Book cover of Notorious RBG by Irin Carmon

Notorious RBG

by Irin Carmon

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Introduction

In 2013, an unexpected phenomenon swept across the internet. Ruth Bader Ginsburg, an 80-year-old Supreme Court Justice, became an unlikely pop culture icon. Millennials, inspired by her fiery liberal dissents, transformed her into an internet sensation. It all started when Shana Knizhnik, a young NYU law student, created a Tumblr tribute page called "Notorious R.B.G." – a playful nod to the late rapper Notorious B.I.G.

This book, "Notorious RBG" by Irin Carmon, delves into the life and legacy of this remarkable woman. It explores how a quiet, hardworking lawyer from Brooklyn became a cultural phenomenon and a symbol of justice and equality. Through her journey, we see the evolution of women's rights in America and the ongoing struggle for equality under the law.

Early Life and Education

A Brooklyn Childhood

Ruth Bader Ginsburg, known as "Kiki" in her youth, was born on March 15, 1933, in Brooklyn's Flatbush neighborhood. Her childhood was a mix of normalcy and tragedy. Growing up in a time when prejudice against Jews was common, RBG still remembers her early years fondly.

Her mother, Celia Amster Bader, was a first-generation American who had excelled in high school but never attended college. Instead, she worked as a bookkeeper and used her income to help fund her brother's education at Cornell. This experience shaped Celia's views on education, and she instilled a love of learning in her daughter, hoping that Kiki would have the opportunities she never had.

Young Kiki was a quiet but popular girl who loved spending time at the library. She was particularly fond of Nancy Drew mystery novels, admiring the protagonist's independence and adventurous spirit. Kiki also attended summer camp and played the cello, leading a fairly typical childhood for the time.

However, tragedy struck the family when Kiki was just two years old. Her older sister, Marylyn, died from meningitis. Later, when Kiki was 13, her mother was diagnosed with cervical cancer. Not wanting to burden others with her family's struggles, Kiki kept these painful experiences to herself.

Lessons from Her Mother

Despite her early death, Celia left a lasting impact on her daughter. Two pieces of advice from her mother would guide RBG throughout her life:

  1. Be a lady: This didn't mean being dainty or submissive, but rather maintaining composure and not letting emotions like anger or envy control her actions.

  2. Be independent: Celia emphasized the importance of self-reliance and had secretly saved an additional $8,000 for her daughter's education.

These lessons would prove invaluable in RBG's future career, helping her navigate the challenges of a male-dominated legal world with grace and determination.

Cornell University

RBG's academic prowess earned her multiple scholarships to Cornell University. However, her college experience began on a somber note – her mother passed away the night before her high school graduation, preventing RBG from attending the ceremony.

At Cornell in the 1950s, the ratio of men to women was four to one. RBG quickly noticed that many of her female peers, despite being intelligent, often downplayed their intellect in pursuit of finding a husband – the so-called "MRS. degree." RBG, however, was different. She focused intensely on her studies, even sneaking books into the bathroom during sorority parties to study.

It was at Cornell that RBG's interest in law and social justice began to take shape. She majored in government and studied constitutional law under the renowned professor Robert E. Cushman. This experience opened her eyes to aspects of American society she hadn't previously considered, such as the segregation of the U.S. Army until the end of World War II.

During the Red Scare, RBG witnessed the injustice of a Cornell professor being stripped of his teaching duties for protecting the identities of his fellow Marxist study group members. This incident, coupled with her work assisting Professor Cushman on an exhibition about censorship, led RBG to consider a career in law as a means to help society and fight injustice.

Meeting Marty Ginsburg

Amidst her academic pursuits, RBG met the man who would become her life partner and biggest supporter – Martin "Marty" Ginsburg. Unlike other young men she had encountered, Marty was the first to truly appreciate and respect her intelligence.

Their relationship blossomed, and they married shortly after RBG's graduation from Cornell in 1954. The wedding was a small affair with just 18 guests, symbolizing the Jewish number for life. This union would prove to be a partnership of equals, with Marty supporting RBG's ambitions every step of the way.

