Sep 19, 2020

Legal Ramifications of Ruth Bader Ginsburg’s Death?


The End Of A Long Tenure For A Supreme Court Judge.

Ruth Rest in PeaceOne of the longest-serving Justices of the Supreme Court passed away today at the age of 87. Ruth Bader Ginsburg was a Clinton appointee and former ACLU co-founder. The New York Post reported on death due to cancer earlier today.

WASHINGTON — Supreme Court Justice Ruth Bader Ginsburg died Friday at her home in Washington, the court says. She was 87. Ginsburg died of complications from metastatic pancreatic cancer, the court says.

Michael Ehline lobbying Congress in DC.Michael Ehline is a leading legal analyst. He is the lead attorney of the Ehline Law Firm Personal Injury Attorneys based out of Los Angeles. Find out more about his practice here.

A Long Legal Career.

Ruth Bader Ginsburg was born in Brooklyn to a Jewish family who studied at Cornell University. She was an employee with the Social Security Administration where she was demoted due to becoming pregnant. She attended both the Harvard and Columbia Law schools. She served on both schools' law reviews. As a young, ambitious female lawyer she was a rarity in the legal community at the time. She tied for first in her class when she graduated from Columbia. Ginsburg co-founded the American Civil Liberties Union in 1973. She later served as the Project's general counsel.

"Ruth Bader Ginsburg, Associate Justice,
was born in Brooklyn, New York, March 15, 1933. She married Martin D. Ginsburg in 1954, and has a daughter, Jane, and a son, James. She received her B.A. from Cornell University, attended Harvard Law School, and received her LL.B. from Columbia Law School. She served as a law clerk to the Honorable Edmund L. Palmieri, Judge of the United States District Court for the Southern District of New York, from 1959–1961. From 1961–1963, she was a research associate and then associate director of the Columbia Law School Project on International Procedure. She was a Professor of Law at Rutgers University School of Law from 1963–1972, and Columbia Law School from 1972–1980, and a fellow at the Center for Advanced Study in the Behavioral Sciences in Stanford, California from 1977–1978. In 1971, she was instrumental in launching the Women’s Rights Project of the American Civil Liberties Union, and served as the ACLU’s General Counsel from 1973–1980, and on the National Board of Directors from 1974–1980. She was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 1980. President Clinton nominated her as an Associate Justice of the Supreme Court, and she took her seat August 10, 1993." (Source).

She fought on a number of gender discrimination cases, including some in front of the Supreme Court. She was later nominated by Jimmy Carter to the US Court of Appeals in the 1980s. She served on the Court of Appeals for the District of Columbia Circuit. She was later nominated to the Supreme Court in August 1993 by President Bill Clinton. She was the first Jewish justice since Abe Fortas left in 1969.

Time on the Court.

Since being confirmed by the Senate in 1993, Ginsburg positioned herself on the left side of the court. She was earlier considered a moderate during her time as a Circuit Court judge. During her time on the court, she was often the writer of many opinions, especially when there was a liberal court decision. She included many parts of conventional left-wing thought during her time on the bench. This included support for Roe v. Wade, even with some reservations on how the Court reached the decision in 1973. She also authored a key opinion in the United States v. Virginia, striking down gender discrimination. Ginsburg was also unique among Supreme Court justices for supporting using non-US law and legal norms in her decisions. This is the opposite of the textual approach of conservative justices.

Ginsburg was among the most popular justices in recent history. Supporters offered their support to her during previous health scares. This often included creating votive candles dedicated to her and hanging up portraits of her. There was also a movie based on her life released in 2018, entitled RBG. This film was notable for its subject matter and for using popular shorthand similar to Notorious BIG. Despite positive reviews from critics, it grossed only $14 million at the box office.

What Happens Next?

There is a strong chance that Ginsburg's death will set up a massive fight for her seat. Since there is currently a 5-4 conservative majority, if President Trump can appoint her successor successfully, there will be a 6-3 slant in their favor. Furthermore, the Biden camp likely wants the chance to appoint her successor. This could only happen after the November election and after the January 20, 2021 inauguration.

This would also set up a massive fight within the Senate. The Senate appoints the members of the Supreme Court. During the last nomination fight, there was a significant fight over whether or not Brett Kavanaugh should be seated. He ultimately won out, but only after tenuous rape allegations were made against him. Due to the fact that Kavanaugh replaced often swing vote Anthony Kennedy, there is a strong chance that the battle over Ginsburg's seat will be far more contentious-- and could shape the court for decades to come.

Works Cited:

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