Sisters in Law
Page 44
Tom Zemaitis, April 17, 2014
OTHER INTERVIEWS
Ruth Bader Ginsburg, interview, Academy of Achievement, August 17, 2010, http://www.achievement.org/autodoc/page/gin0int-3
Ruth Bader Ginsburg, televised interview with Brian Lamb, C-SPAN, July 1, 2009, http://supremecourt.c-span.org/assetspdfRBGinsburg.pdf
Harriet Haskell, interview with Phoenix History Project, January 31, 1980
Sandra Day O’Connor, taped interview with Phoenix Oral History Project, 1980
Suzy Post, interview by Betsy Brinson, January 6, 1999, American Civil Liberties Union Records, Princeton University Library, Catalog no. 20
Stuart Spencer, “Interview with Stuart Spencer,” 2005, Ronald Reagan Oral History, Miller Center, University of Virginia, http://millercenter.org/president/reagan/oralhistory/stuart-spencer
SPEECHES
Ginsburg, Ruth Bader. Speech, New York Historical Society, October 28, 2014.
Oklahoma Bar Association Women in Law Conference Banquet Address, 1997, Ginsburg Archive, Library of Congress, Box 146.
“Realizing the Equality Principle,” Ginsburg Archive, Library of Congress, Box 12.
“Remarks on Women’s Progress in the Legal Profession in the United States,” Speech at July Institute on World Legal Problems in Innsbruck. Ginsburg Archive, Library of Congress, Box 151 F Seminars 1995.
“Sex and Unequal Protection: Men and Women as Victims,” keynote address, Southern Regional Conference of the National Conference of Law Women, Duke University, October 1, 1971, published in Journal of Family Law 11 (1971): 347.
“U.S. Supreme Court Justice Nomination Acceptance Address,” American Rhetoric Online Speech Bank, June 14, 1993, http://www.americanrhetoric.com/speeches/ruthbaderginsburgusscnominationspeech.htm.
O’Connor, Sandra Day. “Surviving Cancer.” C-SPAN, November 3, 1994, http://www.c-span.org/video/?61342-1/surviving-cancer.
“What Individuals Can Do to Improve the Courts” (remarks at Commencement Address at Stanford University), June 21, 1982, Los Angeles Daily Journal 4 (1982).
Palme, Olof. “The Emancipation of Man,” address to the Women’s National Democratic Club (June 8, 1970), http://www.olofpalme.org/wp-content/dokument/700608_emancipation_of_man.pdf.
Rathbun, Harry J. Audio recording, 1955, Stanford Digital Repository, http://purl.stanford.edu/qq737wt2311.
OTHER SOURCES
“Arizona’s Expenditure and Tax Limitation Proposal: An Analysis of Proposition 106,” Arizona State University Papers in Public Administration, 1974, O’Connor files, Arizona History and Archives, 5:2.
The Nomination of Ruth Bader Ginsburg, to Be Associate Justice of the Supreme Court of the United States: Hearings Before the S. Comm. on the Judiciary, 103d Cong. 127 (1993), http://www.loc.gov/law/find/nominations/ginsburg/hearing.pdf.
William H. Rehnquist, “A Random Thought on the Segregation Cases,” 1952, http://www.gpo.gov/fdsys/pkg/GPO-CHRG-REHNQUISTpdfGPO-CHRG-REHNQUIST-4-16-6.pdf.
“Sandra Day O’Connor House,” Tempe Preservation on Flickr, http://www.tempe.gov/city-hall/community-development/historic-preservation/tempe-historic-property-register/sandra-day-oconnor-house.
“Supreme Court Justice Sandra Day O’Connor and Chief Justice Warren Burger on Steps of Supreme Court, Washington DC,” image, Ron Bennett Photography, http://ronbennett.photoshelter.com/image/I0000Del5UB91v3M.
“Uniform Disposition of Community Property Rights at Death Act,” National Conference of Commissioners on Uniform State Laws, August 21–28, 1971, http://www.uniformlaws.org/shared/docs/disposition%20of%20community %20property%20rights/udcprda%201971.pdf.
Welborn, Angie A. The Law of Church and State: Selected Opinions of Justice O’Connor. Washington, D.C.: Congressional Research Service, Report for Congress, July 20, 2005, http://congressionalresearch.com/RS22201/document.php?study=The+Law+of+Church+and+State+Selected+Opinions+of+Justice+OConnor.
