General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsUntil recently, I was not aware that some here are "not admirers" of the late Ruth Bader Ginzburg.
Last edited Thu Jan 19, 2023, 11:59 AM - Edit history (1)
Some apparently "blame" her for not resigning during President Obama's eight years and, thus, imposing Justice Amy Cody Barrett on the nation.
Did not EVERYONE "know" that there was no way Trump would win the 2016 election?
Is it not reasonable that this diminutive champion of womens' rights fully expected to resign when she could be replaced by the first female POTUS?
I understand that every great person has their flaws and few political icons are as good as they are portrayed by admirers anxious to hold them up as stellar examples, but this woman's life, fairly assessed, contained far more extraordinary goodness than any jurist in recent memory. Nearly all women owe her debts they can never repay.
So, this old white non-Jewish man continues to be genuinely awed by her lifetime of accomplishments and I am somewhat saddened by those who "blame" her for Justice Barrett and feel that wipes out her legacy.
FlyingPiggy
(3,406 posts)Look what happened when scotus scalia passed away. The republican controlled senate would not allow obama to nominate Merrick Garland. People not supporting RBG are myopic to think she was power hungry or would not want to retire.
markodochartaigh
(1,262 posts)nominee. This was so far from precedent, so far outside the rules that no one outside of Republican leadership could have predicted it. Maybe, and in my opinion probably, if anyone outside of Republican leadership had any idea of their plan it would be a supreme court justice. If RBG had heard whispers of their plan likely she wouldn't have said anything because it would have seemed so unbelievable, and there would be no way to prove it until after she was dead. This may seem like a conspiracy theory, but if anyone doesn't believe that our oiligarchs conspire behind closed doors to run society in their own best interests, well I know the perfect presidential candidate for them.
Response to Atticus (Original post)
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brooklynite
(95,418 posts)There was only a brief time during President Obama's tenure when we had the HOUSE. We had the Senate for six of his eight years.
niyad
(114,632 posts)dpibel
(2,946 posts)There was only a brief time during President Obama's tenure when Democrats had a filibuster-proof majority in the Senate.
And one of those 60 votes was Joe Lieberman, the quisling role model for Joe Manchin and Kyrsten Sinema.
And a mere Democratic majority was meaningless, as the filibuster still applied to Supreme Court justices.
So your "incorrect" is correct, but functionally of no matter.
brooklynite
(95,418 posts)And the filibuster for SC nominees was lifted in 2013. It also wasn't applied by the Republicans to the nomination of Sotomayor or Souter.
tritsofme
(17,546 posts)After the first rules change, the fuse was lit, and the ability to filibuster SCOTUS nominees existed only theoretically.
Woodswalker
(549 posts)now cost the American people for generations to come. Kinda erases everything she accomplished.
secondwind
(16,903 posts)Ferrets are Cool
(21,140 posts)Response to secondwind (Reply #11)
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Hekate
(91,502 posts)Response to Hekate (Reply #72)
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unweird
(2,610 posts)But you do you.
rubbersole
(6,845 posts)McConnell was majority leader. Disingenuous lying traitor, but majority leader. He wouldn't have brought her chosen replacement up for a vote. Her accomplishments are unparalleled.
tritsofme
(17,546 posts)StoolPigeon
(145 posts)With that logic we will all be failures one day.
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Hekate
(91,502 posts)Response to Hekate (Reply #59)
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Hekate
(91,502 posts)Have you thought of taking this show in the road?
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BannonsLiver
(16,646 posts)She was always a little overrated.
BannonsLiver
(16,646 posts)brooklynite
(95,418 posts)Some apparently feel only absolutist positions are possible.
Atticus
(15,124 posts)erases "everything she accomplished". THAT is "absolutist" and, in my opinion, grossly unfair.
Renew Deal
(81,948 posts)ShazzieB
(16,866 posts)dem4decades
(11,369 posts)Sympthsical
(9,238 posts)Think of someone who grows up, works hard, succeeds in life and becomes a doctor. They save lives, are admired by the community, and contribute a great deal.
Then at a Christmas party, they have one or two too many, get behind the wheel, and accidentally kill a family.
One mistake can be all it takes to upend a lifetime spent doing good works. It can be what tarnishes a legacy.
RBG was an amazing woman. She had a brilliant mind, broke a lot of barriers, and could have left a legacy for the ages.
She rolled the dice, with her health and with an American electorate that can literally do anything at any given time. She lost. Saying, "She wanted the first female POTUS to select her successor," isn't a good excuse. That's vanity. President Obama himself understood the risks and was trying to influence her to retire.
