by Irin Carmon
129“So, where are they?” Scott Conroy, Madame Justice, CBS (Oct. 1, 2006).
130“You would have to ask the political leaders” Id.
Why not ask a justice who had hired no women? Linda Greenhouse, Women Suddenly Scarce Among Justices’ Clerks, NEW YORK TIMES, Aug. 30, 2006.
131“one-at-a-time curiosity” Joan Biskupic, Ginsburg “Lonely” Without O’Connor; The Remaining Female Justice Fears Message Sent by Court Composition, USA TODAY, Jan. 25, 2007.
“The word I would use to describe” Id.
Planned Parenthood v. Casey 505 U.S. 833 (1992).
“The ability of women to participate” Id., 856.
“More and more I think that science” Stephanie B. Goldberg, The Second Woman Justice, ABA JOURNAL, Oct. 1993, at 42.
132“undue burden” Casey, 505 U.S. at 874 (1992). (“Only where state regulation imposes an undue burden on a woman’s ability to make this decision does the power of the State reach into the heart of the liberty protected by the Due Process Clause.”)
Bill Clinton, surrounded by women Bill Clinton on Vetoing the Partial Birth Abortion Ban, PBS NEWSHOUR (Apr. 10, 1996).
the movement went to sympathetic states E.g., Stenberg v. Carhart, 530 U.S. 914 (2000).
“Whatever this particular ban does” Opinion announcement at 24:46, Stenberg v. Carhart, 530 U.S. 914 (2000).
“The State may promote but not endanger” Stenberg, 530 U.S. at 931.
RBG wrote separately Stenberg, 530 U.S. at 951–52 (Ginsburg, J., concurring).
Kennedy, who found Stenberg, 530 U.S. at 957–59 (Kennedy, J., dissenting).
132Bush triumphantly signed a new federal The Partial-Birth Abortion Ban Act of 2003, PUBLIC LAW 108–5, 117 Stat. 1201.
133Only one lower court judge Planned Parenthood v. Casey, 947 F.2d 682, 719 (3d Cir. 1991) aff’d in part, rev’d in part, 505 U.S. 833 (1992).
Gonzales v. Carhart 550 U.S. 124, 159 (2007).
“While we find no reliable data” Id. at 159–60.
“if all women were as sensitive as he is” Dahlia Lithwick, Father Knows Best, SLATE (Apr. 18, 2007).
Kennedy’s opinion insulted” Bazelon, The Place of Women on the Court.
“our obligation is to define” Gonzales v. Carhart, 550 U.S. 124, 182 (2007) (Ginsburg, J., dissenting) (quoting Planned Parenthood v. Casey, 505 U.S. 833, 850 [1992]).
the court was “differently composed” Opinion Announcement at 15:35, Gonzales v. Carhart 550 U.S. 124 (2007).
134Excerpt from RBG’s Dissent Gonzales v. Carhart, 550 U.S. 124, 171–91 (2007) (Ginsburg, J., dissenting).
136Lilly Ledbetter Lilly Ledbetter, Grace and Grit: My Fight for Equal Pay and Fairness at Goodyear and Beyond (2013).
too long to sue Ledbetter v. Goodyear Tire and Rubber Co., 421 F.3d 1169, 1182–83 (11th Cir. 2005).
“We were around the same age” Ledbetter, Grace and Grit.
“within 180 days after” Ledbetter v. Goodyear Tire and Rubber Co., 550 U.S. 618, 619 (2007).
“It’s the story of almost every working woman” Toobin, Heavyweight.
137Ledbetter v. Goodyear Tire Opinion Announcement at 4:00–10:57, Ledbetter v. Goodyear Tire and Rubber Co., 550 U.S. 618 (2014).
140campaign-finance limits Federal Election Commission v. Wisconsin Right to Life, Inc., 551 U.S. 449 (2007).
“The way to stop discrimination” Parents involved in Cmty. Sch. v. Seattle Sch. Dist. No. 1, 551 U.S. 701, 748 (2007).
140“She has always been regarded” Linda Greenhouse, Oral Dissents Give Ginsburg a New Voice, NEW YORK TIMES, May 31, 2007.
