Sawyer Bailly
On September 18th the world mourned the passing of Justice Ruth Bader Ginsburg. A legal, cultural, and feminist icon, Ginsburg was the second woman in American history to serve on the Supreme Court. During her twenty-seven year career serving on the nation’s highest court, Ginsburg established herself as a leader in the fight for gender equality. Demure and soft-spoken, she was what some called an “unlikely pioneer.” However, she was “tough as nails” as one former colleague commented, and quickly proved she was a force to be reckoned with. As a young lawyer, Ginsburg entered a world that was uncomfortable and dismissive, even resentful, at the thought of women holding positions of power. State and federal laws maintained dozens of restrictions surrounding what women could and could not do; barring them from jobs, rights, and even the jury service. Years later, Ginsburg had changed the world. "Reliance on overbroad generalizations ... estimates about the way most men or most women are, will not suffice to deny opportunity to women whose talent and capacity place them outside the average description," Ginsburg wrote. Her legacy is not one that will be forgotten.
Some of Ginsburg’s most significant and enduring work (yet only a tiny fraction of her expensive accomplishments as a US Supreme Court Judge) was her fight for reproductive rights. In Stenberg v. Carhart (2000), Ginsburg voted against a Nebraska law that banned “partial birth” abortions, writing that since the law didn’t have an exception to protect the life of the mother, it was unconstitutional. The same issue was confronted in 2007. This time the law was upheld, outlawing “partial birth” abortions. However, Ginsburg dissented. “The law saves not a single fetus from destruction, for it targets only a method of performing abortion.”
Ginsburg became well-known for her iconic dissents on cases such as these, never hesitating to express her belief that these laws were an attack on the essential healthcare that they claimed to protect. In Ginsburg’s 35-page dissent on Burwell v. Hobby Lobby (2014), in which the Supreme Court upheld Hobby Lobby’s claim that they were not required to provide insurance coverage of contraceptives under a provision for religious freedom, she wrote that contraception must be equally available to all. “The court, I fear, has ventured into a minefield,” she wrote, expressing her fear that religious exemptions were being given too loosely and was leading the court down a slippery slope.
The list goes on. In Whole Woman’s Health v. Hellerstedt (2016), Ginsburg voted against a bill that created obstacles keeping abortion clinics and clinicians from providing services. The bill was struck down with a 5-3 majority, and Ginsburg filed a concurrent brief: “When a State severely limits access to safe and legal procedures, women in desperate circumstances may resort to unlicensed rogue practitioners...at great risk to their health and safety. So long as this Court adheres to Roe v. Wade and Planned Parenthood of Southeastern Pa. v. Casey, Targeted Regulation of Abortion Providers laws like [this] that do little or nothing for health, but rather strew impediments to abortion, cannot survive judicial inspection.”
Ginsburg’s tireless fight for reproductive rights continued in years to come, in cases such as June Medical Services v. Russo (2020) and Trump v. Pennsylvania (2020). She fought for women’s freedoms over their own bodies, their own destinies. Her fight was an admirable one that changed the lives of many, and will not soon be forgotten. Days before her death, knowing what was to come, Ginsburg said to her granddaughter Clara Spera, “My most fervent wish is that I will not be replaced until a new president is installed.”
President Donald Trump has since pledged to move “without delay” to name and confirm a successor, against Ginsburg’s last wishes. This decision promptly sparked backlash from many. Planned Parenthood’s electoral arm has put together a new advertisement, slamming Trump for his decision to replace Ginsburg with a justice who would strike down “coverage for pre-existing conditions and reproductive freedom.” They may very well be right: the possibility of a 6-3 conservative Supreme Court majority is a serious and real threat to abortion rights in the states, as it would no doubt result in the overturning of Roe v. Wade. This looming prospect has sent both anti-abortion and abortion rights groups into action, with both sides desperately trying to mobilize voters.
So far, anti-abortion forces have been relentless in their attempts to erode abortion access. However, there is no time to despair. Instead, we must use our energy and focus to continue Ginsburg’s legacy, whether it be by campaigning, donating, or volunteering. Ruth Bader Ginsburg’s fight was an important one, and it is not yet over. As the 2020 election grows closer, it is up to the public to remain vigilant in continuing her work in building the world that she once envisioned. Her rest is well deserved - it’s up to us now.
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