Joan Ruth Bader Ginsburg ( ; Bader; March 15, 1933 – September 18, 2020) was an American lawyer and jurist who served as an
associate justice of the Supreme Court of the United States
An associate justice of the Supreme Court of the United States is a Justice (title), justice of the Supreme Court of the United States, other than the chief justice of the United States. The number of associate justices is eight, as set by the J ...
from 1993 until her death in 2020. She was nominated by President
Bill Clinton
William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
to replace retiring justice
Byron White
Byron Raymond "Whizzer" White (June 8, 1917 – April 15, 2002) was an American lawyer, jurist, and professional American football, football player who served as an Associate Justice of the U.S. Supreme Court, associate justice of the Supreme ...
, and at the time was viewed as a moderate consensus-builder. Ginsburg was the first Jewish woman and the second woman to serve on the Court, after
Sandra Day O'Connor
Sandra Day O'Connor (March 26, 1930 – December 1, 2023) was an American attorney, politician, and jurist who served as an associate justice of the Supreme Court of the United States from 1981 to 2006. Nominated by President Ronald Reagan, O' ...
. During her tenure, Ginsburg authored the majority opinions in cases such as ''
United States v. Virginia
''United States v. Virginia'', 518 U.S. 515 (1996), was a landmark case in which the Supreme Court of the United States struck down the long-standing male-only admission policy of the Virginia Military Institute (VMI) in a 7–1 decision. Just ...
Brooklyn
Brooklyn is a Boroughs of New York City, borough of New York City located at the westernmost end of Long Island in the New York (state), State of New York. Formerly an independent city, the borough is coextensive with Kings County, one of twelv ...
, New York. Just over a year later her older sister and only sibling, Marilyn, died of meningitis at the age of six. Her mother died shortly before she graduated from high school. She earned her bachelor's degree at
Cornell University
Cornell University is a Private university, private Ivy League research university based in Ithaca, New York, United States. The university was co-founded by American philanthropist Ezra Cornell and historian and educator Andrew Dickson W ...
and married Martin D. Ginsburg, becoming a mother before starting law school at Harvard, where she was one of the few women in her class. Ginsburg transferred to
Columbia Law School
Columbia Law School (CLS) is the Law school in the United States, law school of Columbia University, a Private university, private Ivy League university in New York City.
The school was founded in 1858 as the Columbia College Law School. The un ...
, where she graduated joint first in her class. During the early 1960s she worked with the Columbia Law School Project on International Procedure, learned Swedish, and co-authored a book with Swedish jurist Anders Bruzelius; her work in Sweden profoundly influenced her thinking on gender equality. She then became a professor at
Rutgers Law School
Rutgers Law School is the law school of Rutgers University, with classrooms in Newark and Camden, New Jersey. It is the largest public law school and the 10th largest law school, overall, in the United States. Each class in the three-year J.D. pr ...
and Columbia Law School, teaching civil procedure as one of the few women in her field and the first female member of the law faculty at Columbia to attain tenure.
Ginsburg spent much of her legal career as an advocate for
gender equality
Gender equality, also known as sexual equality, gender egalitarianism, or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making, an ...
and
women's rights
Women's rights are the rights and Entitlement (fair division), entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st c ...
, winning many arguments before the Supreme Court. She advocated as a volunteer attorney for the
American Civil Liberties Union
The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million.
T ...
and was a member of its board of directors and one of its general counsel in the 1970s. In 1980, President
Jimmy Carter
James Earl Carter Jr. (October 1, 1924December 29, 2024) was an American politician and humanitarian who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party ...
Sonia Sotomayor
Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
in 2009, she was the only female justice on the Supreme Court. During that time, Ginsburg became more forceful with her dissents, such as with '' Ledbetter v. Goodyear Tire & Rubber Co.''(2007).
Despite two bouts with cancer and public pleas from liberal law scholars, she decided not to retire in 2013 or 2014 when President
Barack Obama
Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
and a Democratic-controlled Senate could appoint and confirm her successor. Ginsburg died at her home in Washington, D.C., in September 2020, at the age of 87, from complications of
metastatic
Metastasis is a pathogenic agent's spreading from an initial or primary site to a different or secondary site within the host's body; the term is typically used when referring to metastasis by a cancerous tumor. The newly pathological sites, ...
pancreatic cancer
Pancreatic cancer arises when cell (biology), cells in the pancreas, a glandular organ behind the stomach, begin to multiply out of control and form a Neoplasm, mass. These cancerous cells have the malignant, ability to invade other parts of ...
. The vacancy created by her death was filled days later by
Amy Coney Barrett
Amy Vivian Coney Barrett (born January 28, 1972) is an American lawyer and jurist serving since 2020 as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. The fifth wom ...
. The result was one of three major rightward shifts in the Court since 1953, following the appointment of
Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American lawyer and jurist who has served since 1991 as an associate justice of the Supreme Court of the United States. President George H. W. Bush nominated him to succeed Thurgood Marshall. Afte ...
to replace
Thurgood Marshall
Thoroughgood "Thurgood" Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme C ...
in 1991 and the appointment of
Warren Burger
Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney who served as the 15th chief justice of the United States from 1969 to 1986.
Born in Saint Paul, Minnesota, Burger graduated from the St. Paul College of Law i ...
to replace
Earl Warren
Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney and politician who served as the 30th governor of California from 1943 to 1953 and as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presid ...
Brooklyn
Brooklyn is a Boroughs of New York City, borough of New York City located at the westernmost end of Long Island in the New York (state), State of New York. Formerly an independent city, the borough is coextensive with Kings County, one of twelv ...
borough of New York City, the second daughter of Celia (née Amster) and Nathan Bader, who lived in Brooklyn's
Flatbush
Flatbush is a neighborhood in the New York City Borough (New York City), borough of Brooklyn. The neighborhood consists of several subsections in central Brooklyn and is generally bounded by Prospect Park (Brooklyn), Prospect Park to the nort ...
neighborhood. Her father was a Jewish emigrant from
Odesa
Odesa, also spelled Odessa, is the third most populous List of cities in Ukraine, city and List of hromadas of Ukraine, municipality in Ukraine and a major seaport and transport hub located in the south-west of the country, on the northwestern ...
,
Ukraine
Ukraine is a country in Eastern Europe. It is the List of European countries by area, second-largest country in Europe after Russia, which Russia–Ukraine border, borders it to the east and northeast. Ukraine also borders Belarus to the nor ...
, at that time part of the
Russian Empire
The Russian Empire was an empire that spanned most of northern Eurasia from its establishment in November 1721 until the proclamation of the Russian Republic in September 1917. At its height in the late 19th century, it covered about , roughl ...
, and her mother was born in New York to Jewish parents who came from
Kraków
, officially the Royal Capital City of Kraków, is the List of cities and towns in Poland, second-largest and one of the oldest cities in Poland. Situated on the Vistula River in Lesser Poland Voivodeship, the city has a population of 804,237 ...
,
Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It extends from the Baltic Sea in the north to the Sudetes and Carpathian Mountains in the south, bordered by Lithuania and Russia to the northeast, Belarus and Ukrai ...
, at that time part of
Austria-Hungary
Austria-Hungary, also referred to as the Austro-Hungarian Empire, the Dual Monarchy or the Habsburg Monarchy, was a multi-national constitutional monarchy in Central Europe#Before World War I, Central Europe between 1867 and 1918. A military ...
. The Baders' elder daughter Marylin died of
meningitis
Meningitis is acute or chronic inflammation of the protective membranes covering the brain and spinal cord, collectively called the meninges. The most common symptoms are fever, intense headache, vomiting and neck stiffness and occasion ...
at age six. Joan, who was 14 months old when Marylin died, was known to the family as "Kiki", a nickname Marylin had given her for being "a kicky baby". When Joan started school, Celia discovered that her daughter's class had several other girls named Joan, so Celia suggested the teacher call her daughter by her second name, Ruth, to avoid confusion. Although not devout, the Bader family belonged to East Midwood Jewish Center, a
Conservative
Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...
synagogue, where Ruth learned tenets of the Jewish faith and gained familiarity with the
Hebrew language
Hebrew (; ''ʿÎbrit'') is a Northwest Semitic language within the Afroasiatic language family. A regional dialect of the Canaanite languages, it was natively spoken by the Israelites and remained in regular use as a first language unti ...
. Ruth was not allowed to have a bat mitzvah ceremony because of Orthodox restrictions on women reading from the Torah, which upset her. Starting as a camper from the age of four, she attended Camp Che-Na-Wah, a Jewish summer program at Lake Balfour near Minerva, New York, where she was later a camp counselor until the age of eighteen.
Celia took an active role in her daughter's education, often taking her to the library. Celia had been a good student in her youth, graduating from high school at age 15, yet she could not further her own education because her family instead chose to send her brother to college. Celia wanted her daughter to get more education, which she thought would allow Ruth to become a high school history teacher. Ruth attended James Madison High School, whose law program later dedicated a courtroom in her honor. Celia struggled with cancer throughout Ruth's high school years and died the day before Ruth's high school graduation.
Ruth Bader attended
Cornell University
Cornell University is a Private university, private Ivy League research university based in Ithaca, New York, United States. The university was co-founded by American philanthropist Ezra Cornell and historian and educator Andrew Dickson W ...
in
Ithaca, New York
Ithaca () is a city in and the county seat of Tompkins County, New York, United States. Situated on the southern shore of Cayuga Lake in the Finger Lakes region of New York (state), New York, Ithaca is the largest community in the Ithaca metrop ...
, where she was a member of Alpha Epsilon Phi sorority. While at Cornell, she met Martin D. Ginsburg at age 17. She graduated from Cornell with a
Bachelor of Arts
A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...
degree in government on June 23, 1954. While at Cornell, Bader studied under Russian-American novelist
Vladimir Nabokov
Vladimir Vladimirovich Nabokov ( ; 2 July 1977), also known by the pen name Vladimir Sirin (), was a Russian and American novelist, poet, translator, and entomologist. Born in Imperial Russia in 1899, Nabokov wrote his first nine novels in Rus ...
, and she later identified Nabokov as a major influence on her development as a writer. She was a member of
Phi Beta Kappa
The Phi Beta Kappa Society () is the oldest academic honor society in the United States. It was founded in 1776 at the College of William & Mary in Virginia. Phi Beta Kappa aims to promote and advocate excellence in the liberal arts and sciences, ...
and the highest-ranking female student in her graduating class. Bader married Ginsburg a month after her graduation from Cornell. The couple moved to
Fort Sill, Oklahoma
Fort Sill is a United States Army post north of Lawton, Oklahoma, about 85 miles (137 km) southwest of Oklahoma City. It covers almost .