Index
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Note: Page numbers in italics indicate a photograph.
Abernathy, Charles, 72
abortion issue
overview, 204–5
doctors’ awareness of women dying from illegal abortions, 78–79
D&X or partial birth abortions, 250–53, 268–70
and feminist movement, 79–80
and Ginsburg, 60, 61, 80–81, 184–85, 204, 205, 209
and health of the pregnant woman, 79–80, 152–54, 185, 194, 250–52
and O’Connor, 60, 131, 134, 150–54, 184, 251
prohibition on giving foreign aid for abortions, 259
separation from feminism, 78–79
and Supreme Court, 61–62, 82–83
and thalidomide, 79
undue-burden standard, 153–54, 194–96, 251–52
U.S. military attempt to force an abortion, 61–62, 188
Webster v. Reproductive Health Services, 186–90
women asking their husbands before an abortion, 191, 194–95, 268
See also anti-abortion movement; Roe v. Wade
abusive work environment, defining, 218
ACLU (American Civil Liberties Union)
and ERA, 37–38, 39
and Ford Foundation, 61
and Ginsburg’s Harvard professorship, 56–57
and Moritz case, 33–34, 39, 43
and Planned Parenthood v. Casey, 191
policy on women’s equality, 55–56
and Reed v. Reed, 34–35
resistance to integration of women, 58
women’s caucus, 38–39, 58
ACLU Women’s Rights Project
overview, 62–63
agenda-setting conference with NOW, 63–66
areas for action, 59–60
creation of, 57–58
and Ginsburg, xvii, 58
offices in midtown Manhattan, 59
and Reed v. Reed, xxi
See also Ginsburg’s cases before the Supreme Court
Adams, Abigail, 38
affirmative action
and ERA, 85
Fisher v. University of Texas, 285–87
and Ginsburg, 170–71, 208–9, 286–87
and O’Connor, 119, 171–72
resistance to, 169–70
Scalia on, 119
Sotomayor’s dissent on Roberts’s roll back, 301
Supreme Court on, 170–72, 286–87
Akron v. Akron Reproductive Center, 152–54, 184–85
Alabama
African Americans voting in, 287–88
Frontiero v. Richardson, 69–77, 97, 142–43
J.E.B. v. Alabama, 224–28
Lilly Ledbetter v. Goodyear Tire and Rubber, 274–76
Albright, Miller v., 246–47
Alexander, Michelle, 228
Alito, Samuel
appointment and confirmation, 259, 268
Burwell v. Hobby Lobby, 293, 294
and Third Circuit ruling on Planned Parenthood v. Casey, 190, 268
American Bar Association, 51, 66, 110, 160–61
American Civil Liberties Union. See ACLU
American Law Institute (ALI), 79
American Nurses Association, 143
anti-abortion movement
Akron v. Akron Reproductive Center, 152–54, 184–85
and Bush, George W., 252, 257, 259
in Missouri, 150–52, 186–90
and O’Connor, 131
Planned Parenthood v. Casey, 190–96, 295
states’ hurdles to abortion, 60, 186–90, 195–96
and States’ rights, 251
Webster v. Reproductive Health Services, 186–90
Arizona
abortion issue, 60
Burger’s trip to, 127–29
law limiting women’s work hours, 47
O’Connor as Arizona Court of Appeals judge, 129
/> O’Connor as Arizona State Senator, 23–24, 25, 45–50, 122–24, 134
O’Connor childhood, xviii–xix, 3–5
politics in, 19–20, 119–20
Armstrong, Anne, 126–27
Armstrong, Tobin, 126
Askin, Frank, 22–23, 25
Atlantic Monthly special issue on women, 45–46
Babbitt, Bruce, 129, 200
Babcock, Barbara, 147–48, 205
Bader, Celia (mother), xix, 6, 7, 200
Bader, Kiki, 7. See also entries beginning with “Ginsburg, Ruth Bader”
Bader, Nathan (father), 5–6
Baker, Jim, 137
Bakke, Allan, 170
Ballard, Schlesinger v., 89–90, 227
Ball State, Vance v., 284
Barnes, Paulette, 163
Barr, Burton, 123–24
bathing suit (wet T-shirt) contest at King & Spalding, 157–58, 162
Baxter, Hugh, 218–19, 222
Bellagio Center, Lake Como, Italy, 108
Bemiss, Fitzgerald, 137
