My Own Words Ruth Bader Ginsburg (with Mary Harnett & Wendy W. Williams)1 Ruth’s Early Years “I remember envying the boys long before I even knew the word feminism, because I liked shop better than cooking and sewing…” Pg 4 Ruth loved reading in her youth; her favorites were Little Women, Nancy Drew, Amelia Earhart, Emma Lazarus, Shakespeare, A.A. Milne. Pg 5 Ruth’s mother encouraged Ruth to be INDEPENDENT! “An unusual message for mothers of that time to be giving their daughters.” Pg 5 Ruth experienced antisemitism growing up. Pg 6 Ruth was the editor of her 8thgrade newspaper and wrote about the Charter of the United Nations: “Its purpose and principles are to maintain international peace and security, to practice tolerance, and to suppress any acts of aggression or other breaches or peace. It is vital that peace be assured, for now we have a weapon that can destroy the world.” Pg 1011 Ruth didn’t understand the hypocritical rules and inferior roles women played in regard to her religion. Why couldn’t she have a bar mitzvah? Pg 15 13yearold Ruth on Rabbi Alfred Bettleheim: “We are part of a world whose unity has been almost completely shattered. No one can feel free from danger and destruction until the many torn threads of civilization are bound together again. We cannot feel safer until every nation, regardless of weapons or power, will meet together in good faith, the people worthy of mutual association.” Pg 16 As Ruth started high school, her mother was diagnosed with cervical cancer. At the time, there wasn’t chemotherapy and she had few treatment options. Her mother passed away days before her high school graduation. Pg 18 In college, Ruth was influenced by Vladimir Nabokov and Robert Cushman. Nabokov changed the way she related to words: “He used words to paint pictures. Even today, when I read, I notice with pleasure when an author has chosen a particular word, a particular place, for the picture it will convey to the reader.” Cushman encouraged Ruth to look at law schools and helped show her the importance of legal activism and civic justice: “he was both a teacher and a consciousness raiser.” Pg 2021 1
My Own Words Ruth Bader Ginsburg with Mary Harnett & Wendy W. Williams October 4th 2016 SImon & Schuster 371 Pages
Marty + Ruth Marty on Ruth: “Ruth is somebody who is simply not afraid of dead air time. If you ask her a question that requires a thoughtthrough answer she will stop, think it through and then answer it.” Pg 25 Collegiality on the Supreme Court Despite their differences, Ruth was close friends with Justice Scalia who suddenly passed away in 2016. Ruth spoke at Scalia’s memorial service: “Once asked how we could be friends, given our disagreement on lots of things, Justice Scalia answered: “I attack ideas. I don’t attack people. Some very good people have some very bad ideas. And if you can’t separate the two, you gotta get another day job.”” Pg 41 The Scalia/Ginsburg Opera Pg 43 “Chief Justice Rehnquist was hands down the fairest and most efficient. Presiding over six prime dons and two prima donnas, he kept us all in line and on time.” Pg 222 Tributes to Waypavers Belva Ann Lockwood, born 1830, was the first woman admitted to the U.S. Supreme Court’s Bar, the first woman to argue a case in front of the justices, and the first to run for president. At age 39, she applied to law schools and was first rejected as she would be a distraction to the male students. Once she graduated, she struggled to actually obtain her diploma because the male students feared it “would lessen the value of men’s diplomas.” Lockwood was a suffragist and “though, she could not vote for president, she twice ran for the office herself, pointing out that nothing in the Constitution barred a woman’s candidacy.” Pg 6567 Harvard Law School dean Elena Kagan (now fellow Justice) discussed a survey: “Women are less likely to volunteer in class, the report noted, and they gain fewer academic honors. Ask if they consider themselves in the top 20 percent of the class in legal reasoning, 33 percent of the men answered yes, in contrast to the 15 percent of the women. Women also rated themselves lower on ability to “think quickly on their feet, argue orally, write briefs, and persuade others.”” HELLO IMPOSTER SYNDROME! Kagan’s bottom line: “ Women lawyers are not assuming leadership roles in proportion to their numbers.” Pg 73 Louis Dembitz Brandeis was the first Jew on the Supreme Court. He was referred to as the “people’s attorney” and helped create pro bono traditions among US lawyers. Pg 81 Justice Sandra Day O’Connor was the first female justice on the Supreme Court: “As women achieve power, the barriers will fall. As society sees what women can do, as women see what women can do, there will be more women out there doing things, and we’ll all be better off for it.” Pg 91
