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Ruth Bader GinsburgA modern alternative to SparkNotes and CliffsNotes, SuperSummary offers high-quality Study Guides with detailed chapter summaries and analysis of major themes, characters, and more.
The author was born Joan Ruth Bader on March 15, 1933, and her sister, Marilyn, nicknamed her Kiki. Marilyn died of meningitis when Ruth was 14 months old. Ruth attended public school a block from her home, a rental in a working-class Brooklyn neighborhood. She loved reading and idolized fictional characters like Nancy Drew and real-life women heroes like Amelia Earhart and Eleanor Roosevelt. Ruth was close to her mother, Celia. Their mixed neighborhood had many multiethnic families; nevertheless, Ruth heard taunts directed at her family because they were Jewish. When she was eight years old, while riding in a car with her parents, she heard news reports of the Pearl Harbor bombing. The family’s rejoicing over Victory in Europe (VE) Day was tempered on Victory over Japan (VJ) Day by the detonation of the atomic bomb.
In 1946, 13-year-old Ruth wrote an editorial for her school newspaper, The Highway Herald. In it, she compared the 10 Commandments, the Magna Carta, the English Bill of Rights, and the Declaration of Independence to the newly penned Charter of the United Nations, referring to it as the fifth great document in human history: “Its purpose and principles are to maintain international peace and security, to practice tolerance, and to suppress any acts of aggression or other breaches of peace” (10).
Ruth’s biographers write that, while she was a young woman, she became aware of the hypocrisy and inequity practiced by authority figures. For instance, she recognized the unfairness in her being barred from participating in the coming-of-age bar mitzvah ceremonies like the 13-year-old Jewish boys in her community.
As an early adolescent, Ruth was active in promoting Zionism, working to create a Jewish homeland in Israel. Proud of her Jewish heritage, as an eighth grader, Ruth wrote an essay for the East Midwood Jewish Center bulletin expressing her views on how Jews needed to overcome the lingering sorrows of the Holocaust.
As a student at Cornell University, Ruth was influenced by Professor Robert Cushman, a constitutional scholar who helped her understand the consequences of the Red Scare taking place in the early 1950s. Ruth was a government major who was not particularly interested in social activism before studying with Cushman: “I really just wanted to get good grades and become successful—but he was both a teacher and a consciousness raiser” (21). Cushman’s tutelage influenced Ruth to pen a letter to the editor of the school newspaper, The Cornell Daily Sun, decrying the use of warrantless wiretapping.
While a 17-year-old freshman at Cornell, Ruth met Martin Ginsberg on a blind date arranged by his roommate. Ruth did not know that Marty instigated the date, having seen her without her knowledge when she first arrived on campus. As the biographers report, the two wed in 1954 after Ruth graduated from Cornell.
Comprising the body of this chapter is Marty’s introduction of his wife on the 20th anniversary of Woman’s Law and Public Policy Fellowship Program at the Georgetown University Law Center in 2003. By this time, the Ginsburgs had been married 49 years. Marty explained how their daughter Jane, in an interview, had described the familiar duties correctly: “[H]er father did the cooking, she explained, and her mother did the thinking” (28). In an effort to reveal the true extent of his wife’s influence, Marty read a letter describing the impact of the author’s written words on Marty’s former secretary, whose self-esteem increased dramatically simply by reading the author’s words as she typed them.
After her biographers note Ginsburg’s love of opera, the author shares an article that originated as a Chicago radio broadcast in 2015. Ginsburg describes how operas typically deal with characters who are lawyers: “[L]awyers do not fit nobly in opera plots” (33). She develops the essay into a treatise on the roles that laws and law enforcement often take in opera. From this she connects operatic characters and events to real-life individuals who become the basis for fictional people. She extends the piece into a discussion of the death penalty, expressing four reasons that the death penalty is not justified. Finally, she mentions the opera Scalia/Ginsburg, written by Derrick Wang, which deals with her multifaceted relationship with the late Justice Scalia.
Ginsburg’s biographers note that she was a close friend of Justice Scalia, who died unexpectedly on February 13, 2016. The fellowship of the two justices, as they point out, appears remarkably unlikely. The two jurists’ constitutional understandings, temperaments, and backgrounds were quite different and often completely at odds. Ginsburg, in her remembrance of Scalia, writes, “I leave to others discussion of Justice Scalia’s provocative jurisprudence and will speak here, instead, of our enduring friendship” (39). Ginsburg goes on to note that Scalia may have been an important factor in her nomination to the Supreme Court in that he told President Clinton she was the person he would most like to see filling the court’s vacancy in 1993.
