44. See Shelby Cnty., 133 S. Ct. at 2648 (Ginsburg, J., dissenting) (“Hubris is a fit word for today’s demolition of the [Voting Rights Act].”).
45. Cf. BIZET, MEILHAC & HALEVY, Seguidilla (Près des remparts de Séville) [Seguidilla (Near the ramparts of Seville)], in CARMEN, supra note 3, at act 1, sc. 9 (“Près des remparts de Séville, / Chez mon ami, Lillas Pastia, / J’irai danser le séguedille / Et boire du Manzanilla. / J’irai chez mon ami Lillas Pastia.” [“Near the ramparts of Seville, / At the place of my friend, Lillas Pastia, / I will go to dance the Seguidilla / And drink Manzanilla. / I will go to the place of my friend Lillas Pastia.”]); see also ABA Journal—Law News Now, Justice Ruth Bader Ginsburg Talks Opera, the Law and Tells of a Plácido Domingo Serenade, YOUTUBE (Aug. 5, 2012), http://perma.cc/4ZCV-W48R?type=source [hereinafter ABA Journal, Justice Ginsburg Talks Opera] (“[T]he most famous plea bargain in opera is Carmen’s bargain with Don José: if he will allow her to escape, then she promises him that she will meet him at her friend’s café.”).
46. See, e.g., VERDI & PIAVE, Libiamo ne’ lieti calici [Let us drink from joyful chalices], in LA TRAVIATA, supra note [21], at act 1, sc. 2.
47. See Lawyers Enjoy a Morning at the Opera with Justice Ginsburg and Solicitor General Verrilli, ABANOW (Aug. 4, 2012), http://perma.cc/L3NW-A5X3 (“The founders of our country were great men with a vision. They were held back from realizing their ideas by the times in which they lived. But I think their notion was that society would evolve and the meaning of some of the grand clauses in the Constitution, like due process of law, would grow with society so that the Constitution would always be attuned with the society that law is meant to serve.”); see also Adarand, 515 U.S. at 276 (Ginsburg, J., dissenting) (“I see today’s decision as one that allows our precedent to evolve, still to be informed by and responsive to changing conditions.”).
48. This section of the aria prioritizes the lower register of the soprano voice. Cf. ABA Journal, Justice Ginsburg Talks Opera, supra note [45] (“[If I were an opera singer,] my first reaction would be, well, [my voice] would be a great soprano: I would be Renata Tebaldi or perhaps Beverly Sills. But then I think of Risë Stevens and say, well, perhaps I’d be a mezzo, like Marilyn Horne.”).
49. See, e.g., United States v. Virginia, 518 U.S. 515, 531 (1996) (“Through a century plus three decades and more of [our Nation’s] history, women did not count among voters composing ‘We the People.’ ”).
50. See id. at 557 (“A prime part of the history of our Constitution . . . is the story of the extension of constitutional rights and protections to people once ignored or excluded.”).
51. See id. at 532 (“[T]he Court has repeatedly recognized that neither federal nor state government acts compatibly with the equal protection principle when a law or official policy denies to women, simply because they are women, full citizenship stature—equal opportunity to aspire, achieve, participate in and contribute to society based on their individual talents and capacities.”).
52. See Ledbetter v. Goodyear Tire & Rubber Co., Inc., 550 U.S. 618, 645 (Ginsburg, J., dissenting) (challenging “the unlawful [employment] practice [that] is the current payment of salaries infected by gender-based (or race-based) discrimination—a practice that occurs whenever a paycheck delivers less to a woman than to a similarly situated man”). Congress later adopted Justice Ginsburg’s position by passing the Lilly Ledbetter Fair Pay Act of 2009. Pub. L. No. 111-2, 123 Stat. 5 (2009).
53. Cf. Ruth Bader Ginsburg, Closing Remarks for Symposium on Justice Brennan and the Living Constitution, 95 CAL. L. REV. 2217, 2219 (2007) (“Justice Brennan was also instrumental in the 1970s, I should not fail to note, in moving the Court in a new direction regarding women’s rights. The very first case I argued before the Court, Frontiero v. Richardson, yielded, in 1973, the first in a line of Brennan opinions holding that our living Constitution obligates government to respect women and men as persons of equal stature and dignity.” (emphasis added)).
54. See Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 274 (1995) (Ginsburg, J., dissenting) (“Bias both conscious and unconscious, reflecting traditional and unexamined habits of thought, keeps up barriers that must come down if equal opportunity and nondiscrimination are ever genuinely to become this country’s law and practice.”).