The Path to Law

Harvard Law School

RBG's journey to becoming a lawyer wasn't straightforward. After her marriage to Marty, the couple spent two years at Fort Sills U.S. Army base in Oklahoma, where Marty was stationed. During this time, RBG experienced her first taste of workplace discrimination. After mentioning her pregnancy while applying for a government job, she was immediately relegated to the lowest-ranking position and barred from any job training that could lead to promotion.

In 1956, RBG finally began her studies at Harvard Law School, one of only nine women in her class. The challenges of being a woman in a male-dominated institution were immediately apparent. She was unable to borrow books from the university's Lamont Library because women weren't allowed to enter. Moreover, she was juggling her studies with caring for her young daughter, Jane, born in the summer of 1955.

Despite these obstacles, RBG excelled academically. She made the prestigious Law Review, an achievement that even her husband Marty hadn't accomplished. Her ability to balance motherhood and rigorous academic work foreshadowed the determination and work ethic that would define her career.

Overcoming Personal Challenges

RBG's resilience was put to the test during her second year at Harvard when Marty was diagnosed with testicular cancer. Having already lost her mother to cancer, RBG was determined not to let the disease derail her husband's future. She took on the Herculean task of keeping Marty on track with his studies while maintaining her own academic excellence.

RBG would attend Marty's classes, take detailed notes, and help him dictate his papers late into the night. Only after Marty fell asleep around 2 a.m. would she start her own work. During this period, she discovered she could function on just two hours of sleep – a skill that would serve her well in her future career.

Thanks to RBG's unwavering support, Marty graduated and secured a job as a tax attorney in New York City. With his health still precarious, RBG made the decision to prioritize their family's unity. She transferred to Columbia Law School to complete her studies, where she continued to excel academically. At Columbia, she once again made the Law Review and tied for first place in her graduating class.

Early Career and Discrimination

The Struggle for Employment

Despite graduating at the top of her class from Columbia Law School, RBG faced significant challenges in finding employment. The legal profession was still largely unwelcoming to women, and even with glowing recommendations from her professors, she was refused a clerkship by Supreme Court Associate Justice Felix Frankfurter.

This rejection, while disappointing, didn't come as a surprise to RBG. She was well aware of the barriers women faced in the legal profession. However, her Columbia constitutional law professor, Gerald Gunther, was determined to secure her a position. He approached federal judge Edmund L. Palmieri with an unusual proposition: he would find a male replacement if RBG couldn't keep up with her responsibilities while caring for her child. Gunther even went so far as to say that if the judge didn't hire her, he would never recommend another clerk again.

This persistence paid off, and RBG began a two-year clerkship with Judge Palmieri. Her performance during this time proved that she was more than capable of balancing her professional and personal responsibilities.

Expanding Horizons in Sweden

In 1961, after successfully completing her clerkship, RBG accepted an invitation to spend two years in Sweden co-writing a book about the country's judicial system. This opportunity allowed her to test her independence and exposed her to a different societal approach to gender roles.

In Sweden, RBG observed women in the workforce beginning to demand change. Swedish women argued that their prescribed gender roles meant they were expected to both hold a job and raise children – the latter being something they felt wasn't biologically tied to having a child. This experience broadened RBG's perspective on gender equality and would later influence her approach to fighting gender discrimination in the United States.

Teaching and Pregnancy Discrimination

Upon returning to the United States, RBG began teaching classes at Columbia to improve her public speaking skills. In 1963, she accepted a full-time teaching position at Rutgers School of Law, becoming only the second woman to do so.

It was during this time that RBG discovered she was pregnant with her second child. Having experienced discrimination due to pregnancy before, she made the strategic decision to keep her condition a secret until after her contract was renewed. This experience highlighted the widespread issue of pregnancy discrimination, as laws in most states at the time allowed employers to fire women for being pregnant.

The Fight for Gender Equality

The Women's Rights Movement

The 1970s marked a significant shift in American society as women began to challenge the discrimination they faced and reject their prescribed domestic roles. Drawing inspiration from the civil rights movement of the 1960s, women took to the streets to demand equal rights as citizens.

