My Own Words

by Ruth Bader Ginsburg

  Bernie Nussbaum wanted the president to call Judge Ginsburg immediately, but the president was having some friends over to watch the third game in the NBA Finals between the Chicago Bulls and the Phoenix Suns. Nussbaum called Ginsburg and told her, “Don’t go to sleep, you might get a call.” 11 The basketball game turned out to be one of the longest games in NBA history—three hours and twenty minutes. (The Suns beat the Bulls, 129–121, in triple overtime.) Ruth, not a basketball fan, spent the evening at home with Marty, waiting for the phone to ring.

  When the basketball game finally ended at 11:30 p.m., President Clinton said good night to his guests and went down to the White House kitchen to call Judge Ginsburg. He tried phoning her through the White House switchboard, but there was a problem with the connection. On his first try, he said “Hello, hello,” but Ginsburg couldn’t hear him. The second time he got through briefly and said “Did I wake you up?” Again, though, there was a problem with the connection. “Hang up,” the president said. “I’ll call you right back.” This time President Clinton dialed the number himself and finally got a good connection. “If I’m going to propose,” he joked, “we might as well have a good line.” “I’m going to ask you to accept this position tomorrow,” he said. “I feel really good about this.” 12

  The president went on to tell Ginsburg why he chose her, talked about her work on behalf of women’s rights, her outstanding record on the bench, and his belief that as an independent mainstream progressive jurist she could be a real leader on the Court. He also joked about how the selection process bore some resemblance to the suspenseful, marathon basketball game he had just watched. The president ended the call telling his nominee to be at the Rose Garden early the next day with acceptance remarks: “You have a lot of character,” he said. “Just speak from your heart and mind tomorrow.” 13 “So I knew,” she recalled, that “as high as I was with this great news, I had to settle down and write some remarks that I could deliver the next day.” 14 But the first order of business after hanging up the phone was a celebratory hug and a kiss from Marty.

  1

  Rose Garden Acceptance Speech

  June 14, 1993, was a lovely, sun-drenched day in Washington, D.C. Just after 2:00 p.m., President William Jefferson Clinton and Judge Ruth Bader Ginsburg walked out of the White House and into the Rose Garden. They stood side by side on the dais in front of politicians, press, and Ginsburg’s family and friends.

  President Clinton spoke for about ten minutes, first praising outgoing Justice Byron White before announcing his nomination of Ruth Bader Ginsburg. He chose Judge Ginsburg as his nominee for the Supreme Court, he said, for three reasons: “First, in her years on the bench, she has genuinely distinguished herself as one of our nation’s best judges, progressive in outlook, wise in judgment, balanced and fair in her opinions. Second, over the course of a lifetime in her pioneering work on behalf of the women of this country, she has compiled a truly historic record of achievement in the finest traditions of American law and citizenship. And finally, I believe that in the years ahead, she will be able to be a force for consensus-building on the Supreme Court, just as she has been on the Court of Appeals, so that our judges can become an instrument of our common unity in the expression of their fidelity to the Constitution.” 1

  After describing Ruth Ginsburg’s legal background, the obstacles she had overcome, and her character, he concluded: “Quite simply, what’s in her record speaks volumes about what is in her heart. Throughout her life, she has repeatedly stood for the individual, the person less well-off, the outsider in society, and has given those people greater hope by telling them that they have a place in our legal system, by giving them a sense that the Constitution and the laws protect all the American people, not simply the powerful.” 2

  President Clinton, most likely hoping to pave the way for a smooth bipartisan confirmation process, made repeated references to Judge Ginsburg as a moderate, calling her a “centrist,” a “consensus-builder,” a “healer,” a judge who “can’t be called a liberal or conservative.” He went on to speak about the “exhaustive” search process, specifically mentioning Bruce Babbitt and Stephen Breyer as leading candidates who “may well find themselves in that position someday in the future.” He concluded his remarks saying, “I am proud to nominate this path-breaking attorney, advocate, and judge, to be the 107th Justice to the United States Supreme Court.” 3