Benshoof, Janet, 289
Berkeley Law School, Berkeley, California, 87–88
Berresford, Susan, 63
Berzon, Marsha, 87–88, 99
Biden, Joe, 134
“bird shit” case (F.S. Royster Guano v. Virginia), 43–44
Birmingham Board of Education, Jackson v., 265–66
birth control and health insurance case, 292–95
Biskupic, Joan, 3, 133
Black, Hugo, 41
Blackmun, Harry, 197
appointment, 41–42
and Ginsburg, 225, 226, 227–28
Harris v. Forklift Systems, 217, 218
J.E.B. v. Alabama, 226
on legal feminism, 75–76
and O’Connor, 151, 225–26
Roe v. Wade, 78
and strict scrutiny of sex discrimination, 76
Webster v. Reproductive Health Services, 186–90
Weinberger v. Wiesenfeld, 98, 100
Blank, Diane, 156–57
Board of Education, Brown v., 40, 117–18, 140, 144–45, 273
Bolton, Doe v., 80
Boren, Craig v., 105–8, 142
Bork, Robert, and borking, 208
Born, Brooksley, 160–61
Bowen, Catherine Drinker, 45
Bradwell v. Illinois, 92, 269–70
Braibant, Guy, 176
Brandeis, Louis, 40, 273
Braun, Carol Moseley, 199
Brennan, William
Berzon as clerk, 87–88, 99
on Califano v. Goldfarb, 104
and Craig v. Boren, 107
and Ginsburg’s argument for strict scrutiny of sex discrimination, 75–76, 77
Hishon v. King & Spalding, 159
Johnson v. Santa Clara Transportation Authority, 171–72
and O’Connor, xxi
Price Waterhouse v. Hopkins, 182
raising the standard for sex discrimination laws, 107
refusing to hire a female clerk, 21
on Weinberger v. Wiesenfeld, 100
Breyer, Stephen, 176, 205–6, 240–41
Brown, Shirley, 261, 262
Brown v. Board of Education, 40, 117–18, 140, 144–45, 273
Burger, Warren, 115
appointment, 41
Arizona trip, 127–29
Craig v. Boren, 107
Hishon v. King & Spalding, 159–60
Hogan v. Mississippi, 145
Meritor Savings Bank, FSB v. Vinson, 166
and O’Connor, 128–31, 135, 168–69
on women on the Supreme Court, 47
Burwell v. Hobby Lobby, 292–95
Bush, George H. W., 154, 187
Bush, George W., 252, 257, 259
Bush v. Gore, 255–59
Califano v. Goldfarb, 104, 106
Califano v. Westcott, 111–12
Cannon, Mark, 127
Carhart, Gonzales v., 268–70, 274
Carhart, Stenberg v., 250–53, 296
Carr, Robert, 10
Carter, Jimmy, 109, 110–11
Casey, Planned Parenthood v., 190–96, 295
Catholic Church and abortion, 150
centrism as philosophy, 221
Charleston, Ferguson v., 261–62
childbearing and special privileges, 246–50, 262–64
children born in a foreign country to American fathers vs. America mothers, 248–50, 262–64
child support case jury in Alabama, 224–28
child support for boys vs. girls, 105
Christopher, Warren, 12
Citizens Advisory Council on the Status of Women, 48–49
Civiletti, Benjamin, 112
“Civil Liberty After the War” (Cushman), 10
Civil Rights Act (1964)
overview, xvii
applicability to partnerships, 157, 158–60, 161
Marshall’s strategy, xvi
and sex discrimination, 246–47, 275–76
and sexual harassment, 164–68, 217–19
Clark, Penny, 88–90, 91, 98–99, 102–3, 105, 144
Cleary, Goesaert v., 26
Cleveland, Sarah, 218
Clinton, Bill, 6, 199–200, 206–7
Clinton, Hilary Rodham, 160–61
Coleman v. Court of Appeals of Maryland, 282–83
colleges and universities, integration of, 55–56, 138, 139–40, 141
Collins, Gail, xiii
Colom, Wilbur, 140, 146
Colonial Williamsburg, Virginia, 136
Columbia Law School, New York, New York, 16, 21, 57, 66, 109
Commissioner of Internal Revenue, Moritz v., 33–34, 39, 43, 55
Commission on Women in the Profession, American Bar Association, 160–61
“Conditional Emancipation of Women, The” (Moberg), 21–22, 26, 27
Congress of the United States
on abortion issue, 251–52
Family and Medical Leave Act, 265, 282–83
and Ledbetter, 275–76
Lilly Ledbetter Fair Pay Act, 276
