Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection

Starred review from July 1, 2020
This entry in the new Penguin Liberty series focuses on the case writings of the most recognizable associate justice on the Supreme Court. Long before she was appointed to the Supreme Court in 1993, Ginsburg, aka the Notorious RBG, was a crusader for such issues as equal protection for women, reproductive freedom, and civil rights. Stung by her own experiences of discrimination--during pregnancy, as a law student at Harvard, and through her struggle to land a clerkship despite her sterling record--she first grasped how the 14th Amendment, intended to end racial discrimination, could be interpreted to protect sex, as well. As editor Brettschneider, who also serves as the Liberty series editor, notes, "Ginsburg needed to show that sex dis-crimination fell into the same category as race discrimination--an arbitrary form of discrimination based in factors individuals did not have power over." She wielded the Equal Protection Clause first as a litigator with the ACLU in Reed v. Reed (1971), which challenged an Idaho law upholding irrational stereotypes about women as inferior to men. In her arguments, she successfully rendered sex a "suspect classification." Her work as a litigator culminated in what the editor deems her "crowning achievement in this area": United States v. Virginia (1996), in which Ginsburg argued against the long-standing rule that "barred women from entering" Virginia Military Academy. She prevailed by establishing what she termed "skeptical scrutiny, a "standard made clear that women could not be denied opportunity simply because of their sex." Other key cases have included such issues as pay equity, affirmative action, voting rights, and religious freedom. Furthermore, writes Brettschneider, whose shrewd shaping of this volume makes it a good choice for students and nonscholars, Ginsburg's "famous dissent in Bush v. Gore linked the integrity of our electoral process to the security of the people's rights." Accessible, well-edited selections amply demonstrating the astute thinking and sharp voice of an indispensable legal mind.

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