 50
Rathbun, Harry, 7–9, 258
rational basis of review. See strict-scrutiny vs. rational basis standard of review
“RBGuicy” video, 290–91
Reagan, Ronald, xiv, 123, 130, 131–32
Redding, Safford School District v., 276
Redding, Savanna, 276
Reed v. Reed, 34–35, 36, 39–44, 70, 71, 141–42
Rehnquist, William, 197
overview, 117–18, 121
Bush v. Gore, 256
clerkship and job, easily found, 18, 19
and Craig v. Boren, 107
on employees’ right to sue employers for damages, 265
and Ginsburg, 223
Meritor Savings Bank, FSB v. Vinson, 166–67
Nixon’s appointment of, 75
and O’Connor, 118–21
Planned Parenthood v. Casey, 191, 192
thyroid cancer diagnosis, 267
Webster v. Reproductive Health Services, 188–89
Weinberger v. Wiesenfeld, 96–97, 101
religion and abortion rights, 150–52
Religious Freedom Restoration Act (1993), 293
Reno, Janet, 206
reproduction, burden of, 82, 295
Reproductive Health Services, Webster v., 186–90
reproductive rights, 81, 185, 187–90, 193–94. See also abortion issue; anti-abortion movement
Republican Party
anti-abortion shift, 130, 151
and ERA, 49, 122–23, 130
New Right, 186
in Texas, 126
Richardson, Frontiero v., 69–77, 97, 142–43
Rigelman, Diana, 39–40
right-to-life movement. See anti-abortion movement
Roberts, John, 267–68, 287–88
Roberts, Sylvia, 63–64
Robinson, Spottswood, 163
Rockefeller Foundation award, 108–9
Roe v. Wade, 60–61, 62
Court of Appeals for Third Circuit refusing to follow Roe v. Wade, 190–91
and Ginsburg, 61
Ginsburg on, 204–5
and O’Connor, 60, 153–54, 184, 189
religious organizations vs., 150–52
and Stewart, 151–52
Supreme Court decision, 62, 78, 80
and Webster v. Reproductive Health Services, 188–90
Rogers, Judith, 231
Rosenblatt, Paul, 124–25
Rosen, Jeffrey, 256
Rossi, Alice, 46
Rutgers Law School, Camden, New Jersey, 22–23, 25–30
integration of, 57
Ruth Bader Ginsburg archive, Library of Congress, 27
Sachs, Albert, 20–21
Safford School District v. Redding, 276
Salzburg, Austria, 19
same-sex marriage, 64–65
Santa Clara Transportation Authority, Johnson v., 170–72, 208–9
Scalia, Antonin
and abortion issue, 188
on affirmative action, 119
and Bush, George W., 257
Bush v. Gore, 256
constitutional interpretation, 209–10
on Fourteenth Amendment, 283
and Ginsburg, xxii
J.E.B. v. Alabama, 229
and Kennedy, 193
United States v. Virginia, 243
Schafran, Lynn Hecht, 113, 134
Schizer, David, 211, 212
Schlafly, Phyllis, 49, 83, 186
Schlanger, Margo, 211, 212
Schlesinger v. Ballard, 89–90, 227
schools
Brown v. Board of Education, 40, 117–18, 140, 144–45, 273
illegal search of a young girl, 276
integration of, 55–56, 138, 139–40, 141, 237
sexual harassment of students, 246–48, 276
See also specific schools
Schrag, Philip, 84
Schroeder, Mary, 129, 132
Schwab, Stewart, 158
Second Shift, The (Hochschild), 28
Secretary of Defense, Struck v., 61–62, 188
self-realization concept, 7, 8–9
Setear, John, 174–75
severe psychological injury standard, 165–66, 216–17, 218
sex discrimination
overview, 84, 163, 233–34
Brennan raising the standard sex discrimination laws, 107
burden of reproduction, 82, 295
and Civil Rights Act, 246–47
Clark’s memo to Powell on upcoming Supreme Court cases, 88–90, 98–99
Craig v. Boren, 105–8, 142
drinking age in Oklahoma, 105–8
Frontiero v. Richardson, 69–77, 97, 142–43
in girls intramural sports, 265–66
Hishon v. King & Spalding, 157, 158–60, 161
J.E.B. v. Alabama, 224–28<
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and judicial interpretation of the Fourteenth Amendment, 209
Kahn v. Shevin, 85–87, 96–98, 99
at law firms/partnerships, 157, 158–60, 161
Lilly Ledbetter v. Goodyear Tire and Rubber, 274–76
men filing complaints, 143–44
for pregnancy, 14, 59, 60, 78, 81, 82, 261–62
presumption that women were dependent on spouses and men were not, 71
sex segregation as weapon against racial integration, 140
stay-at-home dads as indolent, 98–99
