Women In Law

"So the brunt of all these restrictive laws is on poor women. Not only if they can't pay the plane fare or the bus fare – they can't afford to take days off from work to go."

"I think society needs to be more active on this issue, I mean the truth is with all these restrictive laws, the only people who are being restricted are poor women. It's a little like divorce was in the old days, where if you had the money to go to Nevada and stay there for six weeks, you could get a divorce/ Now we have no-fault divorce in every state. So no woman of means will ever lack access to abortion in the US, because there are some states that will offer it," she said."

"One of the things that happened after Roe v Wade is that women wanted women to be able to control their own destiny. They won, so they retreated. And the other side geared up and we have the situation that we have today."

"It was lucky that I met Marty at a time when the best degree that a girl could have not her BA or her JD, it was her M-R-S."

"I have heard that there are some people on the Democratic side who would like to increase the number of judges. I think that was a bad idea... I am not at all in favor of that solution."

"I ask no favor for my sex. All I ask of our brethren is that they take their feet off our necks."

"If you want to be a true professional, you will do something outside yourself, something to repair tears in your community, something to make life a little better for people less fortunate than you. That’s what I think a meaningful life is. One lives not just for oneself but for one’s community."

"Eight is not a good number for a collegial body that sometimes disagrees."

"There's nothing in the Constitution that says the President stops being President in his last year."

"If the Senate is not acting, what can be done about it? Even if you could conceive of a testing lawsuit, what would the response be? 'Well, you want us to vote, so we'll vote no.' I do think cooler heads will prevail, I hope sooner rather than later. The president is elected for four years not three years, so the power he has in year three continues into year four. Maybe members of the Senate will wake up and appreciate that that's how it should be."

"It's a facet of the gay rights movement that people don't think about enough. Why suddenly marriage equality? Because it wasn't until 1981 that the court struck down Louisiana's "head and master rule," that the husband was head and master of the house."

"Justice O'Connor had set the model. She had breast surgery and she was on the bench nine days after her surgery. She said, 'Now, Ruth, have your chemotherapy on a Friday. That way, you have the weekend to get over it'"

"Generally change in our society is incremental. Real change, enduring change, happens one step at a time."

"To restate the key question in this case, the issue centrally debated by the parties: Absent congressional authorization, does the Elections Clause preclude the people of Arizona from creating a commission operating independently of the state legislature to establish congressional districts? The history and purpose of the Clause weigh heavily against such preclusion, as does the animating principle of our Constitution that the people themselves are the originating source of all the powers of government."

"Fight for the things that you care about, but do it in a way that will lead others to join you."

"People ask me sometimes... 'When will there be enough women on the court?' And my answer is, 'When there are nine.' People are shocked, but there'd been nine men, and nobody's ever raised a question about that."

"If you have a caring life partner, you help the other person when that person needs it. I had a life partner who thought my work was as important as his, and I think that made all the difference for me."

"The great man who led the march from Selma to Montgomery and there called for the passage of the Voting Rights Act foresaw progress, even in Alabama,” she wrote. “‘The arc of the moral universe is long,’ he said, but ‘it bends toward justice,’ if there is a steadfast commitment to see the task through to completion."

"Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet."

"Undocumented aliens unfortunately are not protected by the law and they are tremendously subjected to exploitation. The result is that they would be willing to work for a wage that no person who is welcome in our shores would, would take. I think the answer to that problem is in Congress' lap. People who have been hardworking, tax paying, those people ought to be given an opportunity to be on a track that leads towards citizenship and if that happened, then they wouldn't be prey to the employers who say "we want you because we know that you work for a salary we could not lawfully pay anyone else.""

""The women going to this law school, you will have many opportunities. What about the girl who is undereducated, drops out of school when she's a teenager and pregnant? Helping raise the level of all women is something I think women should care about."

"You're saying, no, State did two kinds of marriage, the full marriage, and then this sort of skim milk marriage."

"Nine, nine... There have been nine men there for a long, long time, right? So why not nine women?"