55. Cf. Ruth Bader Ginsburg, The 20th Annual Leo and Berry Eizenstat Memorial Lecture: The Role of Dissenting Opinions (Oct. 21, 2007) (transcript available at http://perma.cc/Z6E8-6NUM) (“Our Chief Justice . . . expressed admiration for the nation’s fourth Chief Justice, John Marshall, in my view, shared by many, the greatest Chief Justice in U.S. history. Our current Chief admired, particularly, Chief Justice Marshall’s unparalleled ability to achieve consensus among his colleagues. During his tenure, the Court spoke with one voice most of the time.”).
56. As Justice Ginsburg notes, “There are a number of cases . . . they’re not picked up by the press too often, where Justice Scalia and I are in total agreement, and if you think of this last Term, of Fourth Amendment cases, the one where Nino was . . . in dissent. [The] question was whether the police, when they arrest someone suspected of a felony, . . . can take a DNA sample.” Justice Ginsburg on Supreme Court Rulings and Political Activism (C-SPAN television broadcast Sept. 6, 2013), available at http://perma.cc/S5LZ-68GA; see Maryland v. King, 133 S. Ct. 1958, 1980 (2013) (Scalia, J., dissenting) (“Justice Scalia, with whom Justice Ginsburg, Justice Sotomayor, and Justice Kagan join, dissenting.”).
57. Cf. Zuni Pub. Sch. Dist. v. Dep’t of Educ., 550 U.S. 81, 113 (2007) (Scalia, J., dissenting) (“The sheer applesauce of this statutory interpretation should be obvious.”).
58. Cf., e.g., Piers Morgan Tonight: Interview with Antonin Scalia [(CNN television broadcast July 18, 2012) (transcript available at http://perma.cc/6ZPA-HGB5)] (“My best buddy on the Court is Ruth Bader Ginsburg, has always been.”).
59. See, e.g., Emmarie Huetteman, Breyer and Scalia Testify at Senate Judiciary Hearing, N.Y. TIMES, Oct. 6, 2011, at A21 (“Justice Scalia expounded on what sets the United States apart from other countries: not the Bill of Rights, which ‘every banana republic has,’ but the separation of powers. Americans ‘should learn to love the gridlock,’ he said. ‘It’s there for a reason, so that the legislation that gets out will be good legislation.’ ”)
60. The original composition of the Court was six justices. Judiciary Act of 1789, ch. 20, § 1, 1 Stat. 23. In 1869, the number of justices was increased to nine. Judiciary Act of 1869, ch. 22, § 1, 16 Stat. 44 (“[T]he Supreme Court of the United States shall hereafter consist of the Chief Justice of the United States and eight associate justices . . . .”).
61. Cf. SCALIA, A MATTER OF INTERPRETATION, supra note 2, at 13-14 (“By far the greatest part of what I and all federal judges do is to interpret the meaning of federal statutes and federal agency regulations.”).
62. See, e.g., Rob Seal, Scalia: Judges Should Consider Tradition in Church and State Cases, U. VA. L. SCH. (Apr. 11, 2008), http://perma.cc/3PYB-R8E4 (“What Shakespeare is to the high school English student, the society’s accepted constitutional traditions are to the prudent jurist. He doesn’t judge them, but is judged by them. . . . [Rules] ought to be rooted in—ought to be derived from—the text of the Constitution, and where that text is in itself unclear, the settled practices that the text represents.”).
63. See, e.g., Morning Edition: Ruth Bader Ginsburg and Malvina Harlan: Justice Revives Memoir of Former Supreme Court Wife [(NPR radio broadcast May 2–3, 2002), available at http://www.npr.org/templates/story/story.php?storyId=1142685] (“Dissents speak to a future age. It’s not simply to say, ‘My colleagues are wrong and I would do it this way.’ But the greatest dissents do become court opinions and gradually over time their views become the dominant view. So that’s the dissenter[s’] hope: that they are writing not for today but for tomorrow.”).
64. Compare Daniel J. Hemel, Scalia Describes “Dangerous” Trend, HARVARD CRIMSON (Sept. 29, 2004), htt
p://perma.cc/B8JU-U5BF (“The Supreme Court’s recent decisions . . . represent a ‘dangerous’ trend, Justice Antonin Scalia told a Harvard audience last night.”), with At the Supreme Court: A Conversation with Justice Ruth Bader Ginsburg and Stanford Law School Dean M. Elizabeth Magill, STANFORD LAWYER (Oct. 4, 2013), http://perma.cc/ZNS2-VMZU (“If you reflect on the history of the Court, there have been periods in which the Court is stemming the tide of progress in the nation at large. I think this may be one such time, but, eventually, this time will pass.”).
