RBG, Notorious Forever
"Dissents speak to a future age. It's not simply to say, 'My colleagues are wrong, and I would do it this way.' But the greatest dissents do become court opinions and gradually over time their views become the dominant view. So that's the dissenter's hope: that they are writing not for today, but for tomorrow."
- Ruth Bader Ginsburg
This past weekend, our country lost more than just a Supreme Court Justice; we lost a visionary, a thought leader and a patriot. Ruth Bader Ginsburg, at her passing, had served 27 years on our Supreme Court. Nominated and confirmed in 1993, she became a force to be reckoned with each time she was called upon to pen an opinion. Most well known for her opinions on gender equality, where she took on male perceptions of women in the workplace with vigor, often rustling the robes of her fellow justices by letting them know exactly what she thought of their opinions in clear language. My personal favorite is her language in Ledbetter vs. Goodyear, where takes the court to task for ruling in favor of Goodyear who, clearly, was offering lower raises and therefore lower total compensation to women in their workforce:
“In a last-ditch argument, the Court asserts that this dissent would allow a plaintiff to sue on a single decision made 20 years ago ‘even if the employee had full knowledge of all the circumstances relating to the . . . decision at the time it was made.’ Ante, at 20. It suffices to point out that the defenses just noted would make such a suit foolhardy.”
In this particular case, Ginsburg’s dissent actually lead to the passage of new legislation called the Lily Ledbetter Act that allows employees who feel they have been discriminated against to bring suit against their employer beyond the 180 day window that is typically utilized, especially if the discrimination is something that cannot be readily identifiable but through the passage of time. In her opinion, she clearly outlines that pay discrimination is hard to identify because most times employers do not discuss the salaries of other employees with everyone making a limited timeframe for legal action only another means through which to keep women from achieving equal pay. In 2009, congress acted and utilized the wise words of Justice Ginsburg to make this change in law, that way there was no interpretation necessary by the courts. This, in effect, made Ginsburg’s dissent the “ruling” case law over that of the majority of the Court.
Her ability to dissent in such a way that brings about future change is a highlight of her thoughtful approach to the law and leadership in general. This is a skill that will be missed not just in the hollowed chambers of the highest court in our country, but also in the whole of our federal government. The ability to state arguments in a clear manner — if not a little tongue and cheek — while also helping others realize their errors in a positive, inclusive way is the path to move issues forward and grow as a country.
Justice Ginsburg will be missed on the court. Even if you did not agree with her opinions on everything, or even some things, she stood as someone willing to take power to task while asking those in power to join her in exploring a different view, one that tended to be more inclusive, more forward thinking, and generally, more hopeful. When asked about the number of women on the Supreme Court and what the “right” number was she replied, “When there are nine… there'd been nine men, and nobody's ever raised a question about that.”
She was beyond bold and one of the greatest patriots our country has seen. Hopefully, we can continue to live up to her hopes for our country; a place where all can prosper regardless of your beliefs, your sex, or your orientation. If we can do that Justice Ginsburg’s work will never be forgotten and she will be notorious for all time.