The fort was first built during the Indian Wars. It is designated as a National Historic Landmark an ...
, where Martin Ginsburg, a
Reserve Officers' Training Corps
The Reserve Officers' Training Corps (ROTC; or ) is a group of college- and university-based officer-training programs for training commissioned officers of the United States Armed Forces.
While ROTC graduate officers serve in all branches o ...
graduate, was stationed as a called-up active duty
United States Army Reserve
The United States Army Reserve (USAR) is a Military reserve force, reserve force of the United States Army. Together, the Army Reserve and the Army National Guard constitute the Army element of the reserve components of the United States Armed ...
officer during the
Korean War
The Korean War (25 June 1950 – 27 July 1953) was an armed conflict on the Korean Peninsula fought between North Korea (Democratic People's Republic of Korea; DPRK) and South Korea (Republic of Korea; ROK) and their allies. North Korea was s ...
. At age 21, Ruth Bader Ginsburg worked for the
Social Security Administration
The United States Social Security Administration (SSA) is an Independent agencies of the United States government, independent agency of the Federal government of the United States, U.S. federal government that administers Social Security (United ...
office in Oklahoma, where she was demoted after becoming pregnant with her first child. She gave birth to a daughter in 1955.
In the fall of 1956, Ruth Bader Ginsburg enrolled at
Harvard Law School
Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
, where she was one of only 9 women in a class of about 500 men. The dean of Harvard Law,
Erwin Griswold
Erwin Nathaniel Griswold (; July 14, 1904 – November 19, 1994) was an American appellate attorney and legal scholar who argued many cases before the U.S. Supreme Court. Griswold served as Solicitor General of the United States (1967–1973) unde ...
, reportedly invited all the female law students to dinner at his family home and asked the female law students, including Ginsburg, "Why are you at Harvard Law School, taking the place of a man?" When her husband took a job in New York City, that same dean denied Ginsburg's request to complete her third year towards a Harvard law degree at
Columbia Law School
Columbia Law School (CLS) is the Law school in the United States, law school of Columbia University, a Private university, private Ivy League university in New York City.
The school was founded in 1858 as the Columbia College Law School. The un ...
, so Ginsburg transferred to Columbia and became the first woman to be on two major
law review
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide ...
s: the ''
Harvard Law Review
The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of ...
'' and ''
Columbia Law Review
The ''Columbia Law Review'' is a law review edited and published by students at Columbia Law School. The journal publishes scholarly articles, essays, and student notes.
It was established in 1901 by Joseph E. Corrigan and John M. Woolsey, who s ...
At the start of her legal career, Ginsburg encountered difficulty in finding employment. In 1960, Supreme Court Justice
Felix Frankfurter
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, advocating judicial restraint.
Born in Vienna, Frankfurter im ...
rejected Ginsburg for a clerkship because of her gender. He did so despite a strong recommendation from Albert Martin Sacks, who was a professor and later dean of Harvard Law School. Columbia law professor
law clerk
A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...
, threatening to never recommend another Columbia student to Palmieri if he did not give Ginsburg the opportunity and guaranteeing to provide the judge with a replacement clerk should Ginsburg not succeed. Later that year, Ginsburg began her clerkship for Judge Palmieri, and she held the position for two years.
Academia
From 1961 to 1963, Ginsburg was a research associate and then an associate director of the Columbia Law School Project on International Procedure, working alongside director Hans Smit; she learned Swedish to co-author a book with Anders Bruzelius on civil procedure in Sweden. Ginsburg conducted extensive research for her book at
Lund University
Lund University () is a Public university, public research university in Sweden and one of Northern Europe's oldest universities. The university is located in the city of Lund in the Swedish province of Scania. The university was officially foun ...
in Sweden. Ginsburg's time in Sweden and her association with the Swedish Bruzelius family of jurists also influenced her thinking on gender equality. She was inspired when she observed the changes in Sweden, where women were 20 to 25 percent of all law students; one of the judges whom Ginsburg observed for her research was eight months pregnant and still working. Bruzelius' daughter, Norwegian supreme court justice and president of the
Norwegian Association for Women's Rights
The Norwegian Association for Women's Rights (; NKF) is Norway's oldest and preeminent women's rights, women's and girls' rights organization that works "to promote gender equality and all women's and girls' human rights through political reform, ...
, Karin M. Bruzelius, herself a law student when Ginsburg worked with her father, said that "by getting close to my family, Ruth realized that one could live in a completely different way, that women could have a different lifestyle and legal position than what they had in the United States."
Ginsburg's first position as a professor was at
Rutgers Law School
Rutgers Law School is the law school of Rutgers University, with classrooms in Newark and Camden, New Jersey. It is the largest public law school and the 10th largest law school, overall, in the United States. Each class in the three-year J.D. pr ...
in 1963. She was paid less than her male colleagues because, she was told, "your husband has a very good job." At the time Ginsburg entered academia, she was one of fewer than twenty female law professors in the United States. She was a professor of law at Rutgers from 1963 to 1972, teaching mainly
civil procedure
Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or ca ...
and receiving tenure in 1969.
In 1970, she co-founded the ''
Women's Rights Law Reporter
The ''Women's Rights Law Reporter'' is a journal of legal scholarship published by an independent student group at Rutgers School of Law—Newark. The journal was originally founded by Anne Marie Boylan out of her apartment in Newark, New Jersey. ...
'', the first
law journal
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provi ...
in the U.S. to focus exclusively on women's rights. From 1972 to 1980, she taught at Columbia Law School, becoming its first
tenured
Tenure is a type of academic appointment that protects its holder from being fired or laid off except for cause, or under extraordinary circumstances such as financial exigency or program discontinuation. Academic tenure originated in the United ...
woman. At Columbia, she co-authored the first law school casebook on
sex discrimination
Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but primarily affects women and girls. It has been linked to gender roles and stereotypes, and may include the belief that one sex or gender is int ...
and taught the first legal seminar on sex discrimination. She also spent a year as a fellow of the
Center for Advanced Study in the Behavioral Sciences
The Center for Advanced Study in the Behavioral Sciences (CASBS) is an interdisciplinary research institution at Stanford University designed to advance the frontiers of knowledge about human behavior and society, and contribute to the resoluti ...
at
Stanford University
Leland Stanford Junior University, commonly referred to as Stanford University, is a Private university, private research university in Stanford, California, United States. It was founded in 1885 by railroad magnate Leland Stanford (the eighth ...
from 1977 to 1978.
Litigation and advocacy
In 1972, Ginsburg co-founded the Women's Rights Project at the
American Civil Liberties Union
The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million.
T ...
(ACLU), and in 1973, she became the Project's general counsel. The Women's Rights Project and related ACLU projects participated in more than 300 gender discrimination cases by 1974. As the director of the ACLU's Women's Rights Project, she argued six gender discrimination cases before the Supreme Court between 1973 and 1976, winning five. Rather than asking the Court to end all gender discrimination at once, Ginsburg charted a strategic course, taking aim at specific discriminatory statutes and building on each successive victory. She chose plaintiffs carefully, at times picking male plaintiffs to demonstrate that gender discrimination was harmful to both men and women. The laws Ginsburg targeted included those that on the surface appeared beneficial to women, but in fact reinforced the notion that women needed to be dependent on men. Her strategic advocacy extended to word choice, favoring the use of "gender" instead of "sex", after her secretary suggested the word "sex" would serve as a distraction to judges. She attained a reputation as a skilled oral advocate, and her work led directly to the end of gender discrimination in many areas of the law.
Ginsburg volunteered to write the brief for ''
Reed v. Reed
''Reed v. Reed'', 404 U.S. 71 (1971), was a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States holding that the administrators of Estate (law), estates cannot be named in a way that d ...
'', , in which the Supreme Court extended the protections of the
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...
of the Fourteenth Amendment to women. In 1972, she argued before the 10th Circuit in '' Moritz v. Commissioner'' on behalf of a man who had been denied a caregiver deduction because of his gender. As ''amicus'' she argued in '' Frontiero v. Richardson'', , which challenged a statute making it more difficult for a female service member (Frontiero) to claim an increased housing allowance for her husband than for a male service member seeking the same allowance for his wife. Ginsburg argued that the statute treated women as inferior, and the Supreme Court ruled 8–1 in Frontiero's favor. The court again ruled in Ginsburg's favor in '' Weinberger v. Wiesenfeld'', , where Ginsburg represented a widower denied survivor benefits under Social Security, which permitted widows but not widowers to collect special benefits while caring for minor children. She argued that the statute discriminated against male survivors of workers by denying them the same protection as their female counterparts.
In 1973, the same year ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a List of landmark court decisions in the United States, landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protected the right to have an ...
'' was decided, Ginsburg filed a federal case to challenge involuntary sterilization, suing members of the Eugenics Board of North Carolina on behalf of Nial Ruth Cox, a mother who had been coercively sterilized under North Carolina's Sterilization of Persons Mentally Defective program on penalty of her family losing welfare benefits. During a 2009 interview with Emily Bazelon of ''
The New York Times
''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'', Ginsburg stated: "I had thought that at the time ''Roe'' was decided, there was concern about population growth and particularly growth in populations that we don't want to have too many of." Bazelon conducted a follow-up interview with Ginsburg in 2012 at a joint appearance at
Yale University
Yale University is a Private university, private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the List of Colonial Colleges, third-oldest institution of higher education in the United Stat ...
, where Ginsburg claimed her 2009 quote was vastly misinterpreted and clarified her stance.
Ginsburg filed an
amicus brief
An amicus curiae (; ) is an individual or organization that is not a party to a legal case, but that is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. Whether an ''amic ...
and sat with counsel at oral argument for '' Craig v. Boren'', , which challenged an Oklahoma statute that set different minimum drinking ages for men and women. For the first time, the court imposed what is known as
intermediate scrutiny
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous).
In order ...
on laws discriminating based on gender, a heightened standard of Constitutional review. Her last case as an attorney before the Supreme Court was '' Duren v. Missouri'', , which challenged the validity of voluntary
jury duty
Jury duty or jury service is a Civil service, service as a juror in a legal proceeding. Different countries have different approaches to juries: variations include the kinds of cases tried before a jury, how many jurors hear a trial, and whether th ...
for women, on the ground that participation in jury duty was a citizen's vital governmental service and therefore should not be optional for women. At the end of Ginsburg's oral argument, then-Associate Justice
William Rehnquist
William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American attorney who served as the 16th chief justice of the United States from 1986 until his death in 2005, having previously been an associate justice from 1972 to 1986. ...