"JUSTICE GINSBURG: The Legislature can make the change, can facilitate the change, as laws like the Family Medical Leave Act do. But it’s not something a court can decree. A court can’t tell the man, You’ve got to do more than carry out the garbage."

"Q: You have written, “To turn in a new direction, the court first had to gain an understanding that legislation apparently designed to benefit or protect women could have the opposite effect.” The pedestal versus the cage. Has the court made that turn completely, or is there still more work to be done?"

"Q: What about the case this term involving the strip search, in school, of 13-year-old Savana Red-ding? Justice Souter’s majority opinion, finding that the strip search was unconstitutional, is very different from what I expected after oral argument, when some of the men on the court didn’t seem to see the seriousness here. Is that an example of a case when having a woman as part of the conversation was important?"

"Q: We started by talking about the idea of three or four women on the Supreme Court. Could you imagine a Supreme Court that had five or six or seven women on it?"

"Q: I wanted to ask you about the academic research on the effect of sex on judging. Studies have found a difference in the way male and female judges of similar ideologies vote in some cases. And that the presence of a woman on a panel can influence the way her male colleagues vote. How do these findings match your experience?"

"Q: You are said to have very warm relationships with your colleagues. And so I was surprised to read a comment you made in an interview in May with Joan Biskupic of USA Today. You said that when you were a young lawyer, your voice was often ignored, and then a male colleague would repeat a point you’d made, and other people would be alert to it. And then you said this still happens now at conference."

"JUSTICE GINSBURG: I think back to the days when — I don’t know who it was — when I think Truman suggested the possibility of a woman as a justice. Someone said we have these conferences and men are talking to men and sometimes we loosen our ties, sometimes even take off our shoes. The notion was that they would be inhibited from doing that if women were around. I don’t know how many times I’ve kicked off my shoes. Including the time some reporter said something like, it took me a long time to get up from the bench. They worried, was I frail? To be truthful I had kicked off my shoes, and I couldn’t find my right shoe; it traveled way underneath."

"JUSTICE GINSBURG: I always thought that there was nothing an antifeminist would want more than to have women only in women’s organizations, in their own little corner empathizing with each other and not touching a man’s world. If you’re going to change things, you have to be with the people who hold the levers."

"Q: What do you think about Judge Sotomayor’s frank remarks that she is a product of affirmative action?"

"Q: From your point of view, does having another woman on the court matter primarily in terms of the public’s perception, or also for what it feels like to be in conference and on the bench?"

"Q: Did you think that all the attention to the criticism of Sotomayor as being “bullying” or not as smart is sex-inflected? Does that have to do with the rarity of a woman in her position, and the particular challenges?"

"Q: At your confirmation hearings in 1993, you talked about how you hoped to see three or four women on the court. How do you feel about how long it has taken to see simply one more woman nominated?"

"Frankly I had thought that at the time Roe was decided, there was concern about population growth and particularly growth in populations that we don’t want to have too many of."

"Women belong in all places where decisions are being made. It shouldn't be that women are the exception."

"This way of thinking reflects ancient notions about women’s place in the family and under the Constitution — ideas that have long since been discredited."

"[L]egal challenges to undue restrictions on abortion procedures do not seek to vindicate some generalized notion of privacy; rather, they center on a woman’s autonomy to determine her life’s course, and thus to enjoy equal citizenship stature."

"Dissents speak to a future age. It's not simply to say, "My colleagues are wrong and I would do it this way." But the greatest dissents do become court opinions and gradually over time their views become the dominant view. So that's the dissenter's hope: that they are writing not for today but for tomorrow."

"In sum, the Court's conclusion that a constitutionally adequate recount is impractical is a prophecy the Court's own judgment will not allow to be tested. Such an untested prophecy should not decide the Presidency of the United States. I dissent."

