Having just celebrated her 78th birthday on March 15, there has long been speculation that Ruth Bader Ginsburg would leave the United States Supreme Court. Internet betting sites that provide odds on such things make her the 5 to 1 “favorite” as the Justice most likely to next leave the Court. Ginsburg herself keeps her cards close to the vest on the possibility.
Ruth Bader Ginsburg was born on March 15, 1933 and, in 1993, became the first Jewish woman, and second woman in history, appointed to the Supreme Court. She is a graduate of Columbia Law School, having attended her first two years of law school at Harvard. She was on the law review of both schools.
Prior to her appointment to the District of Columbia Circuit Court of Appeals by President Jimmy Carter, Ginsburg made a name for herself promoting gender equality and arguing several major gender discrimination cases before the Supreme Court. She co-founded the “Women’s Rights Law Reporter” and co-founded the Women’s Rights Project at the American Civil Liberties Union. In the 1970’s Ginsburg served on the Board of Directors of the ACLU and was one of the organization’s general counsel.
On the Court, she has continued to be an advocate for gender equality, arguing for strict scrutiny treatment of equal protection issues involving gender discrimination. She is a strong supporter of abortion rights, but has criticized the decision in Roe v. Wade. She has said she believes that Roe interfered with a growing democratic movement to legalize abortion that would have had a more meaningful long term impact on the issue.
Generally considered part of the Court’s liberal wing, Ginsburg joins conservative opinions from time to time, though usually not on issues related to civil liberties or gender issues. Though far apart philosophically, her closest colleague on the Court socially is Antonin Scalia. They have been known to regularly dine and attend the opera together.
Ginsburg is a two time cancer survivor, colon cancer in 1999 and pancreatic cancer in 2009. Following surgery for pancreatic cancer, she spent eight days in the hospital. Four days after her release she was back on the bench hearing oral argument.
On the subject of retirement, Ginsburg said in 2010 that she believed her continued service on the Court helped her deal with the death of her husband, Martin, a noted tax attorney. At the same time she hinted that she would remain on the bench until at least 2012. She has also suggested that Justice Louis Brandeis set a proper example retiring at 85. That would be 2018 for Ginsburg.
Despite these clues it is unlikely that Ginsburg wants to risk being replaced by a Republican president. She is no doubt aware of the historical dangers of resigning in an election year. In 1968, then Chief Justice Earl Warren resigned to allow Lyndon Johnson to name his replacement. Johnson’s nominee was not confirmed, and Richard Nixon appointed Warren’s replacement the next year. Watch the next 30 to 90 days. If Ginsburg does choose to resign, a toss up prediction at this point, that’s the time frame in which it should happen to allow President Obama to appoint a replacement before the beginning of the Court’s next term in October.
Contributor, aka tidbits. Retired attorney in complex litigation, death penalty defense and constitutional law. Former Nat’l Board Chair: Alzheimer’s Association. Served on multiple political campaigns, including two for U.S. Senator Mark O. Hatfield (R-OR). Contributing author to three legal books and multiple legal publications.