The Washington Post
''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
''. Retrieved August 24, 2009. Ginsburg said she considered responding, "We won't settle for tokens," but instead opted not to answer the question.
Legal scholars and advocates credit Ginsburg's body of work with making significant legal advances for women under the Equal Protection Clause of the Constitution. Taken together, Ginsburg's legal victories discouraged legislatures from treating women and men differently under the law. She continued to work on the ACLU's Women's Rights Project until her appointment to the Federal Bench in 1980. Later, colleague
Antonin Scalia
Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual an ...
praised Ginsburg's skills as an advocate. "She became the leading (and very successful) litigator on behalf of women's rights—the
Thurgood Marshall
Thoroughgood "Thurgood" Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme C ...
of that cause, so to speak." This was a comparison that had first been made by former solicitor general Erwin Griswold who was also her former professor and dean at Harvard Law School, in a speech given in 1985.
U.S. Court of Appeals
In light of the mounting backlog in the federal judiciary, Congress passed the Omnibus Judgeship Act of 1978 increasing the number of federal judges by 117 in district courts and another 35 to be added to the circuit courts. The law placed an emphasis on ensuring that the judges included women and minority groups, a matter that was important to President
Jimmy Carter
James Earl Carter Jr. (October 1, 1924December 29, 2024) was an American politician and humanitarian who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party ...
who had been elected two years before. The bill also required that the nomination process consider the character and experience of the candidates. Ginsburg was considering a change in career as soon as Carter was elected. She was interviewed by the Department of Justice to become
Solicitor General
A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...
, the position she most desired, but knew that she and the African-American candidate who was interviewed the same day had little chance of being appointed by Attorney General Griffin Bell.
At the time, Ginsburg was a fellow at Stanford University where she was working on a written account of her work in litigation and advocacy for equal rights. Her husband was a visiting professor at
Stanford Law School
Stanford Law School (SLS) is the Law school in the United States, law school of Stanford University, a Private university, private research university near Palo Alto, California. Established in 1893, Stanford Law had an acceptance rate of 6.28% i ...
and was ready to leave his firm, Weil, Gotshal & Manges, for a tenured position. He was at the same time working hard to promote a possible judgeship for his wife. In January 1979, she filled out the questionnaire for possible nominees to the U.S. Court of Appeals for the
Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York, and Vermont, and it has appellate jurisdic ...
, and another for the District of Columbia Circuit. Ginsburg was nominated by President Carter on April 14, 1980, to a seat on the DC Circuit vacated by Judge Harold Leventhal upon his death. She was confirmed by the
United States Senate
The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
on June 18, 1980, and received her commission later that day.
During her time as a judge on the DC Circuit, Ginsburg often found consensus with her colleagues including conservatives
Robert H. Bork
Robert Heron Bork (March 1, 1927 – December 19, 2012) was an American legal scholar who served as Solicitor General of the United States, solicitor general of the United States from 1973 until 1977. A professor by training, he was acting United ...
and Antonin Scalia. Her time on the court earned her a reputation as a "cautious jurist" and a moderate. Her service ended on August 9, 1993, due to her elevation to the United States Supreme Court, and she was replaced by Judge David S. Tatel.
Supreme Court
Nomination and confirmation
President
Bill Clinton
William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
Byron White
Byron Raymond "Whizzer" White (June 8, 1917 – April 15, 2002) was an American lawyer, jurist, and professional American football, football player who served as an Associate Justice of the U.S. Supreme Court, associate justice of the Supreme ...
. She was recommended to Clinton by then–U.S.
attorney general
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
Janet Reno
Janet Wood Reno (July 21, 1938 – November 7, 2016) was an American lawyer and public official who served as the 78th United States Attorney General, United States attorney general from 1993 to 2001 under President Bill Clinton. A member of ...
, after a suggestion by Utah Republican senator
Orrin Hatch
Orrin Grant Hatch (March 22, 1934 – April 23, 2022) was an American attorney and politician who served as a United States senator from Utah from 1977 to 2019. Hatch's 42-year Senate tenure made him the longest-serving Republican U.S. senat ...
. At the time of her nomination, Ginsburg was viewed as having been a moderate and a consensus-builder in her time on the appeals court. Clinton was reportedly looking to increase the Court's diversity, which Ginsburg did as the first Jewish justice since the 1969 resignation of Justice
Abe Fortas
Abraham Fortas (June 19, 1910 – April 5, 1982) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1965 to 1969. Born and raised in Memphis, Tennessee, Fortas graduated from Rho ...
. She was the second female and the first Jewish female justice of the Supreme Court. She eventually became the longest-serving Jewish justice. The
American Bar Association
The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...
Senate Judiciary Committee
The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
as part of the confirmation hearings, Ginsburg refused to answer questions about her view on the constitutionality of some issues such as the
death penalty
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
as it was an issue she might have to vote on if it came before the Court.
At the same time, Ginsburg did answer questions about some potentially controversial issues. For instance, she affirmed her belief in a constitutional right to privacy and explained at some length her personal judicial philosophy and thoughts regarding gender equality. Ginsburg was more forthright in discussing her views on topics about which she had previously written. The United States Senate confirmed her by a 96–3 vote on August 3, 1993. She received her commission on August 5, 1993 and took her judicial oath on August 10, 1993.
Ginsburg's name was later invoked during the confirmation process of
John Roberts
John Glover Roberts Jr. (born January 27, 1955) is an American jurist serving since 2005 as the 17th chief justice of the United States. He has been described as having a Moderate conservatism, moderate conservative judicial philosophy, thoug ...
. Ginsburg was not the first nominee to avoid answering certain specific questions before Congress, and as a young attorney in 1981 Roberts had advised against Supreme Court nominees' giving specific responses. Nevertheless, some conservative commentators and senators invoked the phrase "Ginsburg precedent" to defend his
demurrer
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word ''demur'' means "to object"; a ''demurrer'' is the document that makes the objection. Lawyers informally define a demurrer as a ...
s. In a September 28, 2005, speech at
Wake Forest University
Wake Forest University (WFU) is a private research university in Winston-Salem, North Carolina, United States. Founded in 1834, the university received its name from its original location in Wake Forest, north of Raleigh, North Carolina. The R ...
, Ginsburg said Roberts's refusal to answer questions during his Senate confirmation hearings on some cases was "unquestionably right".
Supreme Court tenure
Ginsburg characterized her performance on the Court as a cautious approach to adjudication. She argued in a speech shortly before her nomination to the Court that " asured motions seem to me right, in the main, for constitutional as well as common law adjudication. Doctrinal limbs too swiftly shaped, experience teaches, may prove unstable." Legal scholar
Cass Sunstein
Cass Robert Sunstein (born September 21, 1954) is an American legal scholar known for his work in U.S. constitutional law, administrative law, environmental law, and behavioral economics. He is also ''The New York Times'' best-selling author of ...
characterized Ginsburg as a "rational minimalist", a jurist who seeks to build cautiously on precedent rather than pushing the Constitution towards her own vision.
The retirement of Justice
Sandra Day O'Connor
Sandra Day O'Connor (March 26, 1930 – December 1, 2023) was an American attorney, politician, and jurist who served as an associate justice of the Supreme Court of the United States from 1981 to 2006. Nominated by President Ronald Reagan, O' ...
in 2006 left Ginsburg as the only woman on the Court. Linda Greenhouse of ''The New York Times'' referred to the subsequent 2006–2007 term of the Court as "the time when Justice Ruth Bader Ginsburg found her voice, and used it". The term also marked the first time in Ginsburg's history with the Court where she read multiple dissents from the bench, a tactic employed to signal more intense disagreement with the majority.
With the retirement of Justice
John Paul Stevens
John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
, Ginsburg became the senior member of what was sometimes referred to as the Court's "liberal wing". When the Court split 5–4 along ideological lines and the liberal justices were in the minority, Ginsburg often had the authority to assign authorship of the
dissenting opinion
A dissenting opinion (or dissent) is an Legal opinion, opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.
Dissenting opi ...
because of her seniority. Ginsburg was a proponent of the liberal dissenters speaking "with one voice" and, where practicable, presenting a unified approach to which all the dissenting justices can agree.
During Ginsburg's entire Supreme Court tenure from 1993 to 2020, she only hired one African-American clerk ( Paul J. Watford). During her 13 years on the
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals, ...
, she never hired an African-American clerk, intern, or secretary. The lack of diversity was briefly an issue during her 1993 confirmation hearing. When this issue was raised by the Senate Judiciary Committee, Ginsburg stated that "If you confirm me for this job, my attractiveness to black candidates is going to improve." This issue received renewed attention after more than a hundred of her former legal clerks served as pallbearers during her funeral.
Gender discrimination
Ginsburg authored the Court's opinion in ''
United States v. Virginia
''United States v. Virginia'', 518 U.S. 515 (1996), was a landmark case in which the Supreme Court of the United States struck down the long-standing male-only admission policy of the Virginia Military Institute (VMI) in a 7–1 decision. Just ...
'', , which struck down the
Virginia Military Institute
The Virginia Military Institute (VMI) is a public senior military college in Lexington, Virginia, United States. It was founded in 1839 as America's first state military college and is the oldest public senior military college in the U.S. In k ...
's (VMI) male-only admissions policy as violating the Equal Protection Clause of the Fourteenth Amendment. For Ginsburg, a state actor could not use gender to deny women equal protection; therefore VMI must allow women the opportunity to attend VMI with its unique educational methods. Ginsburg emphasized that the government must show an "exceedingly persuasive justification" to use a classification based on sex. VMI proposed a separate institute for women, but Ginsburg found this solution reminiscent of the effort by Texas decades earlier to preserve the University of Texas Law School for Whites by establishing a separate school for Blacks.
Ginsburg dissented in the Court's decision on '' Ledbetter v. Goodyear'', , in which plaintiff Lilly Ledbetter sued her employer, claiming pay discrimination based on her gender, in violation of TitleVII of the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
. In a 5–4 decision, the majority interpreted the
statute of limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In ...
as starting to run at the time of every pay period, even if a woman did not know she was being paid less than her male colleague until later. Ginsburg found the result absurd, pointing out that women often do not know they are being paid less, and therefore it was unfair to expect them to act at the time of each paycheck. She also called attention to the reluctance women may have in male-dominated fields to making waves by filing lawsuits over small amounts, choosing instead to wait until the disparity accumulates. As part of her dissent, Ginsburg called on Congress to amend TitleVII to undo the Court's decision with legislation. Following the election of President
Barack Obama
Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
in 2008, the Lilly Ledbetter Fair Pay Act, making it easier for employees to win pay discrimination claims, became law. Ginsburg was credited with helping to inspire the law.
