Ruth Bader Ginsburg
Just a Quirk
March 18, 1996
On January 29, in the Lehrman Auditorium at the Heritage Foundation, Pat Buchanan delivered a lecture called "Ending Judicial Dictatorship." The published version of the speech contains no footnotes, and Buchanan never indicated at the time that the ideas were not his own. In fact, the speech was written by William J. Quirk, a law professor at the University of South Carolina and co-author of Judicial Dictatorship (Transaction, 1995). It's a cut-and-paste job in which Quirk reproduced entire paragraphs from his book, and Buchanan cheerfully repeated them.
Like Race, Like Gender?
February 19, 1996
As the Supreme Court ponders whether the Virginia Military Institute and the Citadel can continue to exclude women, the legal battles have become a time-lapse photograph of the generational war among feminists. In the current issue of Dissent, Catharine Stimpson argues that "Shannon Faulkner ...
The Forgotten Formalist
December 05, 1994
Hugo Black: A Biography by Roger K. Newman (Pantheon, 741 pp., $30) On February 17, 1960, at New York University, Justice Hugo Black defended his judicial philosophy against the sneers of Felix Frankfurter and Learned Hand. "Some people regard the prohibitions of the Constitution ... as mere admonitions which Congress need not always observe," said Black in backhanded response to Hand's lectures at Harvard two years earlier. This approach, which "comes close to the English doctrine of legislative omnipotence," Black could not accept.
July 11, 1994
Jeffrey Rosen offers his take on the prospective Justice Breyer.
May 16, 1994
Last week's j.e.b. decision should have been the dramatic highlight of an otherwise dull Supreme Court term, especially for those who have been waiting for Ruth Bader Ginsburg to find her voice. The outcome of the case, which forbids prosecutors from peremptorily excluding jurors on the basis of sex, was never really in doubt.
May 02, 1994
George Mitchell's withdrawal of his Supreme Court candidacy leaves the White House with a list of familiar names, many of them left over from the search that ended with the selection of Ruth Bader Ginsburg last year. Stephen Breyer of Boston and Amalya Kearse of New York are back in the running (see "The List," TNR, May 10, 1993). The leading contenders this week, however, seem to be Jose Cabranes of Connecticut, Drew Days, the U.S. solicitor-general, and Richard Arnold of Arkansas. While Days and Cabranes are able legal thinkers, Arnold is, on the merits, the best person for the job.
Boys and Girls
February 14, 1994
Last week, with William Rehnquist's provisional consent, Shannon Faulkner became the first woman in 150 years to attend classes at The Citadel, a public military college in South Carolina. "This is just another case in a long series of cases over the last twenty years or so which have expanded opportunities for women and said they're entitled to an equal opportunity," Helen Neuborne of the now Legal Defense Fund told cnn.
Sodom and Demurrer
November 29, 1993
Courtroom Three, on the second floor of the Denver City and County Building, is a neoclassical jewel, with its mustard walls and gray Vermont marble and polished oak backboard. It is a platonic ideal of a courtroom, which is perhaps why Viacom commandeered it in the mid-1980s to film several episodes of the new "Perry Mason." At the producers' behest, local architects installed a pair of ornate, but scarcely functional, beaux arts chandeliers; and their dim orange glow makes it hard for the judge to see the witnesses without squinting.
November 01, 1993
The lingering questions of the Thomas and Ginsburg hearings anxiously converged in a sexual harassment case before the Court this week. Can sexual banter in the workplace be punished if it offends women without affecting their job performance? And are men's and women's perspectives about sex so vastly different that women need special protection from the vulgarity of men?
The Book Of Ruth
August 02, 1993
A few days alter the president nominated her to the Supreme Court, Ruth Bader Ginsburg received a fax from a member of the Rotary Club in Bernardsville, New Jersey.