Religious Freedom Restoration Act, 293
Voting Rights Act, 287–88
See also Civil Rights Act
Congress on Racial Equality (CORE), 38
Conlan, John, 48
Constitution of the United States
discrimination protection, 35
judicial interpretation of, 36–37, 209, 210
See also Fourteenth Amendment
Cooper, George, 84
Cornell University, Ithaca, New York, 7, 9–11, 14
Cosby, Kelly, 290–91
country club elites, 137–38
Court of Appeals
Coleman v. Court of Appeals of Maryland, 282–83
D.C. Circuit, 112–14, 163–64, 207, 231
Fourth Circuit, 238–39
Second Circuit, 110–11
Third Circuit, 190–91, 268
Cox, Bill, 150
Craig v. Boren, 105–8, 142
criminal sodomy laws, 260
Cuomo, Mario, 200
Cushman, Robert, xx, 9–11
Davis v. Monroe County Board of Education, 247–48
Day, Ada Mae Wilkey (mother), 3
Day, Alan (brother), 4
Day, Harry (father), xviii–xix, 3, 4–5
Day, Sandra. See entries beginning with “O’Connor, Sandra Day”
death row inmate exonerated, 279, 280–82
Dershowitz, Alan, 215
difference feminism, 201–4, 229, 234–35
different-voice theory, 203–4, 234, 300
discrimination
affirmative action as reverse discrimination charge, 170–71
constitutional protection against, 35
employment discrimination cases, 284–85
gains lost after Ginsburg goes to the bench, 139
Internal Revenue Code on men as caretakers, 32–33
redefining sexual harassment as, 163–68
&n
bsp; in welfare law, 112
See also sex discrimination
Doe v. Bolton, 80
Domingo, Placido, 282
Donahue, Sean, 211, 212
Dorsen, Norman, 33, 39
Douglas, Les, 137
Douglas, William O., 42, 85–87
Draper, Bill, 137
Driggs, John, 19, 127, 133, 168–69
drinking age in Oklahoma, 107
Duren v. Missouri, 111, 227
Edwards v. Healy, 90
Egan, Michael, 110
“Emancipation of Men, The” (Palme), 22, 26
employment discrimination cases, 284–85
Equal Employment Opportunity Commission (EEOC) and sexual harassment, 164, 216, 217
equality. See affirmative action; Civil Rights Act; women’s equality
Equality Committee of the ACLU, 55
equality feminism. See Ginsburg’s strategy for equality feminism
equal-protection clause and women’s equality, 40–44, 88–89, 95, 104, 264. See also Fourteenth Amendment
equal protection, Harvard Law Review article on, 37
Equal Rights Amendment (ERA)
overview, xvii, 30
abortion rights equated to, 186
and ACLU, 37–38, 39
affirmative action aspects, 85
Fourteenth Amendment vs., 35–36
and Ginsburg, 26, 27, 50–52, 53–55, 108
and O’Connor, 47, 48–50
opposition to, 41, 118
and same-sex marriage issue, 64–65
Ervin, Sam, 52–53
evolution into self-realization concept, 7, 8–9
Family and Medical Leave Act, federal, 265, 282–83
Feigen Fasteau, Brenda, 59, 72
Feinstein, Dianne, 199
feminist movement
overview, xiv, xvi–xvii, 101–2, 300
abortion as separate from feminism, 78–79
Atlantic Monthly special issue on women, 45–46
birth control and health insurance case vs., 292–95
and country club membership, 137–38
difference feminism vs. equality feminism, 201–4, 229, 234–35
and different-voice theory, 203–4, 234, 300
and Ginsburg, xvi, xvii, 66
law school as part of, 131
and lesbianism, 64–65
models for, xiv
and O’Connor, xv–xvi, xvii, 123, 134
and protective legislation for women, 28
and redefining workplace sex-based harassment, 162–64
and Republican Party, 131
and Shulman’s “A Marriage Agreement,” 27–28
social change in 1960s, 24, 25–30
in Sweden, 21–22, 26
See also abortion issue; ACLU Women’s Rights Project; Ginsburg’s strategy for equality feminism; law firms and women; sexual equality
Ferguson, Plessy v., 118, 144
Ferguson v. Charleston, 261–62