Justice Ruth Bader Ginsburg Dead at 87
Supreme Court Justice Ruth Bader Ginsburg died Friday at her home in Washington.
— Jan Crawford (@JanCBS) September 18, 2020
Ginsburg died of complications from metastatic pancreatic cancer. She was 87.
Her death just over six weeks before Election Day is likely to set off a heated battle over whether President Donald Trump should nominate, and the Republican-led Senate should confirm, her replacement, or if the seat should remain vacant until the outcome of his race against Democrat Joe Biden is known.
Ginsburg announced in July that she was undergoing chemotherapy treatment for lesions on her liver, the latest of her several battles with cancer.
The justice spent her final years on the bench as the leader of the court’s liberal wing and became something of a celebrity to her admirers. Young women especially seemed to embrace the court’s Jewish grandmother, affectionately calling her the Notorious RBG, for her defense of the rights of women and minorities, and the strength and resilience she displayed in the face of personal loss and health crises.
Those health issues included five bouts with cancer beginning in 1999, falls that resulted in broken ribs, insertion of a stent to clear a blocked artery and assorted other hospitalizations after she turned 75.
She resisted calls by liberals to retire during Barack Obama’s presidency at a time when Democrats held the Senate and a replacement with similar views could have been confirmed. Instead, President Donald Trump will almost certainly try to push Ginsburg’s successor through the Republican-controlled Senate — and move the conservative court even more to the right.
Ginsburg antagonized Trump during the 2016 presidential campaign in a series of media interviews, including calling him a faker. She soon after apologized.
Her appointment by President Bill Clinton in 1993 was the first by a Democrat in 26 years.
Ginsburg was a mother of two, an opera lover and an intellectual who watched arguments behind oversized glasses for many years, though she ditched them for more fashionable frames in her later years. At argument sessions in the ornate courtroom, she was known for digging deep into case records and for being a stickler for following the rules.
She argued six key cases before the court in the 1970s when she was an architect of the women’s rights movement. She won five.
On the court, her most significant majority opinions were the 1996 ruling that ordered the Virginia Military Institute to accept women or give up its state funding, and the 2015 decision that upheld independent commissions some states use to draw congressional districts.
Besides civil rights, Ginsburg took an interest in capital punishment, voting repeatedly to limit its use. During her tenure, the court declared it unconstitutional for states to execute the intellectually disabled and killers younger than 18.
In addition, she questioned the quality of lawyers for poor accused murderers. In the most divisive of cases, including the Bush v. Gore decision in 2000, she was often at odds with the court’s more conservative members — initially Chief Justice William H. Rehnquist and Justices Sandra Day O’Connor, Antonin Scalia, Anthony M. Kennedy and Clarence Thomas.
The division remained the same after John Roberts replaced Rehnquist as chief justice, Samuel Alito took O’Connor’s seat, and, under Trump, Neil Gorsuch and Brett Kavanaugh joined the court, in seats that had been held by Scalia and Kennedy, respectively.
In 1999, Ginsburg had surgery for colon cancer and received radiation and chemotherapy. She had surgery again in 2009 after being diagnosed with pancreatic cancer and in December 2018 for cancerous growths on her left lung. Following the last surgery, she missed court sessions for the first time in more than 25 years on the bench.
Ginsburg also was treated with radiation for a tumor on her pancreas in August 2019. She maintained an active schedule even during the three weeks of radiation. When she revealed a recurrence of her cancer in July 2020, Ginsburg said she remained “fully able” to continue as a justice.
Joan Ruth Bader was born in Brooklyn, New York, in 1933, the second daughter in a middle-class family. Her older sister, who gave her the lifelong nickname “Kiki,” died at age 6, so Ginsburg grew up in Brooklyn’s Flatbush section as an only child. Her dream, she has said, was to be an opera singer.
Ginsburg graduated at the top of her Columbia University law school class in 1959 but could not find a law firm willing to hire her. She had “three strikes against her” — for being Jewish, female and a mother, as she put it in 2007.
She had married her husband, Martin, in 1954, the year she graduated from Cornell University. She attended Harvard University’s law school but transferred to Columbia when her husband took a law job there. Martin Ginsburg went on to become a prominent tax attorney and law professor. Martin Ginsburg died in 2010. She is survived by two children, Jane and James, and several grandchildren.