Remembering Associate Justice Ruth Bader Ginsburg

“When I’m sometimes asked, when will there be enough women on the Supreme Court, and I say, ‘When there are nine,’ people are shocked. But there’d been nine men, and nobody’s ever raised a question about that.” Associate Justice Ruth Bader Ginsberg.

On the morning of 19th Sep 2020, I woke up to the news of Asso. Justice Ruth Ginsburg passing away. She passed away on the 18th, and just one day before that, on the 17th, she was awarded the 2020 Liberty Medal. Although her death shook many of us, it coincidentally happened just one day after the US Constitution Day.

That was not the only news that I had recently read about her, I had also come across a Tweet, where a male Tweeter had wished that Asso. Justice Ginsburg be the longest-living person on Earth. I had wished so too. She was the epitome of character and hope.

I have been keenly following Asso. Justice Ginsburg’s work since 2013 when I came across Michael Sandel, a Harvard professor, and philosopher in the field of justice, which also grew my interest in American justice and politics.

Post 18th Sep, almost everyone must have heard that Asso. Justice Ginsburg was the longest-serving female associate justice in the Supreme Court. But what many might not know, is that she was the first Jewish female in that position and also only the second female in that position.

Asso. Justice Ginsburg was nominated into position in 1993 by Bill Clinton as a move to increase diversity. Prior to Asso. Justice Ginsburg, Asso. Justice Sandra O’Connor, was in office in 1981-2006. Both women, Asso. Justices O’Connor and Ginsburg, paved the way for two more female associate justices: Asso. Justice Sonia Sotomayor and Asso. Justice Elena Kagan to the Supreme Court. Both Asso. Justices Sotomayor and Kagan brought an additional element of diversity with them: Asso. Justice Sotomayor is the first female woman of colour, first Hispanic and first latina (daughter of Puerto Rican immigrants) and Asso. Justice Kagan being the granddaughter of Russian immigrants.

The cry today for diversity in the US Supreme Court is loud and clear, there are high expectations for President Trump to nominate another woman.

Since President Raegan’s pledge to appoint the first woman to the US Supreme Court in 1981, during his presidential campaign, there have been a total of six presidents, including himself to date. Two more, Presidents, Clinton and Obama, had nominated female associate justices, whilst Presidents Bush, Bush Jr and now Trump have not been much hopeful to the overwhelmingly larger female population in the USA (during those 39 years, the female population was exceedingly higher than males).

I present here some data about the retirement of Supreme Court members during the last 39 years and their successors, against the presidential mandates for the last 39 years.

Mandate of US Presidents and appointments in the Supreme Court

• President Raegan – Republican (20th Jan 1981 – 20th Jan 1989)
  • Female Associate Justice Sandra Day O’Connor replaced male Asso. Justice Potter Stewart; Asso. Justice O’Connor was nominated on 19th August 1981 and took office on 25th September.
• President George HW Bush – Republican (20th Jan 1989 – 20th Jan 1993)
  • NO female appointee, 2 male appointees
• President Clinton – Democratic (20th Jan 1993 – 20th Jan 2001)
  • Female Associate Justice Ruth Bader Ginsburg replaced male Asso. Justice Byron White; Asso. Justice Ginsburg was nominated on 22nd June 1993 and took office on 10th August.
• President George W Bush – Republican (20th Jan 2001 – 20th Jan 2009)
  • NO female appointee, 2 male appointees
• President Obama – Democratic (20th Jan 2009 – 20th Jan 2017)
  • Female Associate Justice Sonia Sotomayor replaced male Asso. Justice David H Souter; Asso. Justice Sotomayor was nominated on 26th May 2009 and took office on 8th August.
  • Female Associate Justice Elena Kagan replaced male Asso. Justice John Paul Stevens; Asso. Justice Kagan was nominated on 10th May 2010 and took office on 7th August.
• President Trump – Republican (20th Jan 2017 – NOW)

During the presidency of Bush (both father and son: President George HW Bush 1989 – 1993, and President George W Bush 2001 – 2009), no female members were appointed to the US Supreme Court, despite making two appointments each during their presidency mandates (Asso. Justice David Souter in 1991, Asso. Justice Clarence Thomas in 1991, Chief Justice John G Jr. Roberts in 2005 and Asso. Justice Samuel Alito A Jr. in 2006 ).

During President GHW Bush’s presidency in 1991, 53% of Americans felt it was “important that there always be at least one woman” in the Supreme Court (Marshall, 2008), nonetheless, two male associate justices were appointed. During President GW Bush’s presidency, public opinion fell to ~14% for a female replacement to Asso. Justice O’Connor who retired in 2006, leaving Asso. Justice Ginsburg as the only female associate justice in the Supreme Court then.

Hopefully, President Obama, the first African American president, appointed two female associate justices on both opportunities that he had, making it three female associate justices.

Will President Trump, an ardent Republican, follow in President Raegan’s shoes or the shoes of the Presidents GHW Bush and GW Bush?

I have written this article to share my personal opinion, based on my passion for law and American politics, I am by far not an expert on this matter. All reported facts are accurate to my knowledge. This article was purely from a female representation in the US Supreme Court, and not Democratic v/s Republican interests.

References:

• Justices 1789 to Present https://www.supremecourt.gov/about/members_text.aspx
• US Supreme Court, Centre for American Women and Politics https://cawp.rutgers.edu/facts/levels-office/us-supreme-court
• Marshall, Thomas R. (2008). Public Opinion and the Rehnquist Court. ISBN 978-0-7914-7348-1.
• Stolzenberg RM, Lindgren J. Retirement and death in office of U.S. Supreme Court justices. Demography. 2010 May;47(2):269-98. doi: 10.1353/dem.0.0100. PMID: 20608097; PMCID: PMC3000028. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3000028/