Ruth Bader Ginsburg: The Good, The Bad, & The Aftermath
Words by Kazi Maisha
Graphic by Aspasia Celia Tsampas
On September 18, thousands gathered near the steps of the Supreme Court to mourn the loss of a champion of race and gender equality, the notorious Ruth Bader Ginsburg (RBG). Many people held out handwritten posters, thanking RBG for her accomplishments as a federal judge and activist. Many recounted her controversial political views that have normalized colonial violence. Others shared their qualms for the future. What happens now that she is gone?
Her Legacy
Photo courtesy of The Cut
One can argue that her legacy is the capability of many people to act beyond stereotyped gender norms today. Today, it is normal to see men staying at home and taking on domestic roles. And it is also normal to see women receiving advanced education and pursuing careers. As an ACLU activist, feminist, and Supreme Court justice, RBG was known for constantly trying to erase the division between a “man’s work” and a “woman’s work.” She primarily fought against gender discrimination by focusing on how inequalities harmed men. She took on this unusual approach to dismantling gender disparities because she felt that the majority male population of justices on the Supreme Court would more sympathetically view a man’s problem. As a result, she believed that they would begin to see how these discriminatory rules are unfair. This strategy was not in vain, as many non-discriminatory laws were pushed due to her support. These laws include the legality of same-sex marriage and abortions. Beyond her victories in the sex-based discrimination realm, she also passionately fought for the LGBTQ+ community, undocumented people, and underserved people.
Her Controversial Viewpoints
It is very easy to begin to idolize RBG when one reads of her legacy. After all, her achievements are impressive, and as a passionate girl who wants to do more than solely stereotypical domestic chores, I know that I have RBG to thank. Upon hearing of her passing, I went on social media and had my feed flooded with tributary posts. Many posts have demonstrated her as “iconic,” “a hero,” “a great,” and “an angel.” However, there is more to the story than meets the eye. RBG approved gas pipelines that have devastated poor communities and lands (particularly those of indigenous people), voted to fast track asylum seeker deportations, and fought for police immunity. If we begin to view her beyond her pop-icon and celebrity status and see her as the human she is, it is not surprising to find that no human is perfect. While we praise her for her contributions to blurring the distinction between what makes a man and what makes a woman, it is important to remember the decisions she has made to propagate colonial violence against BIPOC.
Moving Forward
Many people are worried about the vacancy left in the Supreme Court after her passing, and their worries are, arguably, for very good reason. Days before her death, RBG told her granddaughter Clara Spera, "My most fervent wish is that I will not be replaced until a new president is installed." She was not only the leader of the liberal faction of justices, but she was also the Associate Chief Justice, having controlled votes in very closely contested cases. With RBG gone, it is unclear whether rulings such as that in Roe v. Wade (the right to an abortion) will last. A politically conservative replacement would place the sixth conservative on the court, allowing the conservatives to more easily have the majority vote in hearings. Understanding this predicament, many conservatives have vouched to have her replaced by a nominee chosen by President Trump and Senate Republicans before the unpredictable November 3rd election. Others have argued that she should be replaced after the presidential inauguration in January. Seeing that President Trump has already nominated Amy Coney Barrett to replace RBG, we may have the former justice be replaced before the election. This replacement truly depends on external parties now, as the Senate assigns the candidate to the judiciary committee which then oversees a hearing. This hearing includes background checks, calling witnesses, determining the rules, and then questioning the nominee herself. This process usually takes one to three months, but given the quickly impending election, it would not be surprising to see conservatives hasten it.
As a fierce feminist, the thought of having cases like Roe v. Wade being overturned makes me anxious. That is why it is important to vote for politicians that you feel truly represent your beliefs. Please do not forget to vote this November.