65. See SCALIA, A MATTER OF INTERPRETATION, supra note 2, at 7, 12 (“[A]n absolute prerequisite to common-law lawmaking is the doctrine of stare decisis—that is, the principle that a decision made in one case will be followed in the next. Quite obviously, without such a principle common-law courts would not be making any ‘law’; they would just be resolving the particular dispute before them. It is the requirement that future courts adhere to the principle underlying a judicial decision which causes that decision to be a legal rule. (There is no such requirement in the civil-law system, where it is the text of the law rather than any prior judicial interpretation of that text which is authoritative. Prior judicial opinions are consulted for their persuasive effect, much as academic commentary would be; but they are not binding.) . . . I am content to leave the common law, and the process of developing the common law, where it is. It has proven to be a good method of developing the law in many fields—and perhaps the very best method.”).
66. See Justice Ginsburg on Supreme Court Rulings and Political Activism, supra note [56] (“I should say that one of the hallmarks of the Court is collegiality, and we could not do the job the Constitution gives to us if we didn’t—to use one of [Justice Antonin] Scalia’s favorite expressions—‘get over it.’ We know that—even though we have sharp disagreements on what the Constitution means, we have a trust, we revere the Constitution and the Court, and we want to make sure that, when we leave it, it will be in as good shape as it was when we joined the Court.”).
67. See id.
Part Two: Tributes to Waypavers and Pathmarkers
1. Justice Ginsburg, who often uses the terms “pathmarking” and “waypaving,” not only in these tributes but also in her legal writings and judicial opinions, came across the term when she read former UN Secretary General Dag Hammarskjöld’s book Vägmärken (1965). See Interview by Mary Hartnett and Wendy Williams with Ruth Bader Ginsburg (Aug. 5, 2004) (on file with authors).
Part Three: On Gender Equality: Women and the Law
1. Interview by Mary Hartnett and Wendy Williams with Ruth Bader Ginsburg (Aug. 25, 2005) (on file with authors).
2. See Ruth Bader Ginsburg, Treatment of Women by the Law: Awakening Consciousness in the Law Schools, 5 VAL. U. L. REV. 480, 481 (1971).
3. Ruth Bader Ginsburg, Remarks for Rutgers (Apr. 11, 1995), cited in Herma Hill Kay, Claiming a Space in the Law School Curriculum: A Casebook on Sex-Based Discrimination, 25 COLUM. J. GENDER & L. 54, 55 (2013).
3. The Frontiero Reply Brief
1. Gerald Gunther, The Supreme Court, 1971 Term—Forward: In Search of Evolving Doctrine on a Changing Court: A Model for a Newer Equal Protection, 86 HARV. L. REV. 1, 8 (1972).
4. The Need for the Equal Rights Amendment
1. See, e.g., Nikki Schwab, Ginsburg: Make ERA Part of the Constitution, U.S. NEWS & WORLD REPORT, Apr. 18, 2014, available at http://www.usnews.com/news/blogs/washington-whispers/2014/04/18/justice-ginsburg-make-equal-rights-amendment-part-of-the-constitution (quoting Justice Ginsburg).
Part Four: A Judge Becomes a Justice
1. Interview by Mary Hartnett with Ron Klain (Nov. 30, 2007) (on file with authors).
2. Interview by Maeva Marcus with Ruth Bader Ginsburg (Sept. 6, 2000) (on file with authors).
3. Interview by Mary Hartnett and Wendy Williams with Martin Ginsburg (Aug. 3, 2004) (on file with authors).
4. Interview by Mary Hartnett with Ron Klain (Nov. 30, 2007) (on file with authors).
5. Interview by Mary Hartnett with President William Jefferson Clinton (June 26, 2014) (on file with authors).
6. Interview by Mary Hartnett with Bernie Nussbaum (Nov. 15, 2007) (on file with authors).
7. Interview by Mary Hartnett and Wendy Williams with Ruth Bader Ginsburg (Aug. 25, 2005) (on file with authors).
8. Ibid.
9. Ibid.
10. Interview by Mary Hartnett with President William Jefferson Clinton (June 26, 2014) (on file with authors).
11. Interview by Mary Hartnett with Bernie Nussbaum (Nov. 15, 2007) (on file with authors).
12. Background Briefing by Senior Administration Officials (June 14, 1993), available at the American Presidency Project, http://www.presidency.ucsb.edu/ws/?pid=59985.
13. Ibid.
14. Interview by Maeva Marcus with Ruth Bader Ginsburg (Sept. 6, 2000) (on file with authors).
1. Rose Garden Acceptance Speech
1. Transcript of president’s announcement and Judge Ginsburg’s remarks, New York Times, June 15, 1993.
2. Ibid.
3. Ibid.
4. Interview by Mary Hartnett and Wendy Williams with Ruth Bader Ginsburg (Aug. 25, 2005) (on file with authors).
5. Background Briefing by Senior Administration Officials (June 14, 1993), available at the American Presidency Project, http://www.presidency.ucsb.edu/ws/?pid=59985.