Politics are never ever a guaranteed thing. Everyone did not know that a Republican couldn't win in 2016 - even factoring for Trump. I kept telling many people it was easily possible and that I didn't like how things were shaping up. Plenty of other people did, too. That some quarters decided they didn't want to listen is neither here nor there. ("Thanks for your concern!" and "We don't need you" and "It's in the bag" are phrases that should never be uttered for the rest of time by some people).
It's unfortunate. It doesn't diminish RBG's accomplishments. No one can take those accomplishments away from her. She deserves to be admired for all she achieved in her life.
However. When assessing what her legacy is, that refusal to retire knowing the unpredictability of elections and her own health issues will be a giant black asterisk next to it. People may not like that, but it is what it is. She made her choices.
Renew Deal
(81,948 posts)And obviously it was too much for her. It does not diminish her legacy but it also cannot be ignored.
Sympthsical
(9,238 posts)I think the idea of waiting for the first female president is the kind of consideration only someone at that level could engage in. I think for most, they'd be looking at their own health, the possibilities and risks, and the effects of that risk-taking.
I don't dislike RBG much less hate her. She was an amazing person whose name will be remembered when we teach our history.
But . . . things could've ended better. The irony is too great to not have commentary about. A barrier-breaking woman ascending to the highest level and playing that role in bringing all women closer to equality. Then one bad choice and, well, women are now worse off in part because of it.
That is some O. Henry shit.
Joinfortmill
(14,712 posts)Sympthsical
(9,238 posts)Everyone had their role to play in how we are where we are. I'm certainly not denying that.
tritsofme
(17,546 posts)dpibel
(2,946 posts)The window of time during which Ginsburg could have cravenly hung on because "the first female POTUS" was not much different from the window of time during which Merrick Garland got not so much as an interview with Mitch McConnell.
It may be legit to say that Ginsburg should have retired early in Obama's tenure, when he got Kagan and Sotomayor onto the the court.
But that's not the same as saying, "Once it became clear Hillary was sure to be elected, Ginsburg was just hanging in out of hubris" ignores the clear facts of the matter.
Sympthsical
(9,238 posts)That is when President Obama was trying to get her to step down.
We still had control of the Senate.
81 years old and already having suffered multiple bouts with cancer is not "retiring early" under anyone's definition of the term. It was was making a choice with known risks.
I am not the one who keeps using "waiting for Hillary" as a valid understandable excuse for the choice. You'd have to take that one up with the people who keep pushing it.
A truly admirable person and outstanding jurist, but that does not mean we cant at least disagree with her decision to not retire in order to ensure that another similarly inclined individual succeed her.
dlk
(11,684 posts)Sadly, it has never really left and women are usually judged more harshly than men. No doubt Ginsburg was hoping to have the honor and privilege of serving with the first woman president.
Cuthbert Allgood
(5,032 posts)It's not because she's a woman. Justices have had pressure to retire for a long time.
dlk
(11,684 posts)This was about the negativity directed toward RBG for not retiring sooner.
NoRethugFriends
(2,412 posts)But of course in general there is a double standard for women
dlk
(11,684 posts)I expressed my thoughts, although you may disagree
NoRethugFriends
(2,412 posts)There are tons of things where women suffer from a double standard. It's not this one.
live love laugh
(13,353 posts)And who foresaw the unprecedented Trump or McConnell?
getagrip_already
(15,276 posts)She had plenty of time in his admin under a dem senate to resign. She knew she had very little time left.
She held on for her own reasons, and it was her right, but it will be her failure as well.
Response to live love laugh (Reply #17)
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live love laugh
(13,353 posts)Response to live love laugh (Reply #63)
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live love laugh
(13,353 posts)twodogsbarking
(10,207 posts)DownriverDem
(6,266 posts)they want old people to go away. They think young folks with no experiece is the way to go. Not this voter. Their views are divisive and not welcomed by many. They lack history and context.
NoRethugFriends
(2,412 posts)Has to do with keeping the court as liberal s possible.
tritsofme
(17,546 posts)We still did end up with young folks with no experience but instead of a brilliant jurist in the mold of Justice Jackson, we got Barrett. And that is a direct result of Ginsbergs choices.
Joinfortmill
(14,712 posts)But, I'm just one old gal who lived during a time when women were second class citizens in the U.S.A.