"To summarize the Court's current directions for cases of official classification based on gender: Focusing on the differential treatment or denial of opportunity for which relief is sought, the reviewing court must determine whether the proffered justification is "exceedingly persuasive." The burden of justification is demanding and it rests entirely on the State. [...] The justification must be genuine, not hypothesized or invented post hoc in response to litigation. And it must not rely on overbroad generalizations about the different talents, capacities, or preferences of males and females. [...] As earlier stated, see supra, at 541-542, generalizations about "the way women are," estimates of what is appropriate for most women, no longer justify denying opportunity to women whose talent and capacity place them outside the average description."

""Inherent differences" between men and women, we have come to appreciate, remain cause for celebration, but not for denigration of the members of either sex or for artificial constraints on an individual's opportunity. Sex classifications may be used to compensate women "for particular economic disabilities [they have] suffered," Califano v. Webster, 430 U. S. 313, 320 (1977) (per curiam), to "promot[e] equal employment opportunity," see California Fed. Sav. & Loan Assn. v. Guerra, 479 U. S. 272, 289 (1987), to advance full development of the talent and capacities of our Nation's people. But such classifications may not be used, as they once were, see Goesaert, 335 U. S., at 467, to create or perpetuate the legal, social, and economic inferiority of women."

"Neither federal nor state government acts compatibly with equal protection when a law or official policy denies to women, simply because they are women, full citizenship stature — equal opportunity to aspire, achieve, participate in and contribute to society based on their individual talents and capacities."

"Defenders of sex-based government action must demonstrate an exceedingly persuasive justification for that action to make that demonstration. The defender of a gender line must show at least that the talents classification served important governmental objective and that any discriminatory mean employed is substantively related to the achievement of those objectives. The heightened review standard applicable to sex-based classification does not make a proscribed classification but it does mark as presumptively invalid incompatible with equal protection a law or official policy that denies to women simply because they are women equal opportunity to aspire, achieve, participate in, and contribute to society based upon what they can do. Under this exacting standard reliance on overbroad generalization typically male or typically female tendency estimates about the way most women or most men are will not suffice to deny opportunity to women whose talent and capacity place them outside the average description. As this Court said in Mississippi University for women against Hogan some 14 years ago state actors may not close entrance gates based on fixed notions concerning their roles and abilities of males and females."

"Let me try to state in a nutshell how I view the work of judging. My approach, I believe, is neither liberal nor conservative. Rather, it is rooted in the place of the judiciary, of judges, in our democratic society. The Constitution’s preamble speaks first of we, the people, and then of their elected representatives. The judiciary is third in line and it is placed apart from the political fray so that its members can judge fairly, impartially, in accordance with the law, and without fear about the animosity of any pressure group. In Alexander Hamilton’s words, “The mission of judges is to secure a steady, upright, and impartial administration of the laws.” I would add that the judge should carry out that function without fanfare, but with due care. She should decide the case before her without reaching out to cover cases not yet seen. She should be ever mindful as judge. And then Justice Benjamin Nathan Cardozo said, “Justice is not to be taken by storm. She is to be wooed by slow advances.”"

"The decision whether or not to bear a child is central to a woman’s life, to her well-being and dignity. It is a decision she must make for herself. When Government controls that decision for her, she is being treated as less than a fully adult human responsible for her own choices."

"So all three strands were involved in Captain Struck’s case. The main emphasis was on her equality as a woman vis-à-vis a man who was equally responsible for the conception, and on her personal choice, which the Government said she could not have unless she gave up her career in the service. In that case, all three strands were involved: her equality right, her right to decide for herself whether she was going to bear the child, and her religious belief. So it was never an either/or matter, one rather than the other. It was always recognition that one thing that conspicuously distinguishes women from men is that only women become pregnant; and if you subject a woman to disadvantageous treatment on the basis of her pregnant status, which was what was happening to Captain Struck, you would be denying her equal treatment under the law…"

"It is essential to woman’s equality with man that she be the decisionmaker, that her choice be controlling. If you impose restraints that impede her choice, you are disadvantaging her because of her sex."

"Abortion prohibition by the State, however, controls women and denies them full autonomy and full equality with men. That was the idea I tried to express in the lecture to which you referred."