One of the longest chapters in the book, Chapter 7 begins with an appreciative note from Ginsburg, expressing her love of opera and her delight in an opera revolving around her rivalry and cherished comradery with Justice Scalia. Scalia offers a brief preface, noting that he wishes he and Ginsburg could portray themselves in the opera’s production. The remainder of the chapter is a selection from the libretto of Scalia/Ginsburg. The essence of the operatic play comes in the form of a duet, “We Are Different. We Are One,” the two Justices sing in Scene 16, saying in part: “Always one decision from charting the course we will steer... / For our future / Is unclear, / But one thing is constant— / The Constitution we review / We are stewards of this trust; / Uphold it as we must, / For the work of our Court is just / Begun... / And this is why we will see justice done: / We are different; / We are one” (54-55).
With no introductory remarks from the biographers, this chapter is a description of the casual activities of the Supreme Court justices apart from their legal duties. Ginsburg describes when and where they gather, the often-invited guests who dine with them, the special parties they attend, and the travels they make in and outside of the US. She remarks, “[T]hrough it all we remain cordial and, most of the time we genuinely enjoy each other’s company” (59-60).
Part 1 reveals some of the profound, particularly negative, experiences in Ginsburg’s life that became formative as she matured. The biographers make note of injustices and inequality that she observed as a child. These include her experience of others taunting her for being Jewish in her ethnically mixed neighborhood and the refusal to allow her the right of bar mitzvah, the ritual passage into adulthood, that at the time (or in her synagogues) was traditionally reserved for young men. (In modern non-Orthodox synagogues, an equivalent ceremony for girls, called the bat mitzvah, has evolved to be more similar to the boys’ bar mitzvah.) To placate Ginsburg and the other young women her age, the girls experienced a ceremony called confirmation, something practiced in Christian denominations that was previously foreign to Jewish polity. These questionable developments occurred in contradistinction to other, meaningful cultural experiences. Ginsburg’s biographers describe her participation in the Passover feast when, as the youngest child, she performed special religious duties, and they imply that she yearned to experience more of her Jewish heritage, a lifelong source of pride for her, but was limited because of her gender.
Additionally, as Ginsburg mentions several times, her family immigrated to the US only shortly before Nazis came to power in Germany. The coauthors note that the year Ginsburg was born, 1933, was the year Hitler became chancellor, and also the year that work commenced on the first Nazi concentration camp at Dachau. They acknowledge that Ginsburg was aware of the atrocities committed by the Nazis against Polish Jews, where her mother’s family originated, and Ukrainian Jews, where her father’s family originated. The 13-year-old Ruth revealed her knowledge of this when she wrote the “One People” piece for her Jewish community: “We must never forget the horrors which our brethren were subjected to in Bergen-Belsen and other Nazi concentration camps” (16). Ironically, of all the death camps in Europe, Ruth mentions Bergen-Belsen, where Anne Frank died. It is highly unlikely that Ruth knew of Frank when she penned the article in 1946 since The Diary of Anne Frank was not available until 1947. Still, there are remarkable similarities between the two young Jewish women: Bright, literate writers, both were committed to equality for women. In Ruth’s case, the tendency toward independent thinking was fostered and reinforced by her mother, who counseled her to be self-sufficient.
Ginsburg’s studies under the tutelage of Professor Robert Cushman furthered her awareness of societal inequities. As the biographers note, Cushman was a constitutional scholar, and Ginsburg matriculated with him during the Red Scare days of Joseph McCarthy and the congressional investigations into un-American activities. Ginsburg’s letter to the Cornell student paper warning against the excesses of wiretapping without a warrant demonstrates an awareness of potential miscarriages of justice. As a young college student, versed in the history of what happened to the Jewish population in Europe, Ginsburg would be aware of how governmental intrusions could snowball into, as she mentioned in her confirmation testimony, “pogroms and denigration of one’s human worth” (182). She indicated in that speech that her parents came to the US out of foresight, implying that the family was aware of the conditions facing Jews in Europe and imparted this understanding to Ginsburg, who ultimately responded by fighting against race-based hatred and inequity as a member of the Supreme Court.
As Ginsburg matured, deciding to follow Cushman’s advice and practice law, she became more acutely aware of the gender prejudice she experienced as a girl. Her biographers observe that out of 500 students in her law school class, only nine were women. Additionally, though she graduated from Columbia tied for first in her class, no firm in New York City offered her a position because she was a woman. Ultimately, the intervention of a professor allowed her to find work clerking in the Southern District of New York federal court. The resistance to women in legal professions was not simply passive. The biographers note that in a presentation to the American Association of Law Schools in 1970, Ginsburg recommended that the schools purge their texts and classrooms of comic relief based on women in legal professions, implying that she had experienced enough bias and derogatory treatment from men in the legal professions. Thus, from the discrimination and injustice she experienced as a child, coupled with her growing awareness of institutionalized bias based on ethnicity and race, and capped by the limitations placed upon women (particularly women lawyers), Ginsburg understood the need for (and became ready to participate in the fight for) equal rights, introducing one of the book’s key themes: The Struggle of Women and Minorities for Equality.
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