This is who Ruth Bader Ginsberg was: https://achievement.org/achiever/ruth-bader-ginsburg/
'In 1970, Ginsburg co-founded The Womens Rights Law Reporter, the first law journal in the United States devoted to gender equality issues. Two years later, she moved from Rutgers to Columbia University Law School, and became the first woman to receive tenure there. In 1973, she argued her first case before the United States Supreme Court. After the American Civil Liberties Union referred a number of sex discrimination complaints to her, she founded the ACLUs Womens Rights Project. She became the projects general counsel, as well as serving on the national board of the ACLU. At the time, she was writing the first textbook on sex discrimination law, Text, Cases, and Materials on Sex-Based Discrimination, published in 1974.'
CTyankee
(63,977 posts)meet with the head of the Women's Rights Project of the ACLU. I was introduced by the project's director.
She was held in awe by the women there.
Joinfortmill
(14,712 posts)Farmer-Rick
(10,334 posts)Simply for her dissenting opinion in Bush v Gore. This was where the Supremes went off the rails. She tried to keep them on track.
milestogo
(16,829 posts)and my guide - a young, black, South African man - started talking about her. He said she was one of his heroes. It blew me away.
Scrivener7
(51,203 posts)I took a lot of heat for saying that at the time. No doubt I'll take that heat again.
So be it.
Gore1FL
(21,240 posts)ColinC
(8,424 posts)Dems had enough seats to confirm her in a lame duck session.
All of this is hindsight 20/20 of course. Nobody could have been so sure she wouldnt make it to a Dem senate and president. Nor did they anticipate the GOP going to the unprecedented extremes to keep the court as they did.
Response to Gore1FL (Reply #30)
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onenote
(43,156 posts)As has been pointed out numerous times.
Gore1FL
(21,240 posts)Autumn
(45,136 posts)they should have to apply for the job just as if it were a government job. No president should be appointing them, they should be hired and fired on their own merits and no appointment should be for life. At one time it made sense because there were few educated people. Now they are a dime a dozen.
LiberalFighter
(51,971 posts)Autumn
(45,136 posts)Assault weapons and here we fucking are. Slaughters damn near every day. The constitution established the court and Congress can change it if they want.
Response to Autumn (Reply #42)
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Autumn
(45,136 posts)"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it.
I posted MY opinion of that court and it's occupants. I didn't say that was how it had to be, I see that court as irrelevant, nothing holy or great about it. It's outdated bullshit. I see no point in discussing my opinion with you. You disagree with my opinion of how it should be, that's fine. Time to move on. Have a nice day.
Response to Autumn (Reply #54)
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Autumn
(45,136 posts)wrong with it. What I get from Article III, Section I, is that it permits Congress to decide how to organize it. It's an out dated organization and should be changed.
That is my opinion only.
onenote
(43,156 posts)Article II, Section 2, Clause 2
[the President shall] nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the Supreme Court....
Autumn
(45,136 posts)changed and I believe that Congress can change it. They have in the past.
The Justices
Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats on the Court was fixed at nine. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court. Like all federal judges, justices are appointed by the President and are confirmed by the Senate. They, typically, hold office for life. The salaries of the justices cannot be decreased during their term of office. These restrictions are meant to protect the independence of the judiciary from the political branches of government.
https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about#:~:text=Article%20III%2C%20Section%20I%20states,decide%20how%20to%20organize%20it.
COL Mustard
(6,096 posts)Its established in the Constitution. It can and should be expanded so that one Justice oversees each judicial circuit, in my opinion.
Autumn
(45,136 posts)The republican senators and some Presidents have weaponized that court.
LiberalFighter
(51,971 posts)Too many do not understand the process involved.
getagrip_already
(15,276 posts)So yeah, we kind of fo know the process.
Barret was nominated at the end of september 2020. She was confirmed before October was out. Roughly 30 days.
Yeah, the mysterious process.
ColinC
(8,424 posts)I am a fan of hers but her decision to not retire had some horrible consequences
Elessar Zappa
(14,252 posts)AND wish she would have retired earlier. But it certainly doesnt take anything away from her awesome legacy.
Ferrets are Cool
(21,140 posts)live love laugh
(13,353 posts)Hekate
(91,502 posts)Ferrets are Cool
(21,140 posts)it does disappoint sometimes.
tritsofme
(17,546 posts)I dont see the conflict.
bluescribbler
(2,146 posts)For Clarence Thomas.
tritsofme
(17,546 posts)By the time he retired, not in good health, there hadnt been a Democratic president in 11 years.