Ruth’s Influence on Gender + Race Equality “Choice is channeled during the earliest years. An exceedingly popular … television series for preschool children is, according to its director, “definitely maleoriented.” Books for the nursery and kindergarten audience continue to encourage achievement for boys and passivity for girls… State “protection,” and unchecked discrimination by employers (sometimes abetted by maledominated unions), have stopped many women at the gate, denied promotions to others, and kept great numbers of them at a compensation level appreciably lower than the level assigned to men performing work of the same kind and quality.” Pg 121 “One universal concern is surely a contributing factor: recognition that longterm relief for environmental problems requires increased attention to birth control.” Pg 124125 On the Frontiero brief… “Legislative judgments “protecting” women from full participation in economic, political, and social life have been labeled “benign” by persons who regard them as marking off for women a “separate but equal” role… Growing up in a society in which virtually all positions of influence and power are held by men, women believe that they belong to the inferior sex. Women’s lack of selfesteem and their own belief, shared by men, that it is better to be male than female is reflected, for example, in the fact that male babies are preferred over female babies by both parents. As Matina Horner observed, “It has taken … a long time to become aware of the extent to which [the stereotypical] image of woman has actually been internalized, this acquiring the capacity to exert psychological pressures on [women’s] behavior of which [women themselves] are frequently unaware.” Pg 135136 Ruth would still like to see the ERA spelled out in the Constitution: “I would like my granddaughters, when they pick up the Constitution, to see that notion that women and men are persons of equal stature I’d like them to see that is a basic principle of our society.” Pg 140 Women need to be on juries in 1957, a “battered woman” was convicted of seconddegree murder from an allmale jury: “Her thought was simply this: if women were on the jury, they might have better comprehended her state of mind, casting their ballot, if not for an acquittal, then at least to convict her of the lesser offense of manslaughter.” Pg 158 Captain Susan Struck became pregnant while serving as an Air Force officer. She was discharged because she had the baby and gave it up for adoption instead of having an abortion which went against her religion. Pg 163 Mildred Jeter and Richard Loving drove from Virginia to DC to get married as Virginia banned interracial marriages. The Virginia judge said, “Almighty God… created the races white, black, yellow, Malay, and red, and he placed them on separate continents… The fact that he separated the races shows that he did not intend for [them] to mix.” Pg 266
Ruth of affirmative action: “To combat centuries of inequality and to uplift people disadvantaged because they belong to longsubordinated populations, many modern constitutions allow, or even require, affirmative action… in the United States, slavery persisted in the South until outlawed by our Civil War and an 1865 constitutional amendment. “In the wake of a system of racial caste only recently ended,” President Lyndon Johnson told the nation in 1965, “ freedom is not enough. You do not wipe away the scars of centuries by saying: “Now you are free to go where you want.. Do as you desire.”” Pg 268270 Lily Ledbetter sued Goodyear for pay discrimination. Her starting salary matched her male peers but as the years passed, a large pay gap started to occur. The Supreme Court declared that Lily did not file her claim in time (180 days). Ruth dissented: “only over time is there strong cause to suspect that discrimination is at work.” Pg 288 In Vance v. Ball State University, Ruth dissented because a supervisor was categorized as someone who has hiring/firing power. She believes anyone giving out and managing tasks should be legally categorized as a supervisor to protect employees against