The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

My statement for Politico Magazine on Justice Ginsburg's Death

"The only consolation for this sad moment is that Justice Ginsburg can now be reunited with her beloved husband, Martin Ginsburg. I hope she can soon enjoy a performance of The Marriage of Figaro at the big opera house in the sky--with her old pal Justice Scalia humming along."

|

I submitted this statement to Politico Magazine. It will probably run later tonight, or perhaps tomorrow, with some edits.

On September 17, we marked the 233rd anniversary of the signing of the Constitution. Tonight, on September 18, we mourn the passing of a constitutional giant. Throughout her remarkable career, Justice Ruth Bader Ginsburg left an indelible mark on how our Constitution is understood. As an attorney, she litigated the landmark gender equality cases. Her strategy was simple but momentous: make the all-male Supreme Court understand why the government should not discriminate against people bcause of their sex. As a Supreme Court Justice, she eloquently and persuasively articulated her constitutional vision for nearly three decades. As a colleague she modeled civility, even with her jurisprudential foes. It is well known that she became dear friends with Justice Scalia. And as a pop icon, she inspired a generation of young women to aspire for greatness. May her memory be a blessing. The only consolation for this sad moment is that Justice Ginsburg can now be reunited with her beloved husband, Martin Ginsburg. I hope she can soon enjoy a performance of The Marriage of Figaro at the big opera house in the sky–with her old pal Justice Scalia humming along.

Update: Here is my interview on Al Jazeera:

NEXT: Justice Ruth Bader Ginsburg Has Died

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.

Please to post comments

6 responses to “My statement for Politico Magazine on Justice Ginsburg's Death

  1. I admire her achievements. I have trouble getting past her iron clad belief that it was ok to judicially impose her views on the rest of the world. I still consider that one of the few unforgivable sins of a jurist. she was a total bad ass – that is to be admired. her approach and her ideals fell far short.

    1. Ha! you really haven’t read her decisions then. Plus every jurist on the court has imposed their beliefs on the nation.
      Scalia– Bush v. Gore, decided an election; Argued for the congruent and proportional standard fro section 5 of the 14 amendments when no text, history, or legislative history show that Congress intended to limit its power to enforce the 14th amendment.
      Thomas– Walker v. Texas Division, Sons of Confederate Veterans; essentially a case were Thomas infringed on people free speech because he didn’t like the confederate flag and their beliefs.
      Roberts– with his daca case, and the affordable care act; come on either uphold it as legitimate under the commerce clause or have the balls to strike it down.
      Alito: Snyder v. Phelps he dissents; Westboro baptist church case dealing with a free speech where his past as a military/ prosecutor he dissented saying it wasn’t speech; literally said protesting wasn’t speech in order to try to stop the Westboro baptist church. Not to mention in numerous criminal law cases were Ginsburg and Scalia agree he has voted against them because he has consistently tried to lower the rights of the accused in favor of prosecutors and the police.

      So stop the crap. If it is an unforgivable sin you must hate all of the above justices.

  2. “The only consolation for this sad moment is that Justice Ginsburg can now be reunited with her beloved husband, Martin Ginsburg. I hope she can soon enjoy a performance of The Marriage of Figaro at the big opera house in the sky–with her old pal Justice Scalia humming along.”

    That is very sweet!

  3. OK I give Josh props for this statement and also for appearing on Al Jazeera.

  4. That was nice. I’m sure she does not appreciate (being dead) the afterlife she likely (as a Jew) did not believe in. But you go.

    1. Well considering its blackman; im just glad he didnt say she’s burning in hell because of her jurisprudence.