“I will continue to give voice to my dissent” The Nation in Brief: No Turning the Clock Back on Abortion, Justice Ginsburg Says, WASHINGTON POST (Oct. 22, 2007).
Obama signed the Lilly Ledbetter Fair Pay Act Sheryl Gay Stolberg, Obama Signs Equal-Pay Legislation, NEW YORK TIMES, Jan. 29, 2009.
141thirteen-year-old Arizona student Savana Redding Safford Unified Sch. Dist. v. Redding, 557 U.S. 364 (2009).
“I’m trying to work out why is this a major thing” Oral Argument at 43:40, Safford Unified Sch. Dist. v. Redding, 557 U.S. 364 (2009).
“It wasn’t just that they were stripped to their underwear” Oral Argument at 44:12, Safford Unified Sch. Dist. v. Redding, 557 U.S. 364 (2009).
“never been a thirteen-year-old girl” Joan Biskupic, Ginsburg: Court Needs Another Woman, USA TODAY (Oct. 5, 2009).
142“It can happen even in the conferences Id.
the school’s strip-searching of Redding Redding, 557 U.S. at 368 (2009).
“As we live, we can learn” MSNBC Interview.
“they provide a basis” Richard L. Hasen, Roberts’ Iffy Support for Voting Rights, LOS ANGELES TIMES (Aug. 3, 2005).
“I think it is attributable” Oral Argument at 51:48, Shelby Cnty. v. Holder, 133 S. Ct. 2612 (2013).
143“I think the current court will go down in history” Richard Wolf, Ginsburg’s Dedication Undimmed After 20 Years on Court, USA TODAY (Aug. 1, 2013).
“But the storm is raging” Lani Guinier, Justice Ginsburg: Demosprudence Through Dissent, in THE LEGACY OF RUTH BADER GINSBURG 214 (Scott Dodson, ed. 2015).
144Shelby County v. Holder Shelby Cnty. v. Holder, 133 S. Ct. 2612, 2633–51 (2013) (Ginsburg, J., dissenting).
148“Such an untested prophecy” Bush v. Gore, 531 U.S. 98, 144 (2000) (Ginsburg, J., dissenting).
149“The stain of generations” Gratz v. Bollinger, 539 U.S. 244, 304 (2003) (Ginsburg, J., dissenting).
Chapter 9: I Just Love Your Flashy Ways
151“we do ten at a time” MSNBC Interview.
Bryant Johnson has been her trainer Interview by Irin Carmon with Bryant Johnson.
153“I told Ruth she should sit in the back” Interview by Shana Knizhnik with Burt Neuborne.
“President Clinton was looking for a young jurist” Claudia MacLachlan, Mr. Ginsburg’s Campaign for Nominee, NATIONAL LAW JOURNAL, June 27, 1993, at 33.
A little practice, the players agreed Maria Simon, Reflections, 20 UNIVERSITY OF HAWAI’I LAW REVIEW 599, 600 (1998).
She surprised everyone by picking Interview by Shana Knizhnik with Burt Neuborne.
“the whole works” MSNBC Interview.
155“How many push-ups can you do?” Interview by Irin Carmon with Jeffrey Toobin.
160“You know, the standard robe” Robert Barnes, Justices Have Differing Views of Order in the Court, WASHINGTON POST, Sept. 4, 2009.
“It looks fitting for dissent” Exclusive: Ruth Bader Ginsburg on Hobby Lobby, Roe v. Wade, Retirement and Notorious R.B.G., YAHOO NEWS VIDEO (Jul. 31, 2014).
161“It was glorious” Id.
“I think you just have to do” Supreme Court Justice Elena Kagan Interview, C-SPAN (Dec. 9, 2010).
“‘we are all in the business of impartial judging’” Brian Lamb and Susan Swain, The Supreme Court: A C-SPAN Book, Featuring the Justices in Their Own Words 116 (2013)
162“I didn’t know anyone who made robes” Adam Liptak, The Newest Justice Takes Her Seat, NEW YORK TIMES, Sept. 8, 2009.
