Monday, August 12, 2013

Justice Ginsburg's Equal Protection Clause - Webster Williams

Professor Williams was witness to then Professor, now Justice Ruth Bader Ginsburg's ground=breaking litigation to advance the rights of women.  She set out to brick by brick breakdown the law's sex-role pigeonholing.  I recall as a student in her civ pro class at Rutgers - the People's Electric Law School - that "Ruth" set out to emulate the NAACP's step by step march to subjecting racial classifications to "strict scrutiny".   As Professor Williams observes
Prof  Professor Ruth Ginsburg didn't get everything she asked for or wanted from the conservative Burger Court of the 1970s, but she did succeed in her core effort. By 1980, the Court applied heightened, albeit not "strict," scrutiny to gender cases, and-informed by the Ginsburg analysis of the nature and harm of classifying by sex-required (with occasional lapses) that government direct its law and policy to the function to be performed rather than the sex of the performer. In mid-summer 1980, Ruth Ginsburg, her historic litigation project complete, left teaching and Columbia Law School for Washington D.C. and the judiciary.
Ruth Bader Ginsburg's Equal Protection Clause: 1970-80
by Wendy Webster Williams
 25 Columbia Journal of Gender & Law 41 (2013)
Abstract

Professor Ruth Bader Ginsburg of Columbia Law School was the leading Supreme Court litigator for gender equality in the crucial decade, 1970-80. In addition to teaching her classes, producing academic articles, and co-authoring the first casebook on sex discrimination and the law, she worked on some sixty cases (depending on how one counts), including over two dozen cases in the Supreme Court. Rumor has it she did not sleep for ten years; her prodigious output gives the rumor some credence. Her impact on the law during that critical decade earned her the title "the Thurgood Marshall of the women's movement" and secured her place in history-even before she became a federal appellate judge and Supreme Court justice.

The author devotes her allotted space to two, intimately intertwined, topics: first, Ruth Ginsburg and the Supreme Court's standard of review in sex discrimination cases, and second, the substance of Ruth Ginsburg's concept of gender equality in law.Professor Ruth Bader Ginsburg of Columbia Law School was the leading Supreme Court litigator for gender equality in the crucial decade, 1970-80. In addition to teaching her classes, producing academic articles, and co-authoring the first casebook on sex discrimination and the law, she worked on some sixty cases (depending on how one counts), including over two dozen cases in the Supreme Court. Rumor has it she did not sleep for ten years; her prodigious output gives the rumor some credence. Her impact on the law during that critical decade earned her the title "the Thurgood Marshall of the women's movement" and secured her place in history-even before she became a federal appellate judge and Supreme Court justice.
h/t Legal History Blog    'via Blog this'

No comments:

Post a Comment