Ruth Bader Ginsburg

My most fervent wish is that I will not be replaced until a new president is installed

Ruth Bader Ginsburg

This was her dying wish, expressed to her granddaughter. She hadn’t been dead ten minutes before Senate leader McConnell was assuring everyone around him that the thing he argued for under Barack Obama’s presidency did not apply to the vacancy left by the death of the Notorious RBG (Tumblr) Trump intends to nominate someone to the court as early as Monday or Tuesday, even though it can be easily argued that he is president right now because of Mitch McConnell’s refusal to do the very thing that they are both planning on doing, replacing a deceased jurist on the Supreme Court when a presidential election is impending.

The hypocrisy and demonstrable dereliction of duty that is shown on both Leader McConnell’s and Donald Trump’s part when it comes to stuffing conservative judges into the federal courts as fast as they possibly can is beside the point I want to make here today. They have both been bought and paid for by the oligarchs who run this country, have run this country almost from the time of its founding. Their entirely predictable intentions are irrelevant here.

Ruth Bader Ginsburg was only the second woman to serve on the SCOTUS when she was appointed, the first being Sandra Day O’Connor. When she started practicing as an attorney, she had a hard time finding and keeping a job because the law at the time was a practice for men, not for women.

The notion until the ’70s was that the differentials based on gender riddling the law books operated benignly in women’s favor. So women were excused from jury duty—well, that was a favor. Who would want to serve if they didn’t have to? Michigan’s law saying women couldn’t be bartenders—that was a favor, because bars could be pretty raunchy places. Laws like that were rationalized as operating to favor or protect women. The challenge for me was to get the judges to see that, far from operating benignly in women’s favor, these laws, as Justice Brennan said so well in Frontiero, put women not on a pedestal, but in a cage.

theatlantic.com
NPR – Justice Ruth Bader Ginsburg, Champion Of Gender Equality, Dies At 87 – September 18, 2020

Nina Totenberg, the voice of the narrator in that nine minute NPR piece, has covered the United States Supreme Court since she was hired by NPR back in 1975. Nina Totenberg herself has fought many of the battles that the Notorious RBG had to fight. The canned nine-minute segment prepared by NPR in the event of RBG’s death covers the basics of her history on the SCOTUS. It is not enough information if what you want to know is “Who was Ruth Bader Ginsburg?” like I do. To further that quest I next queued up this episode of Radiolab, a rebroadcast of one of their spinoff More Perfect episodes about RBG and her impact on the court.

Radiolab – More Perfect: Sex Appeal – September 18, 2020

In that episode Jad Abumrad mentions that there were two movies made about Justice Ginsburg. I didn’t know about a second movie, so I had to go look it up and watch both of them.

RBG (2018)
Magnolia PicturesRBG – Official Trailer – Mar 7, 2018

I had always intended to watch this movie. I love documentaries and I have a fascination with the how and the why of a Supreme Court justice becoming a rock star. Becoming so famous that she inspired young women and men around the world to wear clothing and accessories (and even tattoos) with her face on it.

I watched the documentary on Hulu.com. It is also available from Amazon Prime (title link above) it is a proper documentary of a person, touching on all the parts of RBG’s life from childhood to 2018 when the documentary was made. Her time working for the ACLU is mentioned in passing, but they don’t appear to identify the attorney that worked with RGB to start the Women’s Rights Project at the ACLU (Brenda Feigen) the movie also goes through several of the cases that she was notorious for winning or writing an opinion about.

…the movie opens with statements of loathing from famous conservative figures. The fact that they hate her so much is a tribute to her dedicated liberal views, which she defended to her dying day. In my opinion, the documentary is the better of the two films.

I can’t imagine what this place would be — I can’t imagine what the country would be — with Donald Trump as our president … For the country, it could be four years. For the court, it could be — I don’t even want to contemplate that.

a faker

He has no consistency about him. He says whatever comes into his head at the moment.

RBG on Donald Trump. 200,000 dead Americans agree with her.
On the Basis of Sex (2019)
Focus FeaturesON THE BASIS OF SEX – Jul 16, 2018
The law is wrong.

On the Basis of Sex starts with a young Ruth Bader Ginsburg in college and follows her up through her first argument of a case before a court as an attorney. Being an attorney was the job she wanted to do but was denied a chance of doing because she was a married woman with children. There is considerable deviation from the reality of her history in this film. The fictional plotline works to drive the narrative, so it is forgivable. However, it is also two hours long and feels like a two hour film when you are done watching it. The ending is satisfying, so I would give the film a positive review if I were to sit down and try to write a full review, which this paragraph isn’t.

This episode of the Daily from the NYTimes tells how her real history transpired, as opposed to the history provided as a backdrop for On the Basis of Sex.

The Daily: The New York TimesPart 1: The Life of Ruth Bader Ginsburg – Sep 21, 2020

Part two

NYTimes – Part 2: The Battle Over Her Seat

Vox’s Today, Explained on RBG

Stitcher – VOX – Ruth Bader Ginsburg’s legacy, and the future of the Supreme Court, explained

She fought, and she won, battles that put women on equal footing with men before the law, right in the face of an overwhelming majority of contrary opinion. Again and again, she staked out the battlegrounds that legal arguments would be fought over, and she succeeded in making women largely equal to men even without the Equal Rights Amendment to the constitution.

To this day women’s rights in this country are provisional, based on legal precedents won in court and not on constitutional law, and this is because of the actions of the Christianists of the Religious Right. It was through them and their leaders like Phyllis Schlafly that the Equal Rights Amendment failed to be adopted by the deadline in 1979. That women’s rights exist at all from a legal perspective is largely because of RBG; and make no mistake, this is the reason that conservatives and Republicans hate RBG and will ignore her dying wish that the next president be the one to pick her replacement.

This is the important fact, the fact that inspired me to spend a considerable amount of time reading, watching and listening to the history of Ruth Bader Ginsburg over this past weekend. Republicans hate RBG because she is a woman and she has the temerity to speak her mind in the face of legal male privilege. Remember this fact when it comes time to vote in November, not whether or not Donald Trump and Mitch McConnell succeed in making the SCOTUS an organ of conservative dogma. Conservatives and Republicans do not think women and their opinions are worthy of note. Women should be in the kitchen, barefoot and pregnant. They certainly shouldn’t be on the Supreme Court. If Trump nominates a woman, and McConnell hypocritically gets the nomination approved by the Senate, that woman will agree with this sentiment, just as Justice Thomas thinks black people should be forced into second class status. What he doesn’t say is that he believes this because that injustice will inspire the re-creation of the United States as a black nation.

Conservative/Republican women in politics believe themselves subservient to men and yet attempt to lead anyway. Contemplate this fact until you understand what it means.

Over a long career on both sides of the bench — as a relentless litigator and an incisive jurist — Justice Ginsburg helped us see that discrimination on the basis of sex isn’t about an abstract ideal of equality; that it doesn’t only harm women; that it has real consequences for all of us. It’s about who we are — and who we can be.

Barack Obama
Kiki Bader