Abortion rights
Ginsburg discussed her views on abortion and gender equality in a 2009 ''New York Times'' interview, in which she said, " e basic thing is that the government has no business making that choice for a woman." Although Ginsburg consistently supported
abortion rights
Abortion-rights movements, also self-styled as pro-choice movements, are movements that advocate for legal access to induced abortion services, including elective abortion. They seek to represent and support women who wish to terminate their p ...
and joined in the Court's opinion striking down Nebraska's partial-birth abortion law in '' Stenberg v. Carhart'', , on the 40th anniversary of the Court's ruling in ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a List of landmark court decisions in the United States, landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protected the right to have an ...
'', , she criticized the decision in ''Roe'' as terminating a nascent democratic movement to liberalize abortion laws which might have built a more durable consensus in support of abortion rights.
Ginsburg was in the minority for '' Gonzales v. Carhart'', , a 5–4 decision upholding restrictions on partial birth abortion. In her dissent, Ginsburg opposed the majority's decision to defer to legislative findings that the procedure was not safe for women. Ginsburg focused her ire on the way Congress reached its findings and with their veracity. Joining the majority for '' Whole Woman's Health v. Hellerstedt'', , a case which struck down parts of a 2013 Texas law regulating abortion providers, Ginsburg also authored a short concurring opinion which was even more critical of the legislation at issue. She asserted the legislation was not aimed at protecting women's health, as Texas had said, but rather to impede women's access to abortions.
Religious Freedom
On May 31, 2005, Ginsburg wrote the majority opinion in Cutter v. Wilkinson that facilities utilizing federal funds cannot deny prisoners accommodations necessary for the practice of their religious beliefs. In doing so, Ginsburg held that RLUIPA was a valid accommodation permitted by the First Amendment's
Establishment Clause
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The ''Establishment Clause'' an ...
. In addition, Ginsburg acknowledged that the free exercise of religion encompasses both belief and action but noted that accommodation of a religious belief did not predispose equal accommodation for a non-secular preference.
On June 28, 2010, Ginsburg wrote the majority opinion in Christian Legal Society v. Martinez relating to a campus policy of acceptance of all students, regardless of status or belief, in becoming an officially recognized student group. Ginsburg ruled that a religious-based group stood at odds with an "all-comers" campus policy by singling out a religious group for exclusion in a manner at odds with the "limited public forum" of the campus. Such a public forum was thus legally obligated to provide equal access via open membership and was determined to not be required to officially recognize a student group at odds with it.
Search and seizure
On June 27, 2002, Ginsburg dissented in '' Board of Education v. Earls'' which permitted schools to enact mandatory
drug testing
A drug test (also often toxicology screen or tox screen) is a technical analysis of a biological specimen, for example urine, hair, blood, breath, sweat, or oral fluid/saliva—to determine the presence or absence of specified parent drugs o ...
on students partaking in
extracurricular activities
An extracurricular activity (ECA) or extra academic activity (EAA) or cultural activity is an activity, performed by students, that falls outside the realm of the normal curriculum of school, college or university education. Although approved ...
. In her dissent, Ginsburg criticized the application of such a policy when the district had failed to identify either a significant drug risk among the students or in the school. In doing so, Ginsburg contrasted the case with '' Vernonia School District v. Acton'' which had permitted drug testing due to 'special needs' of athlete participation, acknowledging her prior agreement with the verdict but stating that such an opinion "cannot be read to endorse invasive and suspicionless drug testing of all students".
Although Ginsburg did not author the majority opinion, she was credited with influencing her colleagues on '' Safford Unified School District v. Redding'', , which held that a school went too far in ordering a 13-year-old female student to strip to her bra and underpants so female officials could search for drugs. In an interview published prior to the Court's decision, Ginsburg shared her view that some of her colleagues did not fully appreciate the effect of a strip search on a 13-year-old girl. As she said, "They have never been a 13-year-old girl." In an 8–1 decision, the Court agreed that the school's search violated the Fourth Amendment and allowed the student's lawsuit against the school to go forward. Only Ginsburg and Stevens would have allowed the student to sue individual school officials as well.
In '' Herring v. United States'', , Ginsburg dissented from the Court's decision not to suppress evidence due to a police officer's failure to update a computer system. In contrast to Roberts's emphasis on suppression as a means to deter police misconduct, Ginsburg took a more robust view on the use of suppression as a remedy for a violation of a defendant's Fourth Amendment rights. Ginsburg viewed suppression as a way to prevent the government from profiting from mistakes, and therefore as a remedy to preserve judicial integrity and respect civil rights. She also rejected Roberts's assertion that suppression would not deter mistakes, contending making police pay a high price for mistakes would encourage them to take greater care.
On January 26, 2009, Ginsburg wrote for a unanimous court in '' Arizona v. Johnson'' that a police officer may pat down an individual at a
traffic stop
A traffic stop, colloquially referred to as being pulled over, is a temporary Detention (imprisonment), detention of a driver of a vehicle and its occupants by police to Criminal investigation, investigate a possible crime or minor violation o ...
provided reasonable suspicion by the officer the individual was armed and dangerous. In her opinion, Ginsburg concluded that the "combined thrust" of past opinions such as '' Terry v. Ohio'' and '' Pennsylvania v. Mimms'' provided officers the authority to conduct such a search provided reasonable suspicion of danger by the individual. Additionally, Ginsburg noted that comments made by the officer unrelated to the traffic stop "do not convert the encounter into something other than a lawful seizure, so long as those inquiries do not measurably extend the duration of the stop".
On April 21, 2015, Ginsburg authored the majority opinion in '' Rodriguez v. United States'' stating that an officer may not extend the length of a standard traffic stop to conduct a search with a detection dog. In her opinion, Ginsburg stated that the use of a detection dog or any action not related to the initial traffic stop could not be used in suspicion of a separate crime. Ginsburg additionally contended that such an action would only be permissible by the officer provided the officer had "independently supported reasonable suspicion" that a separate crime had occurred at the time of the initial traffic violation and that the action taken would not add additional time to the traffic stop.
International law
Ginsburg advocated the use of foreign law and norms to shape U.S. law in judicial opinions, a view rejected by some of her conservative colleagues. Ginsburg supported using foreign interpretations of law for persuasive value and possible wisdom, not as binding precedent. Ginsburg expressed the view that consulting international law is a well-ingrained tradition in American law, counting
John Henry Wigmore
John Henry Wigmore (1863–1943) was an American lawyer and legal scholar known for his expertise in the law of evidence and for his influential scholarship. Wigmore taught law at Keio University in Tokyo (1889–1892) before becoming the firs ...
and President
John Adams
John Adams (October 30, 1735 – July 4, 1826) was a Founding Fathers of the United States, Founding Father and the second president of the United States from 1797 to 1801. Before Presidency of John Adams, his presidency, he was a leader of ...
as internationalists. Ginsburg's own reliance on international law dated back to her time as an attorney; in her first argument before the Court, ''Reed v. Reed'', 404 U.S. 71 (1971), she cited two German cases. In her concurring opinion in '' Grutter v. Bollinger'', 539 U.S. 306 (2003), a decision upholding Michigan Law School's affirmative action admissions policy, Ginsburg noted there was accord between the notion that
affirmative action
Affirmative action (also sometimes called reservations, alternative access, positive discrimination or positive action in various countries' laws and policies) refers to a set of policies and practices within a government or organization seeking ...
admissions policies would have an end point and agrees with international treaties designed to combat racial and gender-based discrimination.
Voting rights and affirmative action
In 2013, Ginsburg dissented in '' Shelby County v. Holder'', in which the Court held unconstitutional the part of the
Voting Rights Act of 1965
The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights move ...
requiring federal preclearance before changing voting practices. Ginsburg wrote, "Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet."
Besides ''Grutter'', Ginsburg wrote in favor of affirmative action in her dissent in '' Gratz v. Bollinger'' (2003), in which the Court ruled an affirmative action policy unconstitutional because it was not narrowly tailored to the state's interest in diversity. She argued that "government decisionmakers may properly distinguish between policies of exclusion and inclusion...Actions designed to burden groups long denied full citizenship stature are not sensibly ranked with measures taken to hasten the day when entrenched discrimination and its after effects have been extirpated."
Native Americans
In 1997, Ginsburg wrote the majority opinion in '' Strate v. A-1 Contractors'' against tribal jurisdiction over tribal-owned land in a reservation. The case involved a nonmember who caused a car crash in the
Mandan, Hidatsa, and Arikara Nation
The Mandan, Hidatsa, and Arikara Nation (MHA Nation), also known as the Three Affiliated Tribes (Mandan language, Mandan: ''Miiti Naamni''; Hidatsa language, Hidatsa: ''Awadi Aguraawi''; Arikara language, Arikara: ''ačitaanu' táWIt''), is a fede ...
. Ginsburg reasoned that the state right-of-way on which the crash occurred rendered the tribal-owned land equivalent to non-Indian land. She then considered the rule set in '' Montana v. United States'', which allows tribes to regulate the activities of nonmembers who have a relationship with the tribe. Ginsburg noted that the driver's employer did have a relationship with the tribe, but she reasoned that the tribe could not regulate their activities because the victim had no relationship to the tribe. Ginsburg concluded that although "those who drive carelessly on a public highway running through a reservation endanger all in the vicinity, and surely jeopardize the safety of tribal members", having a nonmember go before an "unfamiliar court" was "not crucial to the political integrity, the economic security, or the health or welfare of the Three Affiliated Tribes" (internal quotations and brackets omitted). The decision, by a unanimous Court, was generally criticized by scholars of Indian law, such as David Getches and Frank Pommersheim.
Later in 2005, Ginsburg cited the doctrine of discovery in the majority opinion of '' City of Sherrill v. Oneida Indian Nation of New York'' and concluded that the Oneida Indian Nation could not revive its ancient sovereignty over its historic land. The discovery doctrine has been used to grant ownership of Native American lands to colonial governments. The Oneida had lived in towns, grew extensive crops, and maintained trade routes to the Gulf of Mexico. In her opinion for the Court, Ginsburg reasoned that the historic Oneida land had been "converted from wilderness" ever since it was dislodged from the Oneidas' possession. She also reasoned that "the longstanding, distinctly non-Indian character of the area and its inhabitants" and "the regulatory authority constantly exercised by New York State and its counties and towns" justified the ruling. Ginsburg also invoked,
sua sponte
In law, ''sua sponte'' (Latin: "of his, her, its, or their own accord") or ''suo motu/suo moto'' ("on its own motion") describes an act of authority taken without formal prompting by another party. The term is usually applied to actions taken by a ...