While RBG wasn't one to participate in street protests, she found her own way to contribute to the fight for women's rights. Her approach was more subtle but no less impactful – she would use her legal expertise to challenge gender discrimination through the courts.

The ACLU Women's Rights Project

Inspired by her students' involvement in the women's rights movement, RBG began offering a course on gender and law at Rutgers. She also volunteered as a lawyer for the American Civil Liberties Union (ACLU), where she started examining complaint letters from women facing various forms of discrimination.

In 1971, RBG volunteered to write the brief for Reed v. Reed, a landmark case challenging a state law that automatically preferred men over women as estate administrators. RBG's strategy was to educate the judges about the pervasive nature of gender discrimination in American society. She argued that laws restricting women's political or economic activity were often viewed as protective, while similar laws applied to racial or ethnic minorities would be considered unlawful.

RBG's work on Reed v. Reed was successful, but she knew it was just the beginning. In 1972, she co-founded the ACLU's Women's Rights Project (WRP) with a three-pronged mission:

  1. Educate the public about sex discrimination
  2. Change laws to give women equal rights as citizens
  3. Support individuals in bringing their cases to court

As the head of the WRP, RBG argued her first case before the Supreme Court in 1973. In Frontiero v. Richardson, she defended U.S. Air Force lieutenant Sharron Frontiero, who had been denied family benefits based on her gender. RBG's arguments led to a victory for Frontiero, with the court ruling that her work benefits for her family were equally important as those of her male colleagues.

Expanding the Fight for Gender Equality

RBG's fight for gender equality wasn't limited to women's rights. In 1975, she represented Stephen Wiesenfeld, a widower who had been denied Social Security benefits to support his infant child because he was a man. The case, Weinberger v. Wiesenfeld, provided RBG with an opportunity to demonstrate that gender discrimination negatively impacted everyone, not just women.

This case marked the beginning of a strategy that would define RBG's approach to fighting discrimination. She believed that lasting change happened through incremental steps, by slowly chipping away at discriminatory laws and practices. This methodical approach would become her hallmark in the years to come.

Rise to the Supreme Court

Columbia Law School and the D.C. Circuit

In 1972, RBG accepted a tenured professorship at Columbia Law School, becoming the first woman to hold such a position at the institution. True to her nature, she immediately used her new position to challenge gender discrimination within the university. She helped female employees at Columbia win a class-action lawsuit for equal pension benefits and pay.

RBG's career took a significant turn in 1980 when President Jimmy Carter nominated her to the United States Court of Appeals for the D.C. Circuit. During her time on the D.C. Circuit, RBG gained a reputation as a moderate judge who focused on finding compromises wherever possible. While the work was often less exciting than her previous roles, the position was known to be a stepping stone to the Supreme Court.

The Path to the Supreme Court

When President Bill Clinton was looking to appoint a new Supreme Court Justice in 1993, RBG's name wasn't initially at the top of the list. It was her husband, Marty, who took the initiative to promote her candidacy. Using his connections as a successful New York tax lawyer, Marty worked tirelessly to bring RBG to Clinton's attention.

Fate intervened when Clinton's preferred nominee, Mario Cuomo, withdrew from consideration. RBG was brought in for an interview, and within minutes, Clinton was impressed by her potential. He nominated her to be the new justice, and the Senate confirmed her with an overwhelming 96 to 3 vote. With this appointment, RBG became only the second woman in U.S. history to sit on the Supreme Court.

Early Years on the Supreme Court

In her early days as a Supreme Court Justice, RBG maintained her reputation as a moderate. Her approach was to find consensus with her fellow judges and move the court forward incrementally rather than pushing for sweeping changes. However, she didn't shy away from opportunities to continue her work for women's rights.

A significant moment came in 1996 with the case of United States v. Virginia. The case challenged the exclusion of women from the Virginia Military Institute. RBG took on the assumption that women weren't capable of being worthy students at the academy and supported the women who wanted to attend. In her opinion, she educated her fellow justices about why there was no justification for excluding women. This case foreshadowed the role she would play over the next two decades, often serving as a voice for equality and justice on the nation's highest court.