Even though it makes some folks angry, its a good example of why someone like Sotomayor should seriously consider retirement in the next two years. It could very easily be a long time before Democrats control both the WH and the Senate.
jaxexpat
(7,012 posts)if she'd have resigned in 2013 or 14. Was there some monumental accomplishment she managed during her last years that erases the lamentable results of her predictable and untimely death?
It's the bird in the hand equation, you see.
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Response to Atticus (Original post)
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ForgedCrank
(1,813 posts)the philosophy that demands we accept everyone either completely, or not at all.
Since we are dealing with free thinking human beings, we are going to disagree with every single person on this planet on at least one subject. That doesn't mean I reject the person entirely. Just because I was an admirer of her work does not mean I must pretend to agree with what I would consider mistakes.
I find this manner of thinking to be quite counter-productive.
Just A Box Of Rain
(5,104 posts)lostnfound
(16,236 posts)An example of vitality far into old age. She worked very hard to stay healthy, as well. Not like some of the slovenly old fellows on the other side of the aisle.
WA-03 Democrat
(3,083 posts)In retrospect, I am sure she would have retired during Obama and a Democratic Senate. This would take the ability to know the future. Who here thought before 2014 that Russia would attack us and install Trump? Who here saw the rise of fascism in the United States? I used to take Democracy for granted. I did not see this coming and I don't anyone that did. Battles that we won with a ton of blood and treasure are having to fought again. Freedom is not free.
Seeing the future is hard and if you can let me know so we can plan a quick trip to Las Vegas and make a killing.
Warpy
(111,690 posts)all her life for her place in the legal profession. Having achieved what she did at the time she did it, she was not going to relinquish it for purely political reasons. I don't fault her for staying on the bench. I admire her for it, as ill as she was.
There is no way TFG should have been President. James FUCKING Comey threw him the presidency by fanning the flames of a fake Clinton scandal. He should forever live in infamy for that, sitting next to Benedict Arnold in opprobrium.
But Ginsburg? No. She hung on as long as she could. She fought for us until the end.
Thomas and Justice Beer Me are both vulnerable to investigation. I would hope such investigations are being done. Otherwise, we're going to have to start showing up at Democratic meet & greets and pressing them on increasing the number of justices. The present court is a religious tribunal. It should not stand.
News Junkie
(312 posts)It can be both, right?
BannonsLiver
(16,646 posts)Skittles
(153,708 posts)yes INDEED
Celerity
(44,342 posts)Hekate
(91,502 posts)Crawling out of the woodwork to spit on her grave. All of them with the power of prognostication, and willing to lay the blame for our insane High Court squarely on the shoulders of not Mitch McConnell or any of the GOP presidents who put assholes on the bench but one woman who gave her life for truth and justice.
A Space-X launch woke me up, and I ask myself, why was my first action to drop by DU?
Sympthsical
(9,238 posts)And if he feels she should have, as we have learned in recent years, is President Obama spitting on her grave?
It's possible to admire someone and simultaneously feel they made a big mistake.
Why is everything all or nothing all of the time with people? It sounds so exhausting.
Hekate
(91,502 posts)Are these rational critiques, Sympthsical?
Sounds more like all or nothing in condemnation.
Sympthsical
(9,238 posts)All or nothing veneration. That's what's allowed.
I'm sorry, but no public figure in service to the people should be held up in such a way. If saying someone made a mistake is enough to trigger, some examination has to happen. To say that a human being in such a vaunted position wouldn't be capable of ego or hubris is hagiography instead of reflection.
I do not think the mistake eliminates all she did. She is too accomplished to have all that she's done overshadowed by one bad choice. However, it's not realistic to act as if that legacy did not gather some shadows by how it ended. I know a lot of women who feel that way given what followed. I, as a male, am not going to jump on them about how they're feeling. I'm certainly not going to lecture someone whose basic rights were stripped away at the end of a chain of events that included the foreseeable mistake. You didn't have to be psychic to understand the risks. You merely had to be ordinarily prescient.
People are pissed. RBG is getting maybe 1% of it. And maybe that's a rational percentage. Roe did not get overturned in a vacuum.
And saying so doesn't take away from the fact that she is one of the most accomplished American women we've ever had the good fortune to have.
Atticus
(15,124 posts)I have to ask if you read the OP, specifically the 4th paragraph.
If you were referring to other posts, I am fine with that.
It is your right to disagree with any post so long as you accurately characterize it.
Upthevibe
(8,178 posts).............Great post to generate an important discussion.