6. Ruth Bader Ginsburg Supreme Court Nomination Announcement, White House Rose Garden, Washington, D.C. (June 14, 1993) (recording available on C-SPAN at http://www.c-span.org/video/?42908-1/ginsburg-supreme-court-nomination).
7. Interview by Mary Hartnett with President William Jefferson Clinton (June 26, 2014) (on file with authors).
8. Ibid.
9. Ibid.
2. Senate Confirmation Hearing Opening Statement
1. Nomination of Ruth Bader Ginsburg, to Be Associate Justice of the Supreme Court of the United States: Hearings Before the Committee on the Judiciary, 103rd Congress, July 20–23, 1993, S. Hrg. 103-482 [hereinafter Nomination Hearings], at 1 (statement of Chairman Biden).
2. Ibid., p. 32 (statement of Senator Heflin).
3. Ibid., p. 46 (statement of Judge Ginsburg).
4. Ibid.
5. Ibid., p. 166 (statement of Judge Ginsburg).
6. Linda P. Campbell, “Soft-spoken Ginsburg Gets Points Across,” Chicago Tribune, July 25, 1993, p. 1.
7. Nomination Hearings, supra note 1, p. 404 (statement of Senator Feinstein).
8. Ibid., p. 503 (statement of Rosa Cumare).
9. Ibid., p. 517 (statement of Susan Hirschmann).
10. Ibid., p. 565 (statement of Chairman Biden).
11. Interview by Mary Hartnett with Joel Klein (Sept. 16, 2014) (on file with authors).
12. Nomination of Ruth Bader Ginsburg to Be an Associate Justice of the United States Supreme Court: Executive Report, 103rd Congress, Aug. 5, 1993, Exec. Rept. 103-6, at 2 (submitted by Chairman Biden).
Part Five: The Justice on Judging and Justice
1. Interview by Mary Hartnett and Wendy Williams with Ruth Bader Ginsburg (Aug. 4, 2004) (on file with authors).
7. The Role of Dissenting Opinions
1. Linda Greenhouse, Oral Dissents Give Ginsburg a New Voice, N.Y. TIMES, May 31, 2007 at A1.
8. Highlights of the U.S. Supreme Court’s 2015–16 Term
1. Interview by Mark Sherman with Ruth Bader Ginsburg, ASSOCIATED PRESS, July 8, 2016, http://bigstory.ap.org/article/0da3a641190742669cc0d01b90cd57fa/ap-interview-ginsburg-reflects-big-cases-scalias-death.
Conclusion
1. Joan Biskupic, Ginsburg ‘Lonely’ Without O’Connor, USA TODAY, Jan. 26, 2007, at A1.
2. Jessica Weisberg, Supreme Court Justice Ruth Bader Ginsburg: I’m Not Going Anywhere, ELLE MAGAZINE, Sept. 23, 2014, at 358, 360.
3. Ruth Bader Ginsburg, 2nd Annual Dean’s Lecture to the Graduating Class, Georgetown University Law Center, Feb. 4, 2015, available at http://apps.law.georgetown.edu/webcasts/eventDetail.cfm?eventID
=2559.
4. Weisberg, supra note 2, at 362.
Index
A note about the index: The pages referenced in this index refer to the page numbers in the print edition. Clicking on a page number will take you to the ebook location that corresponds to the beginning of that page in the print edition. For a comprehensive list of locations of any word or phrase, use your reading system’s search function.
Page numbers in italics refer to illustrations.
abortion, xviii, 125, 163–64, 189, 213, 220, 237–42, 244, 277, 313–16, 318, 321–23, 328
Acheson, Dean, 261
Adams, Abigail, 96
Adams, John, 107, 230
adoption, 163–64, 240–42
affirmative action, xviii, 59, 197, 213, 268–75, 318–21, 327
Affordable Care Act (ACA) (Patient Protection and Affordable Care Act) (Obamacare) (2010), 277, 299–312, 326
Africa, 262–63
African Americans, 59, 84, 105–6, 123, 124, 125, 144, 161, 169–70, 196–97, 206, 219, 220, 230, 245–46, 259–75, 280, 292–98, 321, 327–28
Agra, India, 38, 40
Air Force, U.S., 131–38, 143, 146–47, 162, 163–64, 240–42
Air Force Academy, U.S., 143, 162
Air Force Medical Service, U.S., 240–42
Alabama, 72, 131, 267, 284, 287–89, 295
Alito, Samuel, 57, 198, 205, 287, 307–8, 313, 321, 324
Allen, Florence Ellinwood, xiv, 74–75, 76
American Bar Association (ABA), 72–73, 140, 170, 189, 332
My Own Words Page 36