Personal Life and Relationships

Marriage to Marty Ginsburg

RBG's relationship with her husband, Marty Ginsburg, was a cornerstone of her personal and professional life. Their marriage, which lasted over five decades, was characterized by mutual respect and support. Just as RBG had left Harvard to support Marty's career early in their marriage, he reciprocated by relocating his career when she was appointed to the D.C. Circuit.

Marty's support for RBG's career was unwavering and multifaceted. He took on domestic responsibilities that were uncommon for men of his generation, such as cooking dinner (an area where he admittedly had more talent than RBG) and ensuring she maintained a healthy work-life balance. When RBG was diagnosed with colorectal cancer in 1999, Marty's care and support were crucial to her recovery.

Their relationship became a shining example of a progressive family structure, with Marty fully supporting RBG's career even as it eclipsed his own. RBG often referred to Marty as her life partner, crediting his sense of humor for complementing her more serious demeanor. Marty's death from metastatic cancer in 2010 was one of the most profound losses in RBG's life.

Friendships on the Bench

Despite the often contentious nature of Supreme Court deliberations, RBG formed close friendships with several of her fellow justices. Her friendship with Sandra Day O'Connor, the first woman to serve on the Supreme Court, was particularly noteworthy. When RBG was diagnosed with cancer, it was O'Connor who advised her to schedule her chemotherapy treatments on Fridays to allow for weekend recovery, enabling RBG to maintain her presence on the bench throughout her treatment.

Perhaps more surprising was RBG's close friendship with conservative Justice Antonin Scalia. Despite their stark ideological differences, the two bonded over their shared passion for opera. Their ability to maintain a warm personal relationship while often being on opposite sides of legal arguments became a much-admired example of civility in an increasingly polarized political landscape.

The Dissenter

The Shift in the Supreme Court

RBG's role on the Supreme Court underwent a significant transformation during the presidency of George W. Bush. With Bush's appointment of two conservative justices, the court's ideological balance shifted decidedly to the right. By 2006, RBG found herself as one of the most liberal voices among the nine justices.

This shift in the court's composition led to a change in RBG's approach. While she had always preferred to find consensus and move the court forward incrementally, she now found herself increasingly in the position of having to dissent from the majority opinions.

Notable Dissents

RBG's dissents became known for their passion, clarity, and often fiery rhetoric. She developed a reputation for delivering powerful arguments against decisions she felt were unjust or regressive. Some of her most notable dissents include:

  1. Bush v. Gore (2000): RBG was one of four justices to dissent against the decision that effectively decided the 2000 presidential election in favor of George W. Bush.

  2. Gonzales v. Carhart (2007): In this case involving restrictions on partial-birth abortion, RBG delivered a scathing dissent, arguing that the court's decision undermined women's reproductive rights.

  3. Ledbetter v. Goodyear (2007): RBG dissented against the court's decision that limited the ability of employees to sue for pay discrimination based on gender.

  4. Burwell v. Hobby Lobby Stores (2013): She disagreed with the majority ruling that allowed employers to deny insurance coverage for birth control on religious grounds.

  5. Shelby County v. Holder (2013): In one of her most famous dissents, RBG argued against the dismantling of key provisions of the Voting Rights Act, comparing the decision to "throwing away your umbrella in a rainstorm because you are not getting wet."

The Dissent Necklace

RBG's dissents became so well-known that she developed a visual cue to signal when she was about to deliver one. She began wearing a particular necklace – a bib necklace made of glass beads on velvet, which she had received as a gift at a Glamour Women of the Year event. This "dissent necklace" became a symbol recognized by her supporters, who would eagerly anticipate her powerful arguments whenever they saw her wearing it.

The Pop Culture Icon

The Birth of "Notorious RBG"

In 2013, at the age of 80, RBG experienced an unexpected surge in popularity, particularly among younger generations. It began with her dissent in the Shelby County v. Holder case, which struck down key provisions of the Voting Rights Act. RBG's passionate defense of voting rights resonated with many, especially millennials who were becoming increasingly engaged in social and political issues.