Supreme Court justices’ refusal to hire women as clerks, 21, 37
Utah law on child support for boys vs. girls, 105
woman’s responsibility for proving, 182–83
against women who contributed to Social Security and died, 98–99, 100–101
See also Ginsburg’s strategy for equality feminism; Hogan v. Mississippi; Reed v. Reed; United States v. Virginia; Weinberger v. Wiesenfeld
sex discrimination in jury service
Duren v. Missouri, 111, 227
Edwards v. Healy, 90
effect of, 170–71
Ginsburg’s strategy for equality, 90
Hoyt v. Florida, 36, 90, 91–93
J.E.B. v. Alabama, 224–29
sex-integration of schools, 55–56, 237. See also Hogan v. Mississippi; United States v. Virginia
sexual equality
overview, xiii–xiv
equating to racial equality, 40–44, 88–89, 95, 104, 264
for men, 22, 26
at Virginia Military Institute, xi–xii
See also feminist movement; sex discrimination
sexual harassment
overview, 162–68, 172–73
adoption of Ginsburg’s standard, 221
clarifying abusive work environment, 218
and EEOC, 164, 216, 217
lower court opinions, 215, 216, 218
Meritor Savings Bank, FSB v. Vinson, 164–68, 216
severe psychological injury standard, 165–66, 216–17, 218
sex-based descriptions of how to get promoted, 178–80
of students, 246–48
Vance v. Ball State, 284
Shapiro, Alexandra, 212
Shelby County v. Holder, 287–88, 289
Shevin, Kahn v., 85–87, 96–98, 99
Shulman, Alix Kate, 27–28
slaves, women compared to in literature, 40
Smeal, Eleanor, 133–34
Smit, Hans, 21
Smith, Chesterfield, 110
Smith, William French, 131
social change
in 1960s, 24, 25–30
in 1970s, 65–66
in 1980s, 148–49, 161–64
in 1990s, 234–35
and abortion battles, 185–90
See also racial social movement
social revolution through law, xvi, xviii
Social Security widows preferences, 103–4. See also Weinberger v. Wiesenfeld
sodomy laws, 260
Sotomayor, Sonia, 277, 300–301
Souter, David, 190, 192–94, 197
Spaeth, Carl, 12
Spann, William, 111
Stanford Law School, Stanford, California, 12–14
Stanford University, Stanford, California, 5, 7–9
Stanton v. Stanton, 105
Starr, Kenneth, 132
Steinem, Gloria, 214
Stenberg v. Carhart, 250–53, 296
stereotypes and stereotyping
overview, 252–53
effect of women as caregivers, 283
Kennedy on women as natural parents, 263–64
O’Connor on, 264
of parents’ relationships to children, 249
sex-role stereotyping vs. sexual equality, 26, 28–29, 83, 86, 100, 142, 234
Stern, Paula, 45
Stevens, John Paul, 197
Califano v. Goldfarb, 104
Ferguson v. Charleston, 262
Hishon v. King & Spalding, 159
Miller v. Albright, 246–47
nomination to Supreme Court, 127
on O’Connor, xv
Webster v. Reproductive Health Services, 186–90
and women on the Supreme Court, 151
Stewart, Potter, 42, 137, 151
Stoessel, Mary Ann, 255
Stone, Geoffrey, 44, 75
Strausbaugh, Toni, 59–60
strict-scrutiny vs. rational basis standard of review
overview, 36, 41–42, 70
Ginsburg’s argument in Frontiero v. Richardson, 75–77
and tax break for widows, 86–87
and United States v. Virginia school sex-segregation case, 239
See also Ginsburg’s strategy for building women’s equality
Stromseth, Jane, 187
Struck, Susan, 61
Struck v. Secretary of Defense, 61–62, 188
“Subjection of Women, The” (Mill), 243
substantive comparability, 239
Sullivan and Cromwell, New York, New York, 156–57
Sundowner, Oncale v., 221, 222
Supreme Court. See U.S. Supreme Court
Suzman, Helen, 233
Svirdoff, Michael, 63
Sweden’s feminist movement, 21–22, 26
Taylor, Billy, 92
Taylor, Sidney, 164–65, 168
Taylor v. Louisiana, 90, 92–93
Tennessee, 216
Term of the Woman, Supreme Court, 87–90, 102–3
Thomas, Clarence, 190, 197, 256
Thompson, John, 280–82
Time magazine, 108
Title IX, 247, 265
Title VII. See Civil Rights Act (1964)
Tocqueville, Alexis de, xvi
Toobin, Jeffrey, 257, 266
Totenberg, Nina, 41, 66, 113
Tribe, Laurence, 108
Troll, F. Robert, Jr., 165–66
T-shirts for Ruth and Sandra, xxii, 208
