How Ruth Bader Ginsburg forged a new place for women in the law and society

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Ruth Bader Ginsburg was a trailblazer in every aspect of her life and career.

Justice Ruth Bader Ginsburg’s death has generated an outpouring of grief around the globe. Part of this grief reflects her unparalleled status as a feminist icon and pioneer for women in the legal profession and beyond.future of the US Supreme Court, and indeed, the wider political landscapeIn 1956, Ms Ginsburg enrolled in Harvard Law School, one of only nine women in her year alongside about 500 men.

Although there were some concerns she was a “radical doctrinaire feminist”, her credentials were bolstered by her record on the United States Court of Appeals for the District of Columbia Circuit . While some feminists have seen much promise in the possibility for law reform, others have been more circumspect. This tension is reflected in the two-pronged strategy proposed by Professor Mari Matsuda — that there are times to “standMs Ginsburg’s legacy in life and law reflects the latter approach. Her faith in the law is reflected in her approach to standthe courtroom to transform existing legal categories. In this way, her approach was reconstructive rather than radical .

One of her most significant majority opinions in 1996 required the Virginia Military Institute to admit women. Importantly, this was because it had not been able to provide “exceedingly persuasive justification” for making distinctions on the basis of sex. Although this standard fell short of the “strict scrutiny test” required in cases involving classifications on the basis of race, it nonetheless entrenched an important equality principle.

 

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