The transformation of Justice Ginsburg

[babylonsister]

http://www.boston.com/news/globe/editorial_opinion/oped/articles/2007/06/29/the_transformation_of_justice_ginsburg/

The transformation of Justice Ginsburg

By Ellen Goodman | June 29, 2007

snip//
After her confirmation by a margin of 97-3, Ginsburg was still called "a partisan of judicial restraint." Not for her were the outbursts of friend and fellow opera buff Antonin Scalia. She sought to lower the acrimony. The flashiest decision she wrote was for the seven justices who struck down the all-male Virginia Military Institute.

But this year we are witnessing -- what shall we call it? -- the radicalization of Ruth Bader Ginsburg? The transformation of the 74-year-old justice who is watching a court undo her life's work? When I Grow Old, I Shall Wear Purple?

This is the first year since Sandra Day O'Connor's retirement. As Ginsburg said of O'Connor, "We divide on a lot of important questions, but we have had the experience of growing up women and we have certain sensitivities that our male colleagues lack." Now the "only woman" is clear about how this feels: "The word I would use to describe my position on the bench is lonely."

If O'Connor's exit makes a difference personally, it makes more of a difference judicially. So, twice this term, when the 5-4 majority of the Roberts court dropped its opinions like cluster bombs on the road she paved, Ginsburg took the unusual stance of reading her powerful dissents, slowly, unequivocally, and aloud in the courtroom.

snip//


I once called O'Connor the justice of the peace. She tried to reduce conflict even when it meant denying conflict. What now of Ginsburg, the justice of the moderate? "She's still a voice of moderation," says Yale Law School's Judith Resnik. "It's the court that has become radical."

So as this court session ends, Ruth Bader Ginsburg raised the decibel level and the alarm. At 74, she may find her most powerful role in dissent. The way-paver is fast becoming a wave-maker.

[MADem]

1. "The word I would use to describe my position on the bench is lonely."

Lord love her...hope she has good clerks who help and have positive personalities to keep her cheered up and motivated.

The court hasn't just become 'radical'--it's become batshit fucking crazy. Another BushCo 'success' story....

[BlackHawk706867]

2. My biggest hope is that she hangs in there until Jan 09 so that...

if she does step down hopefully we will have a Democrat in the WH to at least nominate a like replacement for her.

ww

[yurbud]

3. this is another reason why Kerry should have fought for the White House to the bitter end

Roberts has shed even the pretense of moderation and Alito didn't even bother to pretend to believe in three co-equal branches during his confirmation.