, the doctrine of laches, reasoning that the Oneidas took a "long delay in seeking judicial relief". She also reasoned that the dispossession of the Oneidas' land was "ancient". Lower courts later relied on ''Sherrill'' as precedent to extinguish Native American land claims, including in '' Cayuga Indian Nation of New York v. Pataki''.
Less than a year after ''Sherrill'', Ginsburg offered a starkly contrasting approach to Native American law. In December 2005, Ginsburg dissented in '' Wagnon v. Prairie Band Potawatomi Nation'', arguing that a state tax on fuel sold to
Potawatomi
The Potawatomi (), also spelled Pottawatomi and Pottawatomie (among many variations), are a Native American tribe of the Great Plains, upper Mississippi River, and western Great Lakes region. They traditionally speak the Potawatomi language, ...
retailers would impermissibly nullify the Prairie Band Potawatomi Nation's own tax authority. In 2008, when Ginsburg's precedent in ''Strate'' was used in '' Plains Commerce Bank v. Long Family Land & Cattle Co.'', she dissented in part and argued that the tribal court of the Cheyenne River Lakota Nation had jurisdiction over the case. In 2020, Ginsburg joined the ruling of '' McGirt v. Oklahoma'', which affirmed Native American jurisdictions over reservations in much of Oklahoma.
Other majority opinions
In 1999, Ginsburg wrote the majority opinion in '' Olmstead v. L.C.,'' in which the Court ruled that mental illness is a form of disability covered under the
Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, ...
.
In 2000, Ginsburg wrote the majority opinion in '' Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.'', in which the Court held that residents have standing to seek fines for an industrial polluter that affected their interests and that is able to continue doing so.
Decision not to retire under Obama
When John Paul Stevens retired in 2010, Ginsburg became the oldest justice on the court at age 77. Despite rumors that she would retire because of advancing age, poor health, and the death of her husband, she denied she was planning to step down. In an interview in August 2010, Ginsburg said her work on the Court was helping her cope with the death of her husband. She also expressed a wish to emulate Justice
Louis Brandeis
Louis Dembitz Brandeis ( ; November 13, 1856 – October 5, 1941) was an American lawyer who served as an Associate Justice of the Supreme Court of the United States, associate justice on the Supreme Court of the United States from 1916 to ...
's service of nearly 23years, which she achieved in April 2016.
Several times during the
presidency of Barack Obama
Barack Obama's tenure as the 44th president of the United States began with his first inauguration on January 20, 2009, and ended on January 20, 2017. Obama, a Democrat from Illinois, took office following his victory over Republican nomine ...
, progressive attorneys and activists called for Ginsburg to retire so that Obama could appoint a like-minded successor, particularly while the Democratic Party held control of the U.S. Senate. Ginsburg reaffirmed her wish to remain a justice as long as she was mentally sharp enough to perform her duties. In 2013, Obama met with her in the White House to point out that Democrats might soon lose control of the Senate and nudge her toward stepping down, but she again refused. She opined that Republicans would use the judicial filibuster to prevent Obama from appointing a jurist like herself. She stated that she had a new model to emulate in her former colleague, Justice John Paul Stevens, who retired at the age of 90 after nearly 35 years on the bench.Biskupic, Joan Exclusive: Supreme Court's Ginsburg vows to resist pressure to retire ,
Reuters
Reuters ( ) is a news agency owned by Thomson Reuters. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide writing in 16 languages. Reuters is one of the largest news agencies in the world.
The agency ...
Hillary Clinton
Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, lawyer and diplomat. She was the 67th United States secretary of state in the administration of Barack Obama from 2009 to 2013, a U.S. senator represent ...
to beat candidate
Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...
before retiring, as Ginsburg's successor could be nominated by the first female president and Ginsburg also believed that Clinton would nominate a more liberal successor than Obama would. Hirshman even suggested that Ginsburg would have wanted to remain on the court long enough so that Justice Antonin Scalia would be replaced by a liberal; with five liberal justices then Ginsburg would have been the senior liberal in the majority and able to assign all the liberal decisions. After Trump's victory in 2016 and the election of a Republican Senate, she would have had to wait until at least 2021 for a Democrat to be president, but died in office in September 2020 at age 87. In 35 days, Trump and the Republican-controlled Senate led by
Mitch McConnell
Addison Mitchell McConnell III (; born February 20, 1942) is an American politician and attorney serving as the senior United States senator from Kentucky, a seat he has held since 1985. McConnell is in his seventh Senate term and is the long ...
managed to nominate and confirm the conservative
Amy Coney Barrett
Amy Vivian Coney Barrett (born January 28, 1972) is an American lawyer and jurist serving since 2020 as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. The fifth wom ...
Joe Biden
Joseph Robinette Biden Jr. (born November 20, 1942) is an American politician who was the 46th president of the United States from 2021 to 2025. A member of the Democratic Party (United States), Democratic Party, he served as the 47th vice p ...
.
Other activities
At his request, Ginsburg administered the
oath of office
An oath of office is an oath or affirmation a person takes before assuming the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations. Suc ...
to Vice President
Al Gore
Albert Arnold Gore Jr. (born March 31, 1948) is an American former politician, businessman, and environmentalist who served as the 45th vice president of the United States from 1993 to 2001 under President Bill Clinton. He previously served as ...
for a second term during the second inauguration of Bill Clinton on January 20, 1997. She was the third woman to administer an inaugural oath of office. Ginsburg is believed to have been the first Supreme Court justice to officiate at a same-sex wedding, performing the August 31, 2013, ceremony of
Kennedy Center
The John F. Kennedy Memorial Center for the Performing Arts, commonly known as the Kennedy Center, is the national cultural center of the United States, located on the eastern bank of the Potomac River in Washington, D.C. Opened on September 8, ...
president Michael Kaiser and John Roberts, a government economist. Earlier that summer, the Court had bolstered same-sex marriage rights in two separate cases. Ginsburg believed the issue being settled led same-sex couples to ask her to officiate as there was no longer the fear of compromising rulings on the issue.
The Supreme Court bar formerly inscribed its certificates " in the year of our Lord", which some
Orthodox Jews
Orthodox Judaism is a collective term for the traditionalist branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as literally revealed by God on Mount Sinai and faithfully tr ...
opposed, and asked Ginsburg to object to. She did so, and due to her objection, Supreme Court bar members have since been given other choices of how to inscribe the year on their certificates.
Despite their ideological differences, Ginsburg considered Antonin Scalia her closest colleague on the Court. The two justices often dined together and attended the opera. In addition to befriending modern composers, including
Tobias Picker
Tobias Picker (born July 18, 1954) is an American composer, pianist, and Conductor (music), conductor, noted for his orchestral works ''Old and Lost Rivers'', ''Keys To The City (orchestral work), Keys To The City'', and ''The Encantadas (orches ...
, in her spare time, Ginsburg appeared in several operas in non-speaking supernumerary roles such as ''
Die Fledermaus
' (, ''The Bat'', sometimes called ''The Revenge of the Bat'') is an operetta composed by Johann Strauss II to a German libretto by Karl Haffner and Richard Genée, which premiered in 1874.
Background
The original literary source for ' was ...
'' (2003) and '' Ariadne auf Naxos'' (1994 and 2009 with Scalia), and spoke lines penned by herself in '' The Daughter of the Regiment'' (2016).
In January 2012, Ginsburg went to Egypt for four days of discussions with judges, law school faculty, law school students, and legal experts. In an interview with Al Hayat TV, she said the first requirement of a new constitution should be that it would "safeguard basic fundamental human rights like our
First Amendment
First most commonly refers to:
* First, the ordinal form of the number 1
First or 1st may also refer to:
Acronyms
* Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array
* Far Infrared a ...
". Asked if Egypt should model its new constitution on those of other nations, she said Egypt should be "aided by all Constitution-writing that has gone on since the end of World WarII", and cited the United States Constitution and
Constitution of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the human rights and duties of its citizens, and defines the structure of t ...
as documents she might look to if drafting a new constitution. She said the U.S. was fortunate to have a constitution authored by "very wise" men but said that in the 1780s, no women were able to participate directly in the process, and slavery still existed in the U.S.
During three interviews in July 2016, Ginsburg criticized presumptive Republican presidential nominee Donald Trump, telling ''The New York Times'' and the
Associated Press
The Associated Press (AP) is an American not-for-profit organization, not-for-profit news agency headquartered in New York City.
Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are dist ...
that she did not want to think about the possibility of a Trump presidency. She joked that she might consider moving to New Zealand. She later apologized for commenting on the presumptive Republican nominee, calling her remarks "ill advised".
Ginsburg's first book, '' My Own Words'', was published by
Simon & Schuster
Simon & Schuster LLC (, ) is an American publishing house owned by Kohlberg Kravis Roberts since 2023. It was founded in New York City in 1924, by Richard L. Simon and M. Lincoln Schuster. Along with Penguin Random House, Hachette Book Group US ...
on October 4, 2016. The book debuted on The ''New York Times'' Best Seller List for hardcover nonfiction at No.12. While promoting her book in October 2016 during an interview with Katie Couric, Ginsburg responded to a question about
Colin Kaepernick
Colin Rand Kaepernick ( ; born November 3, 1987) is an American civil rights activist and former professional football quarterback. He played six seasons for the San Francisco 49ers in the National Football League (NFL). In 2016, he gained na ...
choosing not to stand for the
national anthem
A national anthem is a patriotic musical composition symbolizing and evoking eulogies of the history and traditions of a country or nation. The majority of national anthems are marches or hymns in style. American, Central Asian, and European ...
at sporting events by calling the protest "really dumb". She later apologized for her criticism calling her earlier comments "inappropriately dismissive and harsh" and noting she had not been familiar with the incident and should have declined to respond to the question. In 2021, Couric revealed that she had edited out some statements by Ginsburg in their interview; Ginsburg said that athletes who protested by not standing were showing "contempt for a government that has made it possible for their parents and grandparents to live a decent life... which they probably could not have lived in the places they came from."
In 2017, Ginsburg gave the keynote address to a Georgetown University symposium on governmental reform. She spoke on the need for improving the confirmation process, "recall ngthe 'collegiality' and 'civility' of her own nomination and confirmation..."