I adored RBG and have for many years. Her impact can't be "taken away". One needs only to google her list of accomplishments/decisions to understand how she influenced the direction of our country.
In addition to my gratefulness and my reverence for her, I'm also extremely disappointed that she chose not to retire. President Obama had a majority in the Senate in 2012, 2013, and 2014 (I'm only looking at the latest years we had control with President Obama). We lost the majority starting in 2015 (from the 11/14 election).
She FOR SURE should have retired after we lost control in the November, 2014 election for the session starting in 2015. I don't think the Republicans would have had any mechanisms to prevent an Obama nominee from going through.
We have to play chess! We can't take knives to a gun fight! I realize I'm using worn out idioms but (IMHO) they are completely on point.
Torchlight
(3,617 posts)Who are then forced into little more than vague accusations by those very accomplishments. Not nearly as rare as I once thought watching who tries to gather figs from thistles.
BannonsLiver
(16,646 posts)They have the seat, we have a cult of personality. Greaaaaaaat.
BannonsLiver
(16,646 posts)Emile
(23,919 posts)liberal_mama
(1,495 posts)Now we're screwed and Roe is gone. Who knows what else these Trump judges will do to us?
Sky Jewels
(7,278 posts)Voltaire2
(13,639 posts)What I don't do is engage in hero worship where certain people are above any criticism, as that is a fascist mindset.
In It to Win It
(8,436 posts)She almost made it, but it wasn't enough in the end.
If keeping her on life support was possible...
We could dream.
Autumn
(45,136 posts)pancreatic cancer?? Really?
In It to Win It
(8,436 posts)Since we are talking about the period of time she was pressured to retire.
Autumn
(45,136 posts)In It to Win It
(8,436 posts)that she would have died just before the 2020 election.
Autumn
(45,136 posts)she had two cancerous nodules removed from her lung.
pnwmom
(109,050 posts)should have counted on that.
pnwmom
(109,050 posts)which is very serious.
She even addressed this publicly, since so many were urging her to retire. She said she wasn't going to because she didn't think Obama would appoint anyone as good as she was. He got Sotomayor and Kagan through, but she didn't trust him to find a good replacement for her.
So, thanks to her ego, we ended up with one more far right Justice on the Supreme Court.
Demsrule86
(69,058 posts)resigned after we lost the House and before 2014 when we lost the Senate. Sadly much of her hard work will be undone by the criminal court we have now.
Upthevibe
(8,178 posts)I think we had the Senate through 2014 but lost during the midterms in 11/14 with the new Republican led session starting in 2015.
A possibly incalculable amount of damage could be done because she didn't retire. I wish someone could have convinced her. Undoubtedly, woman and girls will die because of the overturning of Roe V. Wade....
I_UndergroundPanther
(12,594 posts)She is one of my heros. Period.
And her collar necklaces that reminded me of the coolness of egyptian art I loved seeing her in different ones. If I was in the
SC ,I'd continue Ruth's tradition and wear all kinds of funky collar necklaces and use her arguments and rulings as a reference on every decision.
Coventina
(27,269 posts)People are more than one thing.
I can say she was wrong about not retiring.
Doesn't mean I don't admire all the good she did.
pnwmom
(109,050 posts)She helped pave the way for Amy Comey Barrett.
treestar
(82,383 posts)if she had lived just a little longer, Biden would have been President when she left us.
Then nobody would be saying this about her.
Seeking Serenity
(2,845 posts)were required to admire.
grantcart
(53,061 posts)Justice Ginsburg was a mature responsible adult that weighed the risk and reward of a decision.
The risk was great and the reward was personal and symbolic.
Clearly she made the wrong decision and it jeopardized an important principle for a personal vanity.
It does not however undermine any of her great accomplishments and I seriously doubt your allegation that there is a large number of people here who suggest that.
It does serve as an important lesson that we can all learn from to avoid the sentimental path and stick to advancing principle over personal interests.
In a similar vein any one who suffers from the kind of memory affliction that Senator Feinstein dies should not continue in office. We would ridicule it if a Republican did it and we should apply the same standard.
Personally I think that a 35 year old Ginsburg would have a much different take on the question than Justice Ginsburg did at the end of her life.
pnwmom
(109,050 posts)It was clear that we were going to lose the Senate, and that meant Obama wouldn't be able to get any good nominee through. The time to do that was in his first term, while we still controlled the Senate.
But she refused to retire, saying that she didn't think Obama would appoint anyone as good as she was. Apparently Sotomayor and Sagan weren't good enough for her.