  As Judge Ginsburg approached the microphone, the audience stood and applauded. She placed her remarks on the podium, careful to keep her hands on the pages as they fluttered in the summer breeze. There had been no first drafts prepared by White House speechwriters, and no edits from administration officials. Years later she would confide: “One of the nice things about the short amount of time was that I didn’t have to run the remarks by anyone on the White House staff, there just wasn’t enough time.” 4 She had shown the remarks to the president about fifteen minutes before they stepped out into the Rose Garden. 5

  President Clinton bent the microphones down so that his diminutive nominee might be heard. Judge Ruth Bader Ginsburg, speaking slowly, and enunciating each word, as is her practice, delivered her acceptance speech.

  Nomination Acceptance Speech

  White House Rose Garden

  Washington, D.C.

  June 14, 1993

  Mr. President,

  I am grateful beyond measure for the confidence you have placed in me. And I will strive, with all that I have, to live up to your expectations in making this appointment. I appreciate, too, the special caring of Senator Daniel Patrick Moynihan. I was born and brought up in New York, the state Senator Moynihan represents, and he was the very first person to call with good wishes when President Carter nominated me, in 1980, to serve on the U.S. Court of Appeals for the District of Columbia Circuit. Senator Moynihan has offered the same encouragement on this occasion.

  May I introduce at this happy moment three people very special to me: my husband, Martin D. Ginsburg; my son-in-law, George T. Spera Jr.; and my son, James Steven Ginsburg.

  The announcement the president just made is significant, I believe, because it contributes to the end of the days when women, at least half the talent pool in our society, appear in high places only as one-at-a-time performers. Recall that when President Carter took office in 1977, no woman had ever served on the Supreme Court, and only one woman—Shirley Hufstedler of California—then served at the next federal court level, the United States courts of appeals. Today, Justice Sandra Day O’Connor graces the Supreme Court bench, and twenty-three women serve at the federal court of appeals level, two as Chief Judges. I am confident many more will soon join them.

  That seems to me inevitable, given the change in law school enrollment. My law school class in the late 1950s numbered over 500; that class included less than 10 women. As the president said, not a law firm in the entire city of New York bid for my employment as a lawyer when I earned my degree. Today, few law schools have a female enrollment under 40 percent, and several have reached or passed the 50 percent mark. And, thanks to Title VII, no entry doors are barred.

  My daughter, Jane, reminded me a few hours ago, in a good-luck call from Australia, of a sign of the change we have had the good fortune to experience. In her high school yearbook on her graduation in 1973, the listing for Jane Ginsburg under “Ambition” was: “To see her mother appointed to the Supreme Court.” The next line read: “If necessary, Jane will appoint her.” Jane is so pleased, Mr. President, that you did it instead. Her brother James is, too.

  I expect to be asked, in some detail, about my views of the work of a good judge on a High Court bench. This afternoon is not the moment for extended remarks on that subject, but I might state a few prime guides. Chief Justice Rehnquist offered one I keep in the front of my mind: a judge is bound to decide each case fairly, in accord with the relevant facts and the applicable law, even when the decision is, as he put it, not the one the home crowd wants.

&nbs
p; Next, I know no better summary than the one Justice O’Connor recently provided, drawn from a paper by NYU law professor Burt Neuborne. The remarks concern the enduring influence of Justice Oliver Wendell Holmes. They read:

  When a modern constitutional judge is confronted with a “hard” case, Holmes is at her side with three gentle reminders: (1) intellectual honesty about the available policy choices; (2) disciplined self-restraint in respecting the majority’s policy choice; (3) principled commitment to defense of individual autonomy, even in the face of majority action.

  To that I can only say, “Amen.”