In 2018, Ginsburg expressed her support for the
MeToo movement
#MeToo is a social movement and Consciousness raising, awareness campaign against sexual abuse, sexual harassment and rape culture, in which women publicize their experiences of sexual abuse or sexual harassment. The phrase "Me Too" was init ...
, which encourages women to speak up about their experiences with
sexual harassment
Sexual harassment is a type of harassment based on the sex or gender of a victim. It can involve offensive sexist or sexual behavior, verbal or physical actions, up to bribery, coercion, and assault. Harassment may be explicit or implicit, wit ...
. She told an audience, "It's about time. For so long women were silent, thinking there was nothing you could do about it, but now the law is on the side of women, or men, who encounter harassment and that's a good thing." She also reflected on her own experiences with gender discrimination and sexual harassment, including a time when a chemistry professor at Cornell unsuccessfully attempted to trade her exam answers for sex.
Personal life
A few days after Ruth Bader graduated from Cornell, she married Martin D. Ginsburg, who later became an internationally prominent tax attorney practicing at Weil, Gotshal & Manges. Upon Ruth Bader Ginsburg's accession to the D.C. Circuit, the couple moved from New York City to Washington, D.C., where Martin became a professor of law at
Georgetown University Law Center
Georgetown University Law Center is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C., United States. It was established in 1870 and is the largest law ...
. The couple's daughter, Jane C. Ginsburg (born 1955), is a professor at Columbia Law School. Their son, James Steven Ginsburg (born 1965), is the founder and president of Cedille Records, a classical music recording company based in Chicago, Illinois. Martin and Ruth had four grandchildren.
After the birth of their daughter, Martin was diagnosed with
testicular cancer
Testicular cancer is cancer that develops in the testicles, a part of the male reproductive system. Symptoms may include a lump in the testicle or swelling or pain in the scrotum. Treatment may result in infertility.
Risk factors include an c ...
. During this period, Ruth attended class and took notes for both of them, typing her husband's dictated papers and caring for their daughter and her sick husband. During this period, she also was selected to be a
member
Member may refer to:
* Military jury, referred to as "Members" in military jargon
* Element (mathematics), an object that belongs to a mathematical set
* In object-oriented programming, a member of a class
** Field (computer science), entries in ...
of the ''Harvard Law Review''. Martin died of complications from metastatic cancer on June 27, 2010, four days after their 56th wedding anniversary. They spoke publicly of being in a
shared earning/shared parenting marriage
Shared earning/shared parenting marriage, also known as peer marriage, is a type of marriage where partners at the outset agree to adhere to a model of shared responsibility for earning money, meeting the needs of children, doing household chore ...
including in a speech Martin wrote and had intended to give before his death that Ruth delivered posthumously.
Ruth Bader Ginsburg was a non-observant Jew, attributing this to gender inequality in Jewish prayer ritual and relating it to her mother's death. However, she said she might have felt differently if she were younger, and she was pleased that
Reform
Reform refers to the improvement or amendment of what is wrong, corrupt, unsatisfactory, etc. The modern usage of the word emerged in the late 18th century and is believed to have originated from Christopher Wyvill's Association movement, which ...
and Conservative Judaism were becoming more
egalitarian
Egalitarianism (; also equalitarianism) is a school of thought within political philosophy that builds on the concept of social equality, prioritizing it for all people. Egalitarian doctrines are generally characterized by the idea that all h ...
in this regard. In March 2015, Ginsburg and Rabbi Lauren Holtzblatt released "The Heroic and Visionary Women of
Passover
Passover, also called Pesach (; ), is a major Jewish holidays, Jewish holiday and one of the Three Pilgrimage Festivals. It celebrates the Exodus of the Israelites from slavery in Biblical Egypt, Egypt.
According to the Book of Exodus, God in ...
", an essay highlighting the roles of five key women in the saga. The text states, "These women had a vision leading out of the darkness shrouding their world. They were women of action, prepared to defy authority to make their vision a reality bathed in the light of the day..." In addition, she decorated her chambers with an artist's rendering of the Hebrew phrase from
Deuteronomy
Deuteronomy (; ) is the fifth book of the Torah (in Judaism), where it is called () which makes it the fifth book of the Hebrew Bible and Christian Old Testament.
Chapters 1–30 of the book consist of three sermons or speeches delivered to ...
, "''Zedek, zedek, tirdof,''" ("Justice, justice shall you pursue") as a reminder of her heritage and professional responsibility.
Ginsburg had a collection of lace jabots from around the world. She said in 2014 she had a particular jabot she wore when issuing her dissents (black with gold embroidery and faceted stones) as well as another she wore when issuing majority opinions (crocheted yellow and cream with crystals), which was a gift from her law clerks. Her favorite jabot (woven with white beads) was from
Cape Town
Cape Town is the legislature, legislative capital city, capital of South Africa. It is the country's oldest city and the seat of the Parliament of South Africa. Cape Town is the country's List of municipalities in South Africa, second-largest ...
, South Africa.
Health
In 1999, Ginsburg was diagnosed with
colon cancer
Colorectal cancer (CRC), also known as bowel cancer, colon cancer, or rectal cancer, is the development of cancer from the colon or rectum (parts of the large intestine). Signs and symptoms may include blood in the stool, a change in bowel ...
, the first of her five bouts with cancer. She underwent surgery followed by
chemotherapy
Chemotherapy (often abbreviated chemo, sometimes CTX and CTx) is the type of cancer treatment that uses one or more anti-cancer drugs (list of chemotherapeutic agents, chemotherapeutic agents or alkylating agents) in a standard chemotherapy re ...
and
radiation therapy
Radiation therapy or radiotherapy (RT, RTx, or XRT) is a therapy, treatment using ionizing radiation, generally provided as part of treatment of cancer, cancer therapy to either kill or control the growth of malignancy, malignant cell (biology), ...
. During the process, she did not miss a day on the bench. Ginsburg was physically weakened by the cancer treatment, and she began working with a personal trainer. Bryant Johnson, a former Army reservist attached to the U.S. Army Special Forces, trained Ginsburg twice weekly in the justices-only gym at the Supreme Court. Ginsburg saw her physical fitness improve after her first bout with cancer; she was able to complete twenty
push-up
The push-up (press-up in British English) is a common calisthenics Physical exercise, exercise beginning from the prone position. By raising and lowering the body using the arms, push-ups exercise the pectoralis major muscle, pectoral muscl ...
s in a session before her 80th birthday.
Nearly a decade after her first bout with cancer, Ginsburg again underwent surgery on February 5, 2009, this time for
pancreatic cancer
Pancreatic cancer arises when cell (biology), cells in the pancreas, a glandular organ behind the stomach, begin to multiply out of control and form a Neoplasm, mass. These cancerous cells have the malignant, ability to invade other parts of ...
. She had a tumor that was discovered at an early stage. She was released from a New York City hospital on February 13, 2009, and returned to the bench when the Supreme Court went back into session on February 23, 2009. After experiencing discomfort while exercising in the Supreme Court gym in November 2014, she had a
stent
In medicine, a stent is a tube usually constructed of a metallic alloy or a polymer. It is inserted into the Lumen (anatomy), lumen (hollow space) of an anatomic vessel or duct to keep the passageway open.
Stenting refers to the placement of ...
placed in her right coronary artery.
Ginsburg's next hospitalization helped her detect another round of cancer. On November 8, 2018, Ginsburg fell in her office at the Supreme Court, fracturing three ribs, for which she was hospitalized. An outpouring of public support followed. Although the day after her fall, Ginsburg's nephew revealed she had already returned to official judicial work after a day of observation, a
CT scan
A computed tomography scan (CT scan), formerly called computed axial tomography scan (CAT scan), is a medical imaging technique used to obtain detailed internal images of the body. The personnel that perform CT scans are called radiographers or ...
of her ribs following her fall showed cancerous nodules in her lungs. On December 21, Ginsburg underwent a left-lung lobectomy at
Memorial Sloan Kettering Cancer Center
Memorial Sloan Kettering Cancer Center (MSK or MSKCC) is a cancer treatment and research institution in Manhattan in New York City. MSKCC is one of 72 National Cancer Institute– designated Comprehensive Cancer Centers. Its main campus is ...
to remove the nodules. For the first time since joining the Court more than 25 years earlier, Ginsburg missed oral argument on January 7, 2019, while she recuperated. She returned to the Supreme Court on February 15, 2019, to participate in a private conference with other justices in her first appearance at the Court since her cancer surgery in December 2018.
Months later in August 2019, the Supreme Court announced that Ginsburg had recently completed three weeks of focused radiation treatment to ablate a tumor found in her
pancreas
The pancreas (plural pancreases, or pancreata) is an Organ (anatomy), organ of the Digestion, digestive system and endocrine system of vertebrates. In humans, it is located in the abdominal cavity, abdomen behind the stomach and functions as a ...
over the summer. By January 2020, Ginsburg was cancer-free. By February 2020, the cancer had returned but this news was not released to the public. However, by May 2020, Ginsburg was once again receiving treatment for a recurrence of cancer. She reiterated her position that she "would remain a member of the Court as long as I can do the job full steam", adding that she remained fully able to do so.
Death and succession
Ginsburg died from complications of pancreatic cancer on September 18, 2020, at age 87. She died on the eve of
Rosh Hashanah
Rosh Hashanah (, , ) is the New Year in Judaism. The Hebrew Bible, biblical name for this holiday is Yom Teruah (, , ). It is the first of the High Holy Days (, , 'Days of Awe"), as specified by Leviticus 23:23–25, that occur in the late summe ...
, and according to Rabbi Richard Jacobs, "One of the themes of Rosh Hashanah suggest that very righteous people would die at the very end of the year because they were needed until the very end". After the announcement of her death, thousands of people gathered in front of the Supreme Court building to lay flowers, light candles, and leave messages.
Five days after her death, the eight Supreme Court justices, Ginsburg's children, and other family members held a private ceremony for Ginsburg in the Court's great hall. Following the private ceremony, due to
COVID-19 pandemic
The COVID-19 pandemic (also known as the coronavirus pandemic and COVID pandemic), caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), began with an disease outbreak, outbreak of COVID-19 in Wuhan, China, in December ...
conditions prohibiting the usual lying in repose in the great hall, Ginsburg's casket was moved outdoors to the Court's west portico so the public could pay respects. Thousands of mourners lined up to walk past the casket over the course of two days.