“The judiciary is not a profession” Stars and Storm Volunteers Mingle at Glamour Women of the Year Awards, CBS NEWS (Nov. 13, 2012).
“When she turned up at the Senate” Carrie Donovan, Style: Security Blankets, NEW YORK TIMES, Oct. 31, 1993.
162“It was hard not to be struck” Rosen, The New Look of Liberalism.
A secretary at Marty’s law firm Women’s Law and Public Policy Remarks.
163Marty wasn’t much of a shopper Interview by Irin Carmon with David Schizer.
“Ginsburg chose to wear” Jeffrey Toobin, The Nine: Inside the Secret World of the Supreme Court 143 (2007).
“She kept calling it ‘that thing on your face’” Interview by Shana Knizhnik with Clara Spera.
165“logic with imagination” Cindy Nemser, Ben Cunningham: A Life with Color (1989).
she wouldn’t retire Toobin, Heavyweight.
166RBG
weeps at the opera Barnes, The Question Facing Ruth Bader Ginsburg.
“She could get quite sentimental” Interview by Irin Carmon with Jane Ginsburg.
“If I had any talent that God could give” Justice Ruth Bader Ginsburg Remarks at Georgetown University Law Center, C-SPAN (Feb. 4, 2015).
“In all the time he conducted” Anne Constable, Santa Fe a Favorite Summer Getaway for Justice Ginsburg, SANTA FE NEW MEXICAN, Aug. 23, 2014.
“My, this magnificent woman” Anthony Tommasini, Justices Greet Diva: It’s Ardor in the Court, NEW YORK TIMES, Oct. 31, 2008, at C8.
Opera ran in Marty’s family too Interview by Irin Carmon with Jane Ginsburg.
167“We do consider her, informally, part of the family” Marisa M. Kashino, Stage Presence: Ruth Bader Ginsburg’s Love of the Arts, WASHINGTONIAN (Oct. 10, 2012).
“terrific taste” Interview by Irin Carmon with Michael Kahn.
at least three onstage turns Rosen, The New Look of Liberalism.
introduced as “three guests supreme” Roxanne Roberts, Opera’s Supreme Moment, WASHINGTON POST, Sept. 8, 2003.
167twice-annual opera recitals at the court Ruth Bader Ginsburg, Remarks for Chautauqua Lawyers in Opera, Jul. 29, 2013.
Chapter 10: But I Just Can’t Quit
169“Someone who used whatever talent she had” MSNBC Interview.
“Some of us were angry with her” Justice Ginsburg’s Cancer Surgery, THE SITUATION ROOM (CNN television broadcast, Feb. 5, 2009).
170“I wanted people to see that the Supreme Court” Joan Biskupic, Ginsburg Back with Grit, Grace, USA TODAY, Mar. 6, 2009.
“I’ve got a soft spot for Justice Ginsburg” Toobin, Heavyweight.
“There was a rapport” Greg Stohr and Matthew Winkler, Ruth Bader Ginsburg Thinks Americans Are Ready for Gay Marriage, BLOOMBERG (Feb. 12, 2015).
“It is as though a special, zestful spice” Al Kamen, Next Year, the Award for Humility, WASHINGTON POST, May 9, 2001.
“acclaim for your work ethic” Robert Barnes, Ginsburg Gives No Hint of Giving Up the Bench, WASHINGTON POST, Apr. 12, 2009.
“it is probable that the female Thurgood Marshall” Randall Kennedy, The Case for Early Retirement, NEW REPUBLIC, Apr. 28, 2011.
171“she is a complete unique and wonderful gem” Interview by Shana Knizhnik with Sylvia Law.
“There will be a president after this one” Adam Liptak, Court Is “One of the Most Activist,” Ginsburg Says, Vowing to Stay, NEW YORK TIMES, Aug. 24, 2013.
“Well, I’m very hopeful about 2016” 92Y Plus, Ruth Bader Ginsburg and Dorit Beinisch with Nina Totenberg, YOUTUBE.COM (Oct. 22, 2014).
