Because of the sad passing of Ruth Bader Ginsburg, here is a list of my top five cases that she changed history with.
Frontiero v. Richardson: In 1973, Ruth Bader Ginsburg argued before the Supreme Court for the first time that the federal law requiring different criteria for male and female military spouses discriminates against women, and therefore violates the Fifth Amendment’s Due Process Clause. Four justices went on to state that laws that discriminate on gender are subject to strict judicial scrutiny. This is similar to how the court views laws that discriminate on race.
Duren v. Missouri: In 1979, Ginsburg argued before the Court that allowing jury duty to be optional to women made the jury pool unfair and devalued women’s contributions to juries. The Supreme Court agreed with Ginsburg and reversed the state court’s ruling. The Court stated that there was no significant state interest to exclude women from jury duty.
United States v. Virginia: In 1996, Ginsburg wrote the majority opinion in a historic case for women’s rights that would impact university admission policies. The Virginia Military Institution barred women from the program and even stated that they would create a separate educational program for women. She states, “women seeking and fit for a VMI-quality education cannot be offered anything less, under the commonwealth’s obligation to afford them genuinely equal protection.”
Ledbetter v. Goodyear Tire & Rubber Co.: Ginsburg famously dissented in 2007 from the Supreme Court’s decision over a salary discrimination case that was filed outside limitations period. The Court held that the discriminatory intent fell outside the limitations period and therefore cannot be claimed. This decision made it more difficult for workers to sue their employers over allegations of discrimination. Her dissent led to the passing of the Lilly Ledbetter Fair Pay Act of 2009, which restored the protection from discrimination in the workplace that the Supreme Court case previously taken away.
Whole Woman’s Health v. Hellerstedt: Ginsburg has been an advocate for reproductive freedom, even discussing it during her confirmation hearing. In 2016, she was a part of the ruling decision that Texas cannot restrict access to safe and legal abortions. Ginsburg stated in a concurring opinion – that no other justice signed – that many procedures are more dangerous than abortions including childbirth. The verdict was seen as a victory for women’s reproductive rights.
Ruth Bader Ginsburg has been a champion of women’s rights ever since she started her law career. She has advocated for such causes such as equal pay in the workplace, reproductive rights, and voter rights. Her legacy will be one that benefits both genders because as she stated before gender discrimination harms both, male and females.
Works Cited
Blakemore, Erin. “Ruth Bader Ginsburg’s Landmark Opinions on Women’s Rights.” History.com, A&E Television Networks, 30 May 2018, www.history.com/news/ruth-bader-ginsburgs-landmark-opinions-womens-right….
Gontcharova, Natalie. “Yes, Ruth Bader Ginsburg Became A Feminist Meme. But She Was So Much More.” What RBG Legacy Means For Womens Rights In History, www.refinery29.com/en-us/2020/09/10036145/ruth-bader-ginsburg-death-lega….
Lithwick, Dahlia. “The Irony of Modern Feminism’s Obsession With Ruth Bader Ginsburg.” The Atlantic, Atlantic Media Company, 18 Dec. 2018, www.theatlantic.com/magazine/archive/2019/01/ruth-bader-ginsburg-feminis….
Parenthood, Planned. “Thank You, RBG.” Planned Parenthood Action Fund, www.plannedparenthoodaction.org/blog/ruth-bader-ginsburg-v-the-patriarchy.
“Tribute: The Legacy of Ruth Bader Ginsburg and WRP Staff.” American Civil Liberties Union, www.aclu.org/other/tribute-legacy-ruth-bader-ginsburg-and-wrp-staff.
Vanian, Jonathan. “5 Key Supreme Court Cases That Highlight Ruth Bader Ginsburg’s Legacy.” Fortune, Fortune, 19 Sept. 2020, fortune.com/2020/09/18/ruth-bader-ginsburg-legacy-supreme-court-cases/.