After the two days in repose at the Court, Ginsburg lay in state at the Capitol. She was the first woman and first Jew to lie in state therein. On September 29, Ginsburg was buried beside her husband in
Arlington National Cemetery
Arlington National Cemetery is the largest cemetery in the United States National Cemetery System, one of two maintained by the United States Army. More than 400,000 people are buried in its 639 acres (259 ha) in Arlington County, Virginia.
...
.
Ginsburg's death opened a vacancy on the Supreme Court about six weeks before the 2020 presidential election, initiating controversies regarding the nomination and confirmation of her successor. Days before her death, Ginsburg dictated a statement to her granddaughter Clara Spera, as heard by Ginsburg's doctor and others in the room at the time: "My most fervent wish is that I will not be replaced until a new president is installed." President Trump's pick to replace her,
Amy Coney Barrett
Amy Vivian Coney Barrett (born January 28, 1972) is an American lawyer and jurist serving since 2020 as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. The fifth wom ...
, was confirmed by the Senate on October 27.
Recognition
In 2002, Ginsburg was inducted into the
National Women's Hall of Fame
The National Women's Hall of Fame (NWHF) is an American institution founded to honor and recognize women. It was incorporated in 1969 in Seneca Falls, New York, and first inducted honorees in 1973. As of 2024, the Hall has honored 312 inducte ...
Time
Time is the continuous progression of existence that occurs in an apparently irreversible process, irreversible succession from the past, through the present, and into the future. It is a component quantity of various measurements used to sequ ...
Vermont Law School
Vermont Law and Graduate School (VLGS) is a private law and public policy graduate school in South Royalton, Vermont. It is the only ABA-accredited law school in the state. It offers several degrees, including Juris Doctor (JD), Master of Law ...
(1984),
Georgetown University
Georgetown University is a private university, private Jesuit research university in Washington, D.C., United States. Founded by Bishop John Carroll (archbishop of Baltimore), John Carroll in 1789, it is the oldest Catholic higher education, Ca ...
(1985),
DePaul University
DePaul University is a private university, private Catholic higher education, Catholic research university in Chicago, Illinois, United States. Founded by the Congregation of the Mission, Vincentians in 1898, the university takes its name from ...
(1985),
Brooklyn Law School
Brooklyn Law School (BLS) is a Private university, private law school in New York City. Founded in 1901, it has approximately 1,100 students. Brooklyn Law School's faculty includes 60 full-time faculty, 15 emeriti faculty, and adjunct faculty.
...
(1987),
Hebrew Union College
Hebrew (; ''ʿÎbrit'') is a Northwest Semitic language within the Afroasiatic language family. A regional dialect of the Canaanite languages, it was natively spoken by the Israelites and remained in regular use as a first language until ...
(1988),
Rutgers University
Rutgers University ( ), officially Rutgers, The State University of New Jersey, is a Public university, public land-grant research university consisting of three campuses in New Jersey. Chartered in 1766, Rutgers was originally called Queen's C ...
(1990),
Amherst College
Amherst College ( ) is a Private college, private Liberal arts colleges in the United States, liberal arts college in Amherst, Massachusetts, United States. Founded in 1821 as an attempt to relocate Williams College by its then-president Zepha ...
Columbia University
Columbia University in the City of New York, commonly referred to as Columbia University, is a Private university, private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Churc ...
(1994),
Long Island University
Long Island University (LIU) is a private university in Brooklyn and Brookville, New York, United States. The university enrolls over 16,000 students and offers over 500 academic programs at its main campuses, LIU Brooklyn and LIU Post on Long I ...
Smith College
Smith College is a Private university, private Liberal arts colleges in the United States, liberal arts Women's colleges in the United States, women's college in Northampton, Massachusetts, United States. It was chartered in 1871 by Sophia Smit ...
Brandeis University
Brandeis University () is a Private university, private research university in Waltham, Massachusetts, United States. It is located within the Greater Boston area. Founded in 1948 as a nonsectarian, non-sectarian, coeducational university, Bra ...
(1996),
George Washington University
The George Washington University (GW or GWU) is a Private university, private University charter#Federal, federally-chartered research university in Washington, D.C., United States. Originally named Columbian College, it was chartered in 1821 by ...
(1997),
Jewish Theological Seminary of America
The Jewish Theological Seminary (JTS) is a Conservative Jewish education organization in New York City, New York. It is one of the academic and spiritual centers of Conservative Judaism as well as a hub for academic scholarship in Jewish studies ...
(1997),
Wheaton College (Massachusetts)
Wheaton College is a Private college, private Liberal arts colleges in the United States, liberal arts college in Norton, Massachusetts. Wheaton was founded in 1834 as a female seminary. The trustees officially changed the name of the Wheaton ...
(1997),
Northwestern University
Northwestern University (NU) is a Private university, private research university in Evanston, Illinois, United States. Established in 1851 to serve the historic Northwest Territory, it is the oldest University charter, chartered university in ...
(1998),
University of Michigan
The University of Michigan (U-M, U of M, or Michigan) is a public university, public research university in Ann Arbor, Michigan, United States. Founded in 1817, it is the oldest institution of higher education in the state. The University of Mi ...
(2001),
Brown University
Brown University is a Private university, private Ivy League research university in Providence, Rhode Island, United States. It is the List of colonial colleges, seventh-oldest institution of higher education in the US, founded in 1764 as the ' ...
(2002), Yale University (2003),
John Jay College of Criminal Justice
The John Jay College of Criminal Justice (John Jay) is a public college focused on criminal justice and located in New York City. It is a senior college of the City University of New York (CUNY). John Jay was founded as the only liberal arts col ...
(2004),
Johns Hopkins University
The Johns Hopkins University (often abbreviated as Johns Hopkins, Hopkins, or JHU) is a private university, private research university in Baltimore, Maryland, United States. Founded in 1876 based on the European research institution model, J ...
(2004),
University of Pennsylvania
The University of Pennsylvania (Penn or UPenn) is a Private university, private Ivy League research university in Philadelphia, Pennsylvania, United States. One of nine colonial colleges, it was chartered in 1755 through the efforts of f ...
(2007),
Willamette University
Willamette University is a Private university, private Liberal arts colleges in the United States, liberal arts college with locations in Salem, Oregon, Salem and Portland, Oregon. Founded in 1842, it is the oldest college in the Western United ...
(2009),
Princeton University
Princeton University is a private university, private Ivy League research university in Princeton, New Jersey, United States. Founded in 1746 in Elizabeth, New Jersey, Elizabeth as the College of New Jersey, Princeton is the List of Colonial ...
(2010),
Harvard University
Harvard University is a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the History of the Puritans in North America, Puritan clergyma ...
(2011), and the
State University of New York
The State University of New York (SUNY ) is a system of Public education, public colleges and universities in the New York (state), State of New York. It is one of the List of largest universities and university networks by enrollment, larges ...
(2019).
In 2009, Ginsburg received a Lifetime Achievement Award from Scribes—The American Society of Legal Writers.
In 2013, a painting featuring the four female justices to have served as justices on the Supreme Court (Ginsburg, Sandra Day O'Connor,
Sonia Sotomayor
Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
, and
Elena Kagan
Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. She was Elena Kagan Supreme Court nomination ...
National Portrait Gallery National Portrait Gallery may refer to:
* National Portrait Gallery (Australia), in Canberra
* National Portrait Gallery (Sweden), in Mariefred
*National Portrait Gallery (United States), in Washington, D.C.
*National Portrait Gallery, London
...
in Washington, D.C.
In 2018 Ginsburg was the inaugural recipient of the Genesis Lifetime Achievement Award.
Ginsburg was the recipient of the 2019 $1million Berggruen Prize for Philosophy and Culture, which is awarded annually by the US think tank the
Berggruen Institute
The Berggruen Institute is a Los Angeles-based think tank founded by Nicolas Berggruen.
History
Berggruen Institute was formed in 2010 by founder Nicolas Berggruen and co-founder Nathan Gardels as a global network of "thinkers" dedicated to ...
. This award recognizes "thinkers whose ideas have profoundly shaped human self-understanding and advancement in a rapidly changing world", noting Ginsburg as "a lifelong trailblazer for human rights and gender equality". Ginsburg donated the entirety of the prize money to charitable and non-profit organizations, including the Malala Fund, Hand in Hand: Center for Jewish-Arab Education in Israel, the
American Bar Foundation
The American Bar Foundation (ABF) is a nonprofit research institute established in 1952 and located in Chicago, United States. The American Bar Foundation is located in the same building as Northwestern University Pritzker School of Law in do ...
National Constitution Center
The National Constitution Center is a non-profit institution that is devoted to the study of the Constitution of the United States. Located at the Independence Mall (Philadelphia), Independence Mall in Philadelphia, Pennsylvania, the center is a ...
praying mantis
Mantises are an order (Mantodea) of insects that contains over 2,400 species in about 460 genera in 33 families. The largest family is the Mantidae ("mantids"). Mantises are distributed worldwide in temperate ...
the name '' Ilomantis ginsburgae'' after Ginsburg. The name was given because the neck plate of the ''Ilomantis ginsburgae'' bears a resemblance to a jabot, which Ginsburg was known for wearing. Moreover, the new species was identified based upon the female insect's genitalia instead of based upon the male of the species. The researchers noted that the name was a nod to Ginsburg's fight for gender equality.
In 2019 the Dwight D. Opperman Foundation established the Ruth Bader Ginsburg Woman of Leadership Award in honour of Ginsburg, with her input into establishing the award criteria. Ginsburg presented the first award in February 2020 to arts patron and philanthropist Agnes Gund. After being presented to women in 2021–2023, the organization changed its award guidelines in 2024, with four of the five awards going to men, including
Elon Musk
Elon Reeve Musk ( ; born June 28, 1971) is a businessman. He is known for his leadership of Tesla, SpaceX, X (formerly Twitter), and the Department of Government Efficiency (DOGE). Musk has been considered the wealthiest person in th ...
and
Rupert Murdoch
Keith Rupert Murdoch ( ; born 11 March 1931) is an Australian - American retired business magnate, investor, and media mogul. Through his company News Corp, he is the owner of hundreds of List of assets owned by News Corp, local, national, a ...
. Ginsburg's family distanced itself from the award and asked for her name to be removed from it. The awards were not given.
The Ruth Bader Ginsburg Medal, established by the World Jurist Association, was first presented in 2021. It aims to recognise prominent female jurists, and several awards are given each year.
The U.S. Navy announced on March 31, 2022, that it will name one of its ''John Lewis''-class replenishment oilers the USNS ''Ruth Bader Ginsburg''.
