By Kaveri Pillai ’23
Staff Writer
Sept. 18, 2020 seemed to cast a shadow on all those preparing themselves for the revival of American democracy. Sadness, confusion — probably the first few emotions that clouded my mind when I read about Justice Ruth Bader Ginsburg’s passing. However, my social media platforms managed to turn this grief into frustration and anger.
My classmates’ posts from all over the world overcrowded my social media feed. The first few stories honored “The Notorious RBG’s” legacy and her contributions in the field of justice, but they didn’t seem to overpower the content that was fueled by irritation and sheer distaste in the 87-year-old associate justice’s work. It was surprising to see so many students my age flood Instagram with posts saying that “RBG could have done better.” These posts were created and shared by those who were focused on simply replacing her now vacant Supreme Court seat, preferably with a left-leaning candidate.
I understand the importance of moving on and focusing on the future of how rights are addressed and how inclusive our legislation will be, yet this blatant neglect of Ginsburg’s contributions undermines her legacy.
The 2020 presidential election is being viewed as the turning point for the United States. CNN confirmed President Donald Trump’s Supreme Court nomination of Amy Coney Barrett a few days after Ginsburg’s death. While one could have anticipated this strategic move from the Trump administration, it is worth seeing how Democratic voters have responded. Over the past few years, the Supreme Court has been divided into right- and left-wing groups, making the last standing apolitical branch political. With Barrett taking anti-abortion, ambivalent LGBTQ+ and pro-gun stances, she is being seen as the antithesis of what Ginsburg stood for. Her possible win could most certainly make it the most conservative Supreme Court since the 1930s.
As much as I understand the dangers of a 6-3 highly polarized Supreme Court, I can’t seem to put aside my respect for RBG. Not just her role and position as a justice, but as a woman who fought for change. She is the reason why gender discrimination was addressed as a clear violation of the 15th Amendment that supposedly champions equal protection. Anybody can be a caregiver or a breadwinner, regardless of their gender, a point that took Ginsburg decades to popularize. Does it really hurt to celebrate the woman she was? And can we take a second away from the scheming and focus on altruistic gratefulness for her service?
With the current political and social climate in the U.S. drawing attention to the non inclusive environment we have created for many marginalized groups, many young voters argue that Ginsburg didn’t do enough. Her propagation of white feminism and her Supreme Court rulings catered to white women and disadvantaged women of color. American lawyer, activist and scholar Kimberlé Crenshaw, in her argument for promoting intersectionality, spoke about the “double jeopardy” faced by Black women in which they appear to be fighting for their race and gender. This ideology has been seconded by all the posts that demand Ginsburg supporters own up to her mistakes.
Can one person really fight for every cause under the sun in a just manner? Can real change only be made in small steps? As a young advocate for civil liberties in the 1970s, Ginsburg’s first step for achieving gender equality was to establish precedence that this gender discrimination existed. Califano v. Goldfarb and Moritz v. Commissioner echo her fight for the right to fair survival conditions for women. It makes this hatred look severely gendered. If it were a man who fought for a few monumental causes, he’d be praised. Are we more critical of the lack of holistic approach to law taken by Ginsburg because she is a woman? And is it truly fair to spend days that should be spent honoring her cherry-picking her achievements?
Ginsburg was more than just an American justice; she shaped how we view women’s rights all over the world. By remembering the woman she was and the legacy she left behind, we will get the closure required to ensure that the administration and the Supreme Court we get post-November is just and fair to all.