RBG Wishes Kavanaugh's Confirmation Hearing Could Be More Like Her Own Was
"I wish I could wave a magic wand and have it go back to the way it was," Justice Ruth Bader Ginsburg said in a conversation with California Justice Goodwin Liu, one of her former law clerks.
September 13, 2018 at 11:35 AM
4 minute read
The original version of this story was published on The Recorder
U.S. Supreme Court Justice Ruth Bader Ginsburg on Wednesday criticized the confirmation proceedings for high court nominee Brett Kavanaugh as “a highly partisan show,” telling a Washington audience that she wished she could “wave a magic wand” and return to the days of a less-polarized process.
In conversation with California Supreme Court Associate Justice Goodwin Liu at a gathering of the National Asian Pacific American Bar Association, Ginsburg said “the way it was was right.” She called today's process “wrong.”
Ginsburg called her 1993 confirmation process “truly bipartisan,” noting that while her White House handlers fretted about how her 10 years of litigation work for the American Civil Liberties Union would be received, “not a single senator” grilled her about the civil liberties organization. She was confirmed on a 96-3 vote.
“That's the way it should be instead of what it's become: a highly partisan show with the Republicans moving lockstep. So do the Democrats,” Ginsburg said from on stage at The George Washington University Law School. “I wish I could wave a magic wand and have it go back to the way it was.”
Kavanaugh's confirmation, expected to be voted on by the Senate Judiciary Committee next week, has been marked by intense political division. The committee is expected to move his nomination to the full Senate floor on a party-line vote. Senate Majority Leader Mitch McConnell has said that Kavanaugh will be confirmed before the Supreme Court begins its new term next month.
Ginsburg offered no comments on Kavanaugh's qualifications or how his addition could shift a conservative-leaning court further to the right. Instead, her hour-long exchange with Liu, one of the justice's former law clerks, touched on a broad range of issues, from her thoughts on the biography “Notorious RBG“ to her thoughts on Kate McKinnon's “Ginsburned” sketch—”I think she's a very good actress”—to the #MeToo movement.
“I think it has had a huge impact,” she said of women's efforts to achieve equal pay and equal treatment in the workplace. “My hope is it will not just be Hollywood stars but it will be housekeepers at hotels, for example, and waitresses at restaurants. It was something that was hidden for too long. And now it's out in the open.”
Liu noted that three women, including Chief Justice Tani Cantil-Sakauye, serve on his own court and asked what might be different if the U.S. Supreme Court had four or five women justices. Ginsburg said that in general, diversity on the federal bench is “moving in the right direction, not as fast as you'd like.” She lamented the period when, after Justice Sandra Day O'Connor retired, she was the only woman on the high court. It gave the public “the wrong image,” she said, of “eight rather well-fed men and one little woman.”
Ginsburg cited “unconscious bias” and the need for more flexible, family-friendly workplace policies as some of the biggest obstacles to greater ethnic and gender diversity in the workplace.
When women and minorities are represented “in numbers rather than a one-at-a-time curiosity, that barrier will fall,” she said.
Noting Ginsburg's “Notorious” moniker, Liu told the justice that, he too, had been given a nickname. “You know the actress, Jennifer Lopez? She goes by J-Lo. My chief justice calls me J-Liu.”
Ginsburg laughed.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrade Fixtures In New York Eminent Domain Cases - What Qualifies and How Are They Valued?
10 minute readTrending Stories
- 1How Marsh McLennan's Small But Mighty Legal Innovation Team Builds Solutions That Bring Joy
- 2When Police Destroy Property, Is It a 'Taking'? Maybe So, Say Sotomayor, Gorsuch
- 3New York Top Court Says Clickwrap Assent Binds Plaintiff's Personal-Injury Claim to Arbitration in Uber Case
- 4'You Can’t Do a First Draft of Common Sense': Microsoft GC Jon Palmer Talks AI, Litigation, and Leadership
- 5About the Awards: Southeastern Legal Awards Q&A with Regional Managing Editor Michael Marciano
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250