The Volokh Conspiracy
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Today in Supreme Court History: August 10, 1993
8/10/1993: Justice Ruth Bader Ginsburg takes oath.

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I love her phoniness. This is to help males, too. What a lying c-word.
I had myself a nice aged scotch to celebrate when this disgusting woman bit the dust.
Sick authoritarian nuts think alike.
This hate filled demon refused to die. She survived multiple cancer fights. I thought only a silver spike could finally end our ordeal.
It is becoming clearer why legitimate schools regret being dragged into association with this White, male, clinger blog.
Hi, Artie the Denier. You should travel 50 miles from either coasts. See that your delusions are quite false. The entire hates your woke ass.
It's too bad her ancestors weren't killed in pogroms so we wouldn't have had to deal with her evil leftist treason on the Supreme Court for 25 years.
Rejected for SC clerkship because of her gender.
Should have been rejected from SC due to her politics.
Was it William Brennan who rejected her?
http://www.feministlawprofessors.com/2010/11/guest-blogger-seth/
Frankfurter, I think. Though it wouldn't really surprise me if it was Brennan -- or indeed anyone who was on the Court in those days. It's just what men did.
It was Frankfurter.
Frankfurter? You'd never expect such a thing from him!
https://www.law.cornell.edu/supremecourt/text/335/464
"It’s just what men did."
Especially men who rewrote the laws of the states in the alleged interest of women's equality.
"There can be no doubt that our Nation has had a long and unfortunate history of sex discrimination. Traditionally, such discrimination was rationalized by an attitude of 'romantic paternalism' which, in practical effect, put women, not on a pedestal, but in a cage."
/William Brennan
https://caselaw.findlaw.com/us-supreme-court/411/677.html
Of course, it doesn't have to be either/or. I hear that in Brennan's favorite strip club, the strippers were in cages on top of pedestals.
You're clearly all shook up by this topic, but I must say I can't imagine what thread you think runs through your two different citations/condemnations?
I can't imagine what those words you strung together meant.
So, you do know Frankurter and Brennan's opinions you cited were, well, let's say in tension?
Frankfurter didn't pretend he wanted to wipe out sexism.
OK. So is Franfurter mock worthy for not pretending to be anti-sexist, Brennan mock worthy for pretending, both, what? I'm just curious what you're getting at here.
If you actually want me to give a serious answer, Frankfurter should have been open to hiring qualified women as clerks, so long as they went to the right schools. But he was right to say the 14th Amendment wasn't the ERA. You can call that mockery if you want.
Brennan wanted to impose "antisexism" on others, but it never occurred to him that those standards should apply to him. In the link I gave, one of his ex-clerks warned him that he (Brennan) might get sued himself. If you can't mock that, what *can* you mock?
OK, thanks for the serious answer. I was just honestly interested in what you were trying to say.
Enlightened nonsexist: Lousy rotten typical men and their stereotyping and sexism against women. Its just what men do.
They were right in retrospect, what a mass murdering catastrophe.
Remember, this authoritarian nut has said here more than a few times he wants mass summary executions.
"Rejected for SC clerkship" and was never heard from again.
Squee! I have a room full of RBG T-shirts, coffee mugs, coasters, pillows, paperweights, and lifesize dolls, just to show my love.
My neighbors have a little RBG memorial poster that is still on their lawn, 11 months after the fact.
"Women belong in all places where decisions are being made."
Trump Cult!
This is a bad analogy.
She was inspiring. Trump's cult is full-on going Christian nationalism around him as a God-chose figure.
Call me when thousands declare Ginsberg will save them from the satanic pedophiles who run our country.
Or when they believe full-on untruths about the election because Ginsberg told them to.
My cult good, your cult bad.
I can find plenty of examples of people who find Trump inspiring.
"God-chose figure"
Ever see the devotion candles people bought of her?
People long excluded get excited about barrier breakers. See, for example, all the Catholics who venerated JFK in what might be strange ways.
But what are Trump cultists excuse?
'I disagree, so it's bad,' is a recurring theme with you. She inspired some, she was not inspiring, which implies that she was a source of inspiration for all people. She was an activist judge, not known for dedication for universal concept of justice. Get a good brace before you dislocate that knee.
This has nothing to do with what I said.
The analogy between how people treat Trump and her remains a bad one.
“Women belong in all places where decisions are being made.”
Subject to the following exceptions and reservations:
-Women who identify as men aren't really women, but in their capacity as transmen - not as women they are entitled to harass deep-pocketed defendants in court.
-Women who identify as conservatives aren't really women, and they should just shut up and make coffee for the progressives who know what's best for them.
Conservative women who have fulfilled all feminist ideals are reviled by feminists. It proves feminism is not about women. It is about Communism.
Progressive women who have fulfilled all conservative ideas are reviled by conservatives. It proves conservatism is not about conserving, it is about Fascism.
It's funny that if one were to say "conservatives belong in all X (academic, journalistic, etc.,) places where decisions are made" I doubt Cal would find it a mock-worthy 'exception and reservation' if it was added "and no, conservatives that opposed Trump don't count."
You really seem indignant, as indicated by your reference to Trump.
Haven't you heard? He lost the election.
That's a nice dodge of the analogy (hint: the particulars of an analogy are only there to illustrate a greater point). And yet, if you want to go there, Republicans who dare criticize him get some rough treatment from the party still.