“and wouldn’t that be fantastic” Richard Wolf, Ginsburg’s Dedication Undimmed After 20 Years on Court, USA TODAY, Aug. 1, 2013.
“When I forget the names of cases” Justice Ginsburg Speaks: Women and the Law; Syria, Congress and the President and More, THE TAKEAWAY WITH JOHN HOCKENBERRY (Sept. 16, 2013).
172Marty’s kitchen Interview by Shana Knizhnik with Anita Fial.
“Sometimes she’ll be going to sleep” Interview by Irin Carmon with Jane Ginsburg.
“now there’s no one telling me” Beth Saulnier, Justice Prevails: A Conversation with Ruth Bader Ginsburg ‘54, CORNELL ALUMNI MAGAZINE, Nov./Dec. 2013.
“She lives off coffee” Interview by Shana Knizhnik with Clara Spera.
“seek ever more the joys of being alive” Lewis H. Lapham, Old Masters at the Top of Their Game, NEW YORK TIMES MAGAZINE, Oct. 23, 2014.
173“She asked the marshal if she could” Interview by Shana Knizhnik with Paul Spera.
“There was a change in the institution” Oral Argument at 07:58, Obergefell v. Hodges (No. 14-556).
175Under his button-down Interview by Irin Carmon with Dan Canon.
opinion striking down bans on same-sex marriage Obergefell v. Hodges, 576 U.S. (2015).
RBG’s image, rendered in rainbow darth!™, TWITTER (June 26, 2015, 8:41 AM), https://twitter.com/darth/status/614458561264021504.
Affordable Care Act King v. Burwell, 576 U.S. (2015).
Fair Housing Act Texas Dep’t of Hous. and Cmty. Affairs v. Inclusive Cmtys. Project, Inc., 576 U.S. (2015).
Pregnancy Discrimination Act Young v. United Parcel Service, 575 U.S. (2015).
RBG was credited E.g., Adam Liptak, Right Divided, a Disciplined Left Steered the Supreme Court, NEW YORK TIMES, June 30, 2015.
175“We will never see a day” MSNBC Interview.
176“I passed a door this morning” Symposium Honoring the 40th Anniversary of Justice Ruth Bader Ginsburg Joining the Columbia Law Faculty: A Conversation with Justice Ginsburg, COLUMBIA LAW SCHOOL (Feb. 10, 2012).
“I think gender discrimination” Exclusive: Ruth Bader Ginsburg on Hobby Lobby, Roe v. Wade, Retirement and Notorious R.B.G., YAHOO NEWS VIDEO (Jul. 31, 2014).
Appendix: How to Be Like RBG
179“apathy, selfishness, or anxiety” Ruth Bader Ginsburg, Remarks for American Bar Association Initiative: Renaissance of Idealism in the Legal Profession, May 2, 2006.
“This wonderful woman” Nadine Epstein, Ruth Bader Ginsburg: “The Notorious RBG,” MOMENT MAGAZINE, May 2015.
“Fight for the things” Stephanie Garlock, Ginsburg Discusses Justice and Advocacy at Radcliffe Day Celebration, HARVARD MAGAZINE, May 29, 2015.
180“women belong in all places” Joan Biskupic, Ginsburg: Court Needs Another Woman, USA TODAY, Oct. 5, 2009.
“To stay uncorrupted, the argument goes” Ruth Bader Ginsburg, Women at the Bar—A Generation of Change, 2 U. PUGET SOUND LAW REVIEW 1, 12 (1978).
“If you really want to study the law” Conversation with Justice Ruth Bader Ginsburg and Wendy Webster Williams, (Apr. 10, 2009).
181“never in it to be the only one” Interview by Shana Knizhnik with Marcia Greenberger.
RBG’s doodles at the Second Circuit Judicial Conference in 1976 Library of Congress Manuscript Division, Courtesy of Justice Ginsburg
Index
The pagination of this electronic edition does not match the edition from which it was created. To locate a specific entry, please use your e-book reader’s search tools.
Note: Italicized page locators indicate images.