  I am indebted to so many for this extraordinary chance and challenge: to a revived women’s movement in the 1970s that opened doors for people like me, to the civil rights movement of the 1960s from which the women’s movement drew inspiration, to my teaching colleagues at Rutgers and Columbia, and for thirteen years, my D.C. Circuit colleagues, who shaped and heightened my appreciation of the value of collegiality. Most closely, I have been aided by my life partner, Martin D. Ginsburg, who has been since our teenage days my best friend and biggest booster; by my mother-in-law, Evelyn Ginsburg, the most supportive parent a person could have; and by a daughter and son with the taste to appreciate that Daddy cooks ever so much better than Mommy, and so phased me out of the kitchen at a relatively early age.

  Finally, I know Hillary Rodham Clinton has encouraged and supported the president’s decision to utilize the skills and talents of all the people of the United States. I did not until today know Mrs. Clinton. But, I hasten to add that I am not the first member of my family to stand close to her. There is another I love dearly to whom the first lady is already an old friend—my wonderful granddaughter, Clara. Witness this super, unposed photograph taken last October when Mrs. Clinton visited a nursery school in New York City and led the small people in the toothbrush song. The little one right in front is Clara.

  I have a last thank-you. It is to my mother, Celia Amster Bader, the bravest, strongest person I have known, who was taken from me much too soon. I pray that I may be all that she would have been, had she lived in an age when women could aspire and achieve, and daughters are cherished as much as sons.

  I look forward to stimulating weeks this summer and, if I am confirmed, to working at a neighboring Court, to the best of my ability, for the advancement of the law in the service of society. Thank you.

  President Clinton and Judge Ginsburg at White House Rose Garden announcement of her nomination to the U.S. Supreme Court, June 14, 1993. Judge Ginsburg is holding a photograph showing Hillary Rodham Clinton singing “the toothbrush song” with Ginsburg’s granddaughter Clara and her nursery school class.

  There were few dry eyes in the Rose Garden when Judge Ginsburg concluded her remarks. The audience immediately rose, applauding. People looked at each other, nodding in approval. The president, obviously moved by her “last thank-you,” wiped tears from his eyes and told his nominee in a choked voice, “That was a terrific job.” 6

  During our interview with President Clinton in 2014, he reflected back on the Rose Garden event with visible pride. “It was a happy day. God, it was a nice day. She showed up with her family and she was happy as a clam. I remember, you know, she could barely conceal her glee, which is—she’s very tight-lipped and disciplined, but I was glad she was happy and not afraid to show it. That meant something to me. I thought it made it likely that she would be not just an intellectual force but a personal force on the Court.” 7

  President Clinton added that he was deeply moved by what Judge Ginsburg had said about her mother. “I identified with it,” he told us, “because I was influenced by my mother and because . . . her relationship with her mother and what her mother did for her, and how they were, I think had a lot to do with the passion with which she pursued opportunity for the girls and women who might not have had that boost.” 8

  Asked how he felt about having nominated Ruth Bader Ginsburg to the Court, President Clinton chuckled and said, “Even better [today] than the day I nominated her. She’s been a superb Justice on the Court and off. She’s a great role model for women, she’s a defender of things I believe are most important in this country. She reads the whole Constitution, doesn’t try to rewrite it to fit her political perspectives but understands it. You know, her job is to keep doing what the founders told her to do, which is form a more perfect union.” 9

  2

  Senate Confirmation Hearing Opening Statement

  THE STORY OF Ruth Bader Ginsburg’s transformation from judge to Justice did not, of course, end with her acceptance of the president’s nomination. In our constitutional system, the president nominates candidates for the Supreme Court, but the Senate must consent to a president’s choice before she can take her place as a life-tenured Justice. The Senate Judiciary Committee held hearings on the nomination of Ruth Bader Ginsburg over a four-day period in late July 1993.