Who cares, I'm not a Republican. About the only thing good about them is they're not Democrats.
OK, you're not a Republican. But you do know there are these people who are, right? And that they often argue that conservatives need more representation *but* if you point to a never-Trumper conservative represented they say 'pshaw.'
Do they get you as angry?
Angry? I'm amusing myself.
I hope not in front of anyone.
Toobin or not Toobin? I choose not.
That's really funny. I do miss some of your funny posts on Today in Supreme Court history stuff. That robe one, lol.
Right next to the Lady Diana statues and pictures right? Cult of RBG and Diana...lovely
Now we just tell men they don't qualify for their jobs because of their gender. Maybe that is what "progress" is to these people...
Poor men, so downtrodden.
You do realize flippant responses like this are not winning the hearts and minds of anyone, right....?
I seriously doubt anything would win the hearts and minds of someone so far gone that he actually believes that men don't qualify for their jobs because of their gender.
The Volokh Conspiracy fights the good fight, for all oppressed White males in America, by being a 99 percent White, 99 percent male blog.
Damn the probabilities, this blog will stand against modernity (and progress) and for all grievance-consumed, stale-thinking White men!
Artie needs to be replaced by a black lesbian quadriplegic. Diversity is the strength of our country.
Is that finally a confession from Artie? That the whole system is designed to attack and oppress white men? I think it was....!
No one says 'you don't qualify because of your gender.' What they might say is 'we do better when we have viewpoints, understandings and representation from the many different groups we do business with and given our current line up someone from your group doesn't provide the best fit of that right now.'
I mean, to put this in the kind of tribal way many modern conservatives understand, let's say there's an academic panel to be put on with five spots. The first four spots go to liberals. Two equally qualified on paper candidates are considered for the last spot, one is liberal, the other conservative. If the the organizers say 'we should go with the conservative because they are likely to give us some diverse opinions on this' would anyone think the the panel thought the liberal didn't *qualify based on their politics?* In lots of other situations they would choose them, just not in the current context given many competing values for the overall product.
Politicians never hold *themselves* to equal-opportunity standards when making a "balanced" ticket, or appointing officials, or creating committees, etc.
If you're in politics, you're going to get buffeted by pressures from various groups who have to be appeased. The best way to appease a group is to enact policies benefiting that group, but assuming (hypothetically) you're not going to do that, you make a big deal of appointing a member of that group to a high-ranking job, in hopes the group members get such vicarious enjoyment out of "one of our own" getting a top job that they don't grumble about substantive policies which harm them.
OK, I'm gonna pull your thing upthread and just say 'I was talking about an academic panel, not politics.'
"pull your thing uphtread."
But we hardly know each other!
"I was talking about an academic panel, not politics."
In that case, when you're talking about a choice between a liberal and a conservative, you mean mean choosing between Leon Trotsky and David Brooks?
Lol. Well, there is actually a *very* significant difference between Trotsky and Brooks, I'll hope you'll agree. But, no, I can think of lots of conservative thinkers you'd probably consider authentic.
Of course, all this doesn't seem to have anything to do with my post you're responding to.
What can I say in response? I haven't done your extensive sociological research into what conservatives *really* believe in (fascism, apparently), so how can I have the sophistication to address your specific points?
"I haven’t done your extensive sociological research into what conservatives *really* believe in (fascism, apparently)"
Jesus, I was poking fun of Behar (look how it tracks his post), not part of our discussion.
Though it is interesting you took such offense at that...
That's the problem right there, I have him blocked, I can only see you.
Probably sensible of you, I can see.
He said a comment that conservative women that achieve feminist goals are derided by feminists, therefore it shows feminists really care about Communism. Stupid, as was my 'reply,' on purpose.
Well, I draw a line between acceptable trolling (like mine) and unrestrained craziness or fanaticism (I try to keep my craziness in proper bounds).
The thing is that there are real Communists just as there are real racists, but you wouldn't know it from the way these terms are just stand-ins when someone means "something undesirable." (h/t George Orwell on the use of "fascism").
Not really..Brooks isn't for a free market, free banking (ending the Fed), stopping international socialism and empire building...both are from eastern europe backgrounds. Brooks like Troysky cares about spreading his values and enriching the well connected...and destroying traditional culture/society...Brooks favors American boys dying for "international" interests/bankers...lots in common.
"Tribes" don't have the same views..its ridiculous to say we need "X" of this tribe or that...in a free country none of this should matter and govt should not discriminate or pass laws forcing people too but that's it..what occurs is progs don't get the social outcomes they want so they use govt to force tribalism..its wrong and honestly will destroy the country. And this isn't about race but culture...culture is the driving force for "unrepresented" outcomes...and everyone knows it.
So many girls murdered in the womb thanks to Ruth -- yay womyn!!!!!
Girls? What kind of dress do you buy for a 1 inch long embryo with a tail?
"There are no girls or boys here, this is a nudist colony."
Murderous biotch
Impotently seething, increasingly irrelevant, disaffected right-wingers are among my favorite culture war casualties.
Woke is a fantasy of the coastal, elite media. You have been fooled by them, Artie.
A very sad day if I recall...another far left NYC red diaper judge..just what we didn't need. Instead we need more Scalia's and Americans...those that love this country not those pushing an eastern european socialist agenda...America paid a deep price for this seat getting bought by the elites.
Reducing the set of Americans to people who agree with you is not very American.