undue-burden standard for state laws on abortion, 153–54, 194–96, 251–52
United States legal system, 36–37, 42, 93
United States v. Virginia
and Hogan precedent, 232, 237
and landscape of sex discrimination, 233–34
lower court rulings, 238–39
rationalization for sex discrimination, 234–35, 238
results of, 243–44
Supreme Court ruling and opinion, xi–xiii, 239–43
trial, 235
VMI male-oriented rituals, 235–36
VMI preemptive action, 237
VMI resistance to race desegregation, 236–37
University of Chicago Law School, Chicago, Illinois, 25
University of Texas, Fisher v., 285–87
University of Texas Southwestern Hospital v. Nassar, 284–85
U.S. military
attempt to force an abortion, 61–62, 188
and dependence of male vs. female spouse, 69–77
fear about integration of, 52, 55
male soldier suing for unfair promotion opportunity for women, 89–90, 227
U.S. Supreme Court, 197
overview, 246
and affirmative action, 170–72, 286–87
days for decision and decision day, xi, xii–xiii
decision day, xii–xiii
and dissents read out loud, 274, 291–92
dissents read out loud in, 291–92
and equality of women, 282–83, 295–97
justices voting at conference, 230
lawyers presenting before, 72, 111
O’Connor’s anticipated effect, 134–35
political election betting pool, 181–82
on pregnancy discrimination, 82
raising the standard for sex discrimination cases, 107
reviewing requests for case review, 95–97, 138–39, 158, 191–92
and sexual harassment, 163–68, 172–73
“split in the Circuit” cases, 158
&nb
sp; swing votes, 9, 90–91, 279
Term of the Woman, 87–93
and “The Year of Our Lord” on lawyers’ certificates of admission, 213
See also strict-scrutiny vs. rational basis standard of review; specific cases
U.S. Supreme Court clerks
Berzon, Marsha, 87–88, 99
Blackmun’s, 228
Bush v. Gore effect on, 259
Clark, Penny, 88–90, 91, 98–99, 102–3, 105, 144
Ginsburg’s, 210, 211–12, 213, 273
O’Connor’s, 174–75, 187, 222–23
pool procedure for reviewing case review requests, 95–97, 138–39, 158
resistance to women as, 21, 37
status attributed to, 12
Stone, Geoffrey, 44, 75
Term of the Woman, 87–93, 98–99
See also specific clerks
Utah law on child support for boys vs. girls, 105
Vance v. Ball State, 284
Vietnam, children resulting from Americans in, 248–49, 262–64
Vinson, Mechelle, 164–65, 168
Vinson, Meritor Savings Bank, FSB v., 164–68, 216
Virginia, 43–44, 136, 144–45
Virginia Military Institute, xi–xii, 234–36. See also United States v. Virginia
volunteerism of O’Connor, xx
Wald, Pat, 160–61
Warren, Earl, 41
Washington Post, 113
Weber, Brian, 170
Webster v. Reproductive Health Services, 186–90
Wechsler, Herbert, 15–16, 52
Weddington, Sarah, 80, 112–13
Weinberger v. Wiesenfeld
celebration party, 103
as discrimination against women who contributed to Social Security and then died, 98–99, 100–101
facts of the case, 94–95
fallout from, 103–4
Ginsburg’s expectations, 99
O’Connor’s use of in Hogan v. Mississippi, 143
ruling, 101–3, 227
and Supreme Court pool procedure, 96–97
trial, 99–100
Weitzman, Lenore, 28
welfare law discrimination, 111–12
Westcott, Califano v., 111–12
wet T-shirt (bathing suit) contest at King & Spalding, 157–58, 162
White, Byron, 42, 76, 197, 205
White House special assistant for women, 126–27
widows vs. widowers, deferential treatment for, 85–87, 97, 103–4. See also Weinberger v. Wiesenfeld
Wiesenfeld, Jason, 100, 103, 213, 244–45
Wiesenfeld, Paula, 99
Wiesenfeld, Stephen, 94–95, 100, 103, 274. See also Weinberger v. Wiesenfeld
Wiley, John, 141
Wilkey, Ada Mae, 3
Williamsburg, Virginia, 136
“Will London Bridge? or Women’s Lib?” (American Bar Association mock arbitration), 51
women’s equality
overview, 238
and abortion rights, 185, 187–88
Ginsburg on, 269–70
“injury to women” and “legitimate state interest” standards, 89
Mill’s essay on, 243
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