  Senator Joseph Biden, then chair of the Senate Judiciary Committee, opened the session by saying, “Judge Ginsburg welcome, and believe me you are welcome here this morning.” He then described his morning train commute from Delaware, and how he had paged through the New York Times looking for a story about the hearing: “My heart san[g] when I realized it was page 8 or 10 or 12, which was the most wonderful thing that has happened to me since I have been chairman of this committee: that a major hearing warranted the 8th or 9th or 10th page because thus far it has generated so little controversy.” 1

  The atmosphere in the room was relaxed and friendly, more like a graduation or a family reunion than a contentious or combative hearing. Ever since Ginsburg’s June 14 nomination, most of Washington’s press, pundits, and politicians alike had predicted “smooth sailing” and a “swift confirmation.” Perhaps hoping to avoid a repeat of the antagonistic and embarrassing Robert Bork and Clarence Thomas hearings still fresh in the nation’s memory, senators on both sides of the aisle seemed to be on their best behavior. As Senator Howell Heflin said in his opening remarks: “What a change in atmosphere from that of the recent past: congeniality prevails over confrontation; back-slapping has replaced back-stabbing; inquiry is the motivation rather than injury.” 2

  After opening statements by Chairman Biden and Orrin Hatch (ranking minority member on the committee), Judge Ginsburg was introduced by her “sponsors”: Senators Daniel Patrick Moynihan and Alfonse D’Amato from New York, and Congresswoman Eleanor Holmes Norton from the District of Columbia, after which opening statements were given by the remaining members of the committee. The opening statements were almost uniformly positive. Even the most conservative senators remarked that, although they might differ with Judge Ginsburg on particular issues, they respected her intelligence and ability and thought she was well qualified to be a Supreme Court Justice.

  After swearing to give testimony that would be “the whole truth and nothing but the truth,” Ginsburg introduced her family and friends, smiling broadly and speaking with unbridled and somewhat uncharacteristic (at least to those who did not know her well) exuberance: “I have such a large family with me today, such an extended family, not just the immediate people behind me who I will introduce, but my friends, my law clerks, my secretaries. My heart is overflowing, because those are the people who have made it possible for me to be here today.” 3

  Ruth introduced Marty, who sat behind her beaming and nearly bursting with pride, as “my life’s partner for thirty-nine years.” She introduced her children and grandchildren, and provoked laughter several times, including when introducing her three-year-old granddaughter, Clara, and relating the story about the White House photographers who tried to get the “sober judge” to smile by telling her to “think of Clara.” She then introduced Clara’s brother, seven-year-old Paul: “I must tell you that in preparation for these hearings, I have read briefing books, opinion books, law reviews, but there is no book in the world that means as much to me as this one. This is Paul’s book. It says ‘My Grandma is Very, Very Special.�
�� ” Ginsburg showed pages of the book to the senators and the cameras, and the hearing room erupted into laughter as she flipped to the last page, which bore a crayon-drawn map of the United States and Paul’s description of his awestruck reaction to hearing the president announce his grandmother’s nomination when he was with his mother in Melbourne: “I heard her on the radio all the way from Australia.” 4

  Judge Ginsburg then gave her opening statement, reading slowly and clearly from her prepared remarks, taking the time to pause and look up at the senators every few minutes.

  Opening Statement

  Hearings before the Committee on the Judiciary

  United States Senate

  July 20, 1993

  May I say first how much I appreciate the time committee members took to greet me in the weeks immediately following the president’s nomination. It was a particularly busy time for you, and I thank you all the more for your courtesy.

  To Senator Moynihan, who has been at my side every step of the way, a thousand thanks could not begin to convey my appreciation. Despite the heavy demands on his time, during trying days of budget reconciliation, he accompanied me on visits to Senate members, he gave over his own desk for my use, he buoyed up my spirits whenever a lift was needed. Last night, he sent me the most beautiful roses. In all, he served as the kindest, wisest counselor a nominee could have.

  Senator D’Amato, from my great home state of New York, volunteered to join Senator Moynihan in introducing and sponsoring me, and I am so grateful to him. I have had many enlightening conversations in Senate Chambers since June 14, but my visit with Senator D’Amato was sheer fun. My children decided at an early age that mother’s sense of humor needed improvement. They tried to supply that improvement, and kept a book to record their successes. The book was called “Mommy Laughed.” My visit with Senator D’Amato would have supplied at least three entries for the “Mommy Laughed” book.