In August 2022, Ruth Bader Ginsburg Hall, a residence hall at
Cornell University
Cornell University is a Private university, private Ivy League research university based in Ithaca, New York, United States. The university was co-founded by American philanthropist Ezra Cornell and historian and educator Andrew Dickson W ...
, opened its doors to the Class of 2026.
An elementary school in Chicago was named to honor her in 2024.
In March 2023, a special memorial session of the Supreme Court honored Ginsburg. Also in 2023, Ginsburg was featured on a USPS Forever stamp. The stamp was designed by art director Ethel Kessler, using an oil painting by Michael J. Deas based on a photograph by Philip Bermingham.
In popular culture
Ginsburg has been referred to as a "pop culture icon" and also an "American cultural icon". Ginsburg's profile began to rise after O'Connor's retirement in 2006 left Ginsburg as the only serving female justice. Her increasingly fiery dissents, particularly in ''Shelby County v. Holder'', led to the creation of a sobriquet, "the Notorious R.B.G." (a takeoff on the name of a rap star, the Notorious B.I.G.), which became an
internet meme
An Internet meme, or meme (, Help:Pronunciation respelling key, ''MEEM''), is a cultural item (such as an idea, behavior, or style) that spreads across the Internet, primarily through Social media, social media platforms. Internet memes manif ...
. The name beginning on
Tumblr
Tumblr (pronounced "tumbler") is a microblogging and Social networking service, social networking website founded by David Karp in 2007 and is owned by American company Automattic. The service allows users to post multimedia and other content ...
. The Tumblr blogger who coined the meme, law student Shana Knizhnik, teamed up with MSNBC reporter Irin Carmon to turn the contents of the blog into a book titled ''Notorious RBG: The Life and Times of Ruth Bader Ginsburg''. Published in October 2015, the book became a ''New York Times'' bestseller. In 2016, the progressive magazine Current Affairs criticized Ginsburg's status as an icon of progressivism, noting that her voting record was significantly more moderate than deceased justices Thurgood Marshall, William J. Brennan Jr., and
William O. Douglas
William Orville Douglas (October 16, 1898January 19, 1980) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1939 to 1975. Douglas was known for his strong progressive and civil libertari ...
, and that she often sided with law enforcement in
qualified immunity
In the United States, qualified immunity is a legal principle of federal law that grants government officials performing discretionary (optional) functions immunity from lawsuits for damages unless the plaintiff shows that the official violated "c ...
cases.
In 2015, Ginsburg and Scalia, known for their shared love of opera, were fictionalized in '' Scalia/Ginsburg'', an opera by Derrick Wang broadcast on national radio on November 7, 2020. The opera was introduced before Ginsburg and Scalia at the Supreme Court in 2013, and Ginsburg attended the 2015 Castleton Festival world premiere as well as a revised version at the 2017 Glimmerglass Festival. Ginsburg, who with Scalia wrote forewords to Wang's libretto, included excerpts from the opera as a chapter in her book ''My Own Words'', quoted it in her official statement on Scalia's death, and spoke about it frequently.
Additionally, Ginsburg's pop culture appeal has inspired nail art, Halloween costumes, a bobblehead doll, tattoos, t-shirts, coffee mugs, and a children's coloring book among other things. She appears in both a comic opera and a workout book. Musician Jonathan Mann also made a song using part of her '' Burwell v. Hobby Lobby Stores, Inc.'' dissent. Ginsburg admitted to having a "large supply" of Notorious R.B.G. t-shirts, which she distributed as gifts.
Since 2015, Kate McKinnon has portrayed Ginsburg on ''
Saturday Night Live
''Saturday Night Live'' (''SNL'') is an American Late night television in the United States, late-night live television, live sketch comedy variety show created by Lorne Michaels and developed by Michaels and Dick Ebersol that airs on NBC. The ...
''. McKinnon has repeatedly reprised the role, including during a ''
Weekend Update
''Weekend Update'' is a ''Saturday Night Live'' sketch and satirical news program that comments on and parodies current events. It is the show's longest-running recurring sketch, having been on since the show's first broadcast and been featu ...
'' sketch that aired from the 2016 Republican National Convention in Cleveland. The segments typically feature McKinnon (as Ginsburg) lobbing insults she calls "Ginsburns" and doing a celebratory dance. Filmmakers Betsy West and Julie Cohen created a documentary about Ginsburg, titled ''RBG'', for CNN Films, which premiered at the
2018 Sundance Film Festival
The 2018 Sundance Film Festival took place from January 18 to January 28, 2018. The first lineup of competition films was announced on November 29, 2017.
Awards
The following awards were presented:
* U.S. Dramatic Grand Jury Prize Award: '' T ...
. In the film '' Deadpool 2'' (2018), a photo of her is shown as
Deadpool
Deadpool is a character appearing in American comic books published by Marvel Comics. Created by Fabian Nicieza and Rob Liefeld, the character first appeared in ''New Mutants'' #98 (December 1990). In his comic book appearances, Deadpool is ...
considers her for his
X-Force
X-Force is a team of superheroes appearing in American comic books published by Marvel Comics, most commonly in association with the X-Men. Conceived by writer/illustrator Rob Liefeld, the team first appeared in ''New Mutants'' #100 (April 1991 ...
, a team of superheroes. Another film, ''
On the Basis of Sex
''On the Basis of Sex'' is a 2018 American biographical legal drama film based on the life and early cases of Ruth Bader Ginsburg, who was the second woman to serve as an Associate Justice of the United States Supreme Court. Directed by Mimi Led ...
'', focusing on Ginsburg's career struggles fighting for equal rights, was released later in 2018; its screenplay was named to the Black List of best unproduced screenplays of 2014. English actress Felicity Jones portrays Ginsburg in the film, with Armie Hammer as her husband Marty. Ginsburg herself has a cameo in the film. The seventh season of the sitcom ''
New Girl
''New Girl'' is an American television sitcom created by Elizabeth Meriwether and produced by 20th Century Fox Television for Fox that aired from September 20, 2011, to May 15, 2018. The series revolves around quirky teacher, Jessica Day ( Zo ...
'' features a three-year-old character named Ruth Bader Schmidt, named after Ginsburg. A
Lego
Lego (, ; ; stylised as LEGO) is a line of plastic construction toys manufactured by the Lego Group, a privately held company based in Billund, Denmark. Lego consists of variously coloured interlocking plastic bricks made of acrylonitri ...
mini-figurine of Ginsburg is shown within a brief segment of '' The Lego Movie 2''. Ginsburg gave her blessing for the cameo, as well as to have the mini-figurine produced as part of the Lego toy sets following the film's release in February 2019. Also in 2019,
Samuel Adams
Samuel Adams (, 1722 – October 2, 1803) was an American statesman, Political philosophy, political philosopher, and a Founding Father of the United States. He was a politician in Province of Massachusetts Bay, colonial Massachusetts, a le ...
released a limited-edition beer called When There Are Nine, referring to Ginsburg's well-known reply to the question about when there would be enough women on the Supreme Court.
In the sitcom ''
The Good Place
''The Good Place'' is an American fantasy-comedy television series created by Michael Schur for NBC. The series premiered on September 19, 2016, and concluded on January 30, 2020, after four seasons consisting of 53 episodes.
Although the pl ...
'', the "craziest secret celebrity hookup" was Ginsburg and Canadian rapper
Drake
Drake may refer to:
Animals and creatures
* A male duck
* Drake (mythology), a term related to and often synonymous with dragon
People and fictional characters
* Drake (surname), a list of people and fictional characters with the family ...
, whom protagonist Tahani reveals she set up as a "perfect couple".
'' Sisters in Law'' (2015), a book by Linda Hirshman, follows the careers and judicial records of Sandra Day O'Connor and Ginsburg.
In 2018, Ginsburg appeared on ''
The Late Show with Stephen Colbert
''The Late Show with Stephen Colbert'' is an American late-night talk show, late-night news satire, news and liberal political satire talk show hosted by Stephen Colbert, which premiered on September 8, 2015. Produced by Stephen Colbert, Spartin ...
'', which featured her following her regular workout routine accompanied by
Stephen Colbert
Stephen Tyrone Colbert ( ; born May 13, 1964) is an American comedian, writer, producer, political commentator, actor, and television host. He is best known for hosting the satirical Comedy Central program ''The Colbert Report'' from 2005 to ...
joking with her and attempting to perform the same routine. She also answered a few questions and weighed in on the famous internet question and ongoing debate "Is a
hot dog
A hot dog is a grilled, steamed, or boiled sausage served in the slit of a partially sliced bun. The term ''hot dog'' can also refer to the sausage itself. The sausage used is a wiener ( Vienna sausage) or a frankfurter ( Frankfurter Würs ...
a sandwich?" She ultimately ruled that, based on Colbert's definition of a sandwich, a hot dog is a sandwich.
List of United States Supreme Court justices by time in office
A total of 116 people have served on the Supreme Court of the United States, the highest judicial body in the United States, since it was established in 1789. Supreme Court justices have life tenure, meaning that they serve until they die, resig ...
* Campbell, Amy Leigh, and Ruth Bader Ginsburg. ''Raising the Bar: Ruth Bader Ginsburg and the ACLU Women's Rights Project''. Princeton, NJ: Xlibris Corporation, 2003. . .
* Carmon, Irin, and Knizhnik, Shana. ''Notorious RBG: The Life and Times of Ruth Bader Ginsburg''. New York, Dey Street, William Morrow Publishers, 2015. . .
* Clinton, Bill. '' My Life''. New York:
Vintage Books
Vintage Books is a trade paperback publishing imprint of Penguin Random House originally established by Alfred A. Knopf in 1954. The company was acquired by Random House in April 1960, and a British division was set up in 1990. After Random Ho ...
Cambridge University Press
Cambridge University Press was the university press of the University of Cambridge. Granted a letters patent by King Henry VIII in 1534, it was the oldest university press in the world. Cambridge University Press merged with Cambridge Assessme ...
American Bar Association
The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...
, 2009. Foreword by Ruth Bader Ginsburg. . .
* Ginsburg, Ruth Bader, et al. ''Essays in Honor of Justice Ruth Bader Ginsburg''. Cambridge, MA: Harvard Law School, 2013. .
* Hirshman, Linda R. Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World '. New York: HarperCollins, 2015. . .
* Moritz College of Law (2009). "The Jurisprudence of Justice Ruth Bader Ginsburg: A Discussion of Fifteen Years on the U.S. Supreme Court: Symposium". ''Ohio State Law Journal''. 70, no. 4: 797–1126. . .
*