workplace harassment. Pg 291 In cases against Hobby Lobby & Conestoga Wood Specialties, Ruth dissented because she believes forprofit organizations should provide full coverage of contraceptive methods for their female employees: “Can an employer in business for profit opt out of coverage for blood transfusions, vaccinations, antidepressants, or medications derived from pigs, based on the employer’s sincerely held religious beliefs opposing those medical practices? What of the employer whose religious faith teaches that it is sinful to employ a single woman without her father’s consent, or a married woman, without her husband’s consent? Can those employers opt out of the Title VII’s ban on gender discrimination in employment? These examples, by the way, are not hypothetical.” Pg 308309 Ruth’s Appointment to the Supreme Court “The president’s confidence in my capacity to serve as a Supreme Court Justice is responsible for the proceedings about to begin. There are no words to tell him what is in my heart. I can say simply this: if confirmed, I will try in every way to justify his faith in me.” Pg 182 “The increasing full use of the talent of all of this nation’s people holds large promise for the future, but we could not have come to this point and I surely would not be in the room today without the determined efforts of men and women who kept dreams of equal citizenship alive in the days when few would listen. People like Susan B. Anthony, Elizabeth Cady Stanton, and Harriet Tubman come to mind. I stand on the shoulders of those brave people.” Pg 183 Ins and Outs of the Supreme Court “We serve no clients, our commission is to do what is right what the law requires and what is just.” Pg 213
Ruth reflects on Alexander Hamilton’s Federalist Paper #78: “Federal judges, on order to preserve the people’s rights and privileges, must have authority to check legislation and acts of the executive for constitutionality.” Pg 229 “The most efficient dissent, I am convinced, “stands on its own legal footing,” it spells out differences without jeopardizing collegiality or public respect for and confidence in the judiciary.” Pg 237 Ruth believes we should use foreign legal materials to learn from other’s countries and their foreign wisdom while viewing the materials with sensitivity to our differences. Pg 255 “A dissent announced orally, therefore, garners immediate attention. It signals that, in the dissenters’ view, the Court’s opinion is not just wrong, but, to borrow Justice Steven’s words, “profoundly misguided.”” Pg 279 Discussion Questions How were Ruth’s youth and perspective influenced by her religion as well as WWII? “Even so, there is a need for women of Lockwood’s sense and steel to guard against backsliding, and to ensure that our daughters and granddaughters can aspire and achieve, with no artificial barriers blocking their way.” Pg 68 Discuss how we can prevent backsliding in today’s political environment. How has society changed in regard to women’s equality over Ruth’s lifespan? How did she influence that change? Arthur Goldberg commented, “My concern for justice, for peace, for enlightenment, stems from my heritage.” Pg 84 Discuss. After reading a portion of Ruth’s dissents, which stand out to you and why? Who are the waypavers of today and why? How have Supreme Court appointments changed over time? [ Notorious RBG discussion questions ] Looking back on her life, RBG has said there were three strikes against her, as a woman, a mother, and a Jew. How did she overcome them? And, conversely, what privileges did she benefit from?
[ Notorious RBG discussion questions ] RBG has said, “Fortunately, in my marriage, I didn’t get secondclass treatment.” What was your reaction to learning about RBG’s marriage to Marty Ginsburg? [ Notorious RBG discussion questions ] What can we learn from RBG’s friendship with the late Antonin Scalia? Is it an inspiration for crosspolitical friendships or is there a point where the political becomes too personal? Related Links Newsweek With ‘My Own Words,’ the “Notorious RBG’ Looks Back on her Legacy Stephen Colbert Stephen Works Out with Ruth Bader Ginsburg CBS Justice Ruth Bader Ginsburg Speaks PBS Ruth Bader Ginsburg on Becoming Notorious Magnolia Pictures RBG Movie NYT Ruth Bader Ginsburg No Fan of Donald Trump Bloomberg Ruth Bader Ginsburg on SameSex Marriage, Women’s Rights, Health Tumblr Notorious RBG Supreme Court Home Page and Website American Rhetoric USSC Acceptance Speech