Justice Sandra Day O’Connor: For both men and women the first step in getting power is to become visible to others, and then to put on an impressive show. . . . As women achieve power, the barriers will fall. As society sees what women can do, as women see what women can do, there will be more women out there doing things, and we’ll all be better off for it.XII
American lawyer and jurist (1933–2020)
Ruth Joan Bader Ginsburg (March 15, 1933 – September 18, 2020) was an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She was the second female justice (after Sandra Day O'Connor) and was one of three female justices serving on the Supreme Court (along with Sonia Sotomayor and Elena Kagan). She was generally viewed as belonging to the liberal wing of the Court. Before becoming a judge, Ginsburg spent a considerable portion of her legal career as an advocate for the advancement of women's rights as a constitutional principle. She advocated as a volunteer lawyer for the American Civil Liberties Union and was a member of its board of directors and one of its general counsel in the 1970s. She was a professor at Rutgers School of Law–Newark and Columbia Law School. Ginsburg died on September 18, 2020.
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Overall, the Court's Roe position is weakened, I believe, by the opinion's concentration on a medically approved autonomy idea, to the exclusion of a constitutionally based sex-equality perspective. I understand the view that for political reasons the reproductive autonomy controversy should be isolated from the general debate on equal rights, responsibilities, and opportunities for women and men.
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The seven to two judgment in Roe v. Wade declared “violative of the Due Process Clause of the Fourteenth Amendment” a Texas criminal abortion statute that intolerably shackled a woman’s autonomy; the Texas law “except[ed] from criminality only a life-saving procedure on behalf of the [pregnant woman].” Suppose the Court had stopped there, rightly declaring unconstitutional the most extreme brand of law in the nation, and had not gone on, as the Court did in Roe, to fashion a regime blanketing the subject, a set of rules that displaced virtually every state law then in force. Would there have been the twenty-year controversy we have witnessed, reflected most recently in the Supreme Court’s splintered decision in Planned Parenthood v. Casey? A less encompassing Roe, one that merely struck down the extreme Texas law and went no further on that day, I believe and will summarize why, might have served to reduce rather than to fuel controversy.
If the Senate is not acting, what can be done about it? Even if you could conceive of a testing lawsuit, what would the response be? 'Well, you want us to vote, so we'll vote no.' I do think cooler heads will prevail, I hope sooner rather than later. The president is elected for four years not three years, so the power he has in year three continues into year four. Maybe members of the Senate will wake up and appreciate that that's how it should be.
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