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                  Resarh Service





The Death of Justice Ruth Bader Ginsburg:

Initial Considerations for Congress



September 21, 2020
On September 18, 2020, Justice Ruth Bader Ginsburg, the second woman to serve on the Supreme Court
of the United States, passed away at the age of eighty-seven, vacating a seat on the High Court that she
had held for twenty-seven years. Nominated to replace Justice Byron White in 1993, Justice Ginsburg
already had a trailblazing career as a law school professor; Supreme Court litigator; co-founder of the
.American Civil Liberties U-nion's Women's Rights Project; and judge on the U.S. Court of Appeