What Ruth Bader Ginsburg's Passing Means for the SCOTUS

Ruth Bader Ginsburg is dead. One of the most legendary Supreme Court Justices of our time is laying in a coffin as we speak. This is an extremely depressing state of affairs, not only in terms of her humanity (my heart goes out to her family members and friends) but also very much in terms of politics. Though the argument has been made that she had a white-centered mindset, in terms of gender equality Ginsburg was truly a force to be reckoned with. She was one of nine women in a Harvard Law School class of 500 and when she transferred to Columbia in light of her husband’s new job, she was first in her class (yet still faced job discrimination upon graduating). She was also the first woman to join the ranks of the Harvard Law Review, and she co-founded the ACLU’s Women’s Rights Project.

This list of personal accomplishments only grazes the surface of her life and career. During her time with the Women’s Rights Project, Ginsburg argued before the Supreme Court on numerous occasions including in cases like Frontiero v. Richardson (1973) and Weinberger v. Wiesenfeld (1975). She helped lay the foundations for lasting change in the women’s liberation movement by adamantly arguing for the strict scrutiny approach to be used in cases of sex discrimination. Just like with racial discrimination, it was decided that any sort of gender classification must have a “substantial relationship” to a “vital state interest” in order for it to be upheld. 

Both before and during her time in the Supreme Court, her voice was a monumental catalyst for the advancement of a more equitable educational system, access to healthcare, and the normalization of women in decision-making positions. Lest we forget, she did all of this with enviable poise and chilling confidence. Ginsburg once said, “Reacting in anger or annoyance will not advance one’s ability to persuade.” And I think we all know, there’s nothing more intimidating, or captivating, than a woman schooling a room full of men all while maintaining a calm tone of voice. Perhaps this is why even her enemies couldn’t help but respect her.

University of Buffalo

Ruth Bader Ginsburg is dead. And as it looks now, her intellectually inferior commander-in-chief holds the ability to upend the immense progress she made over decades. Trump, the living antithesis of Ginsburg, has his mind set on “making liberals cry,” and he intends to do this by nominating someone who will stand firmly against issues like abortion rights and universal healthcare...enter Amy Coney Barrett.

NY Times

Barrett is currently a judge in the US Court of Appeals for the Seventh Circuit. She received her law degree from Notre Dame where she later went on to become a professor of law. It’s safe to say she, as well as Ginsburg, is a highly educated and determined individual. Many scholars across the US are concerned that with Barrett’s confirmation, the Supreme Court would become the most conservative it has been since the early 20th century. If history tells us anything, this spells disaster for marginalized groups everywhere. 

As a former clerk and apprentice of the late Antonin Scalia, Barrett follows her conservative mentor’s theories quite closely. Most notably, she adopted Scalia’s “originalist” approach surrounding the interpretation of the Constitution. This implies that, if appointed, she will interpret the Constitution based on its plain words rather than the deeper meaning. She’s apt to make decisions based on the way she assumes the Founders understood the document, as opposed to what may be best for society at that moment. Sounds like quite the opposite of what our late feminist icon would have wanted. Ginsburg walked so Barrett could run, and she’s sure to run far away from the more equitable society Ginsburg fought so hard for until her death.