September 21, 2020
Mourning the Passing of Justice Ruth Bader Ginsburg
Posted by Gerald Neuman
With the passing of Justice Ruth Bader Ginsburg, the nation and the world have lost a champion of human equality. At the Human Rights Program, we must mourn and remember while we persist.
Justice Ginsburg was a tireless defender of universal human rights. She initially gained fame as the strategist of constitutional reform for women’s equality, fighting legalized stereotypes and making clear the harm they imposed on everyone. As a judge of the D.C. Circuit (where I first met her) and as a Supreme Court Justice she kept attention on the rights of all – including women, racial minorities, religious minorities, LGBT persons, immigrants, the poor, prisoners. She sought to ensure the efficacy of antidiscrimination law and to preserve access to the courts.
Justice Ginsburg expressed her openness to the world in such ways as her refusal to confine constitutional rights within the nation’s formal borders, her willingness to learn from foreign constitutional experience, and her acceptance of self-executing treaty provisions.
Alas, as the Supreme Court shifted during her decades of service, her fidelity to a better constitutional understanding was increasingly shown in her eloquent dissenting opinions. Throughout her career, Justice Ginsburg’s dedication, skill and fortitude offered, and continue to offer, an inspiring example to all good lawyers, and especially so to human rights lawyers.
Gerald L. Neuman is the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, and the Co-Director of the Human Rights Program at HLS. He teaches human rights, constitutional law, and immigration and nationality law.