Inspired by her incisive dissents and her lifelong fight for equality, law student Shana Knizhnik created a Tumblr blog called "Notorious R.B.G." – a play on the name of rapper Notorious B.I.G. The blog, which featured memes, quotes, and tributes to RBG, quickly went viral.

The Internet Sensation

The "Notorious RBG" phenomenon spread rapidly across social media platforms. Memes featuring RBG wearing a crown and her dissent necklace, coupled with slogans like "Can't Spell Truth Without Ruth," became ubiquitous online. Her image appeared on t-shirts, tote bags, and even inspired tattoos.

RBG's newfound fame extended beyond the internet. She became a recurring character on Saturday Night Live, portrayed by Kate McKinnon, and was the subject of several documentaries and books. Her life story even inspired an opera, "Scalia/Ginsburg," which playfully explored her friendship with Justice Antonin Scalia.

RBG's Response

Initially, RBG was surprised by her sudden pop culture status. However, she embraced her new role with characteristic grace and humor. She even acknowledged the similarities with her namesake, Notorious B.I.G., quipping that they were both born and bred in Brooklyn.

This unexpected fame allowed RBG to reach a broader audience with her message of equality and justice. She began giving more public speeches and interviews, using her platform to educate younger generations about the ongoing fight for civil rights and gender equality.

Legacy and Impact

Influence on Women's Rights

RBG's impact on women's rights in the United States cannot be overstated. Throughout her career, from her early days as a lawyer to her tenure on the Supreme Court, she consistently fought against gender discrimination and for equal rights under the law.

Her work with the ACLU Women's Rights Project in the 1970s laid the groundwork for many of the legal protections women enjoy today. She strategically chose cases that highlighted the absurdity of gender-based discrimination, often representing male plaintiffs to demonstrate that such discrimination harmed everyone, not just women.

On the Supreme Court, RBG continued to be a strong voice for gender equality. Her majority opinions and dissents alike have shaped the legal landscape, influencing everything from workplace discrimination laws to reproductive rights.

Inspiration to Future Generations

RBG's life story – from her humble beginnings in Brooklyn to becoming the second woman on the Supreme Court – has inspired countless individuals, particularly young women. Her perseverance in the face of personal and professional challenges, her dedication to justice, and her unwavering commitment to equality have made her a role model for many.

Law schools across the country have seen an increase in female applicants, with many citing RBG as their inspiration. Her famous quote, "Women belong in all places where decisions are being made," has become a rallying cry for gender equality in all spheres of life.

The Ongoing Fight for Equality

Even as she became a cultural icon in her later years, RBG never lost sight of the work that still needed to be done. She continued to use her position on the Supreme Court to advocate for justice and equality, often through her powerful dissents.

RBG's approach to creating change – through incremental steps and strategic legal arguments – has influenced a generation of lawyers and activists. She demonstrated that progress often comes not through sweeping revolutions, but through persistent, dedicated work within the system.

Final Thoughts

Ruth Bader Ginsburg's journey from a quiet, studious girl in Brooklyn to a pop culture icon and one of the most influential jurists in American history is a testament to the power of perseverance, intellect, and unwavering commitment to justice.

Throughout her career, RBG faced numerous challenges – from blatant gender discrimination in her early years to health issues and the loss of her beloved husband later in life. Yet, she met each obstacle with grace, determination, and her characteristic calm demeanor.

RBG's legacy extends far beyond her legal opinions. She became a symbol of resilience and progress, inspiring millions with her tireless work ethic and her passionate defense of equality under the law. Her life serves as a reminder that one person, armed with conviction and dedication, can indeed change the world.

As we reflect on the life of the "Notorious RBG," we are reminded of the ongoing nature of the fight for equality and justice. RBG's work has laid a strong foundation, but it is up to future generations to build upon it, ensuring that her vision of a more just and equitable society continues to move forward.

In the words of RBG herself, "Real change, enduring change, happens one step at a time." Her life and career embodied this philosophy, and her impact will continue to be felt for generations to come.

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