A
abortion, 19, 41, 59, 64–67, 69, 79, 84–85, 88, 131–35
Doe v. Bolton, 19, 64, 67
Gonzales v. Carhart, 21, 111, 133–35
Planned Parenthood v. Casey, 85, 88, 113, 131–33, 134
Roe v. Wade, 19, 64, 67–68, 78, 84–85, 131
Albers, Josef, 165
Alito, Samuel, 111, 111, 116–17, 125
Gonzales v. Carhart, 133
Ledbetter v. Goodyear Tire, 136
Shelby County v. Holder, 2, 4
Supreme Court nomination, 21, 129
Alpha Epsilon Phi, 29
American Civil Liberties Union (ACLU), 48–49, 50, 51–52
Women’s Rights Project at, 11, 12, 19, 45, 58–60, 62, 63–64, 87, 89–90
Andrews, Glenn, 18
Andrias, Kate, 105
Appel, Nina, 37–38
Arlington National Cemetery, 107
Army, U.S., 32–33, 99–100
Ashbrook, John, 82
attire of RBG, 160–65
B
Babcock, Barbara, 82
Bader, Celia Amster, 16, 26–28, 30, 80
Bader, Marilyn, 26
Bader, Nathan, 27, 28, 30
Bagenstos, Samuel, 120–21
Bartlett, Mike, 173
Basquiat, Jean-Michel, 6
Bell, Griffin, 82
Bender, Paul, 38–39, 90
Berman, Paul, 123, 125
Biden, Joe, 87–88, 163
birth control, 18, 147, 148–49
Biskupic, Joan, 118
Blackmun, Harry, 19, 20, 46, 67, 125
Blank, Diane, 81
bombshell achiever, 11–12
Bork, Robert, 83, 86
Bradley, Joseph P., 15
Bradwell
, Myra, 15, 90
Bradwell v. Illinois, 15
Brennan, William, 86–87
Frontiero v. Richardson, 59–60, 93
General Electric v. Gilbert, 69
Weinberger v. Wiesenfeld, 71
Breyer, Stephen, 20, 78, 101, 110, 110, 141, 167, 171
Stenberg v. Carhart, 132
Brown v. Board of Education of Topeka, 17, 45
Bruzelius, Anders, 18, 40, 41
Bunning, Jim, 170
Burger, Warren, 19
burning your bridges, 179
Burwell v. Hobby Lobby, 22, 147, 148–49
Bush, George H.W., 83, 110
Bush, George W., 20, 110, 111, 128, 129, 132, 142
Bush v. Gore, 20, 95, 114–15, 128–29, 148
C
Califano v. Goldfarb, 74–75, 92
Camp Che-Na-Wah, 25, 27
Canon, Dan, 173–75
Carmon, Irin, 151, 169
Carter, Jimmy, 20, 80–81, 83
Chef Supreme (Ginsburg), 105, 182–83
Chi, Frank, 6
Chicago Tribune, 86
Citizens United v. Federal Election Commission, 148–49
Civil Procedure in Sweden (Ginsburg and Bruzelius), 18, 40–41
Civil Rights Act of 1964, 18, 48, 137, 139
Clinton, Bill, 110, 132
RBG’s Supreme Court nomination, 20, 77–80, 79, 86–89, 153
Cock (play), 173
Cohen, David S., 137
Cohen, N. Jerold, 153
Coleman v. Maryland Court of Appeals, 148–49
colorectal cancer, 20, 113–14, 152, 170
Columbia Law Review, 38
Columbia Law School, 17, 19, 30–31, 37–38, 39, 41, 61–63, 103
Connick v. Thompson, 148–49
Constitutional Aspects of Sex-Based Discrimination (Ginsburg), 19
Coplon, Judy, 26
Cornell University, 16–17, 27, 28–32
Cosby, Kelly, 184–85
Couric, Katie, 147
Court of Appeals for the District of Columbia Circuit, U.S., 20, 80–85, 86
Craig v. Boren, 74–75
Cunningham, Ben, 165
Cuomo, Mario, 78
Cushman, Robert E., 30, 121
D
Dalton School, 97, 102–3
D.C. Circuit, 20, 80–85, 86
de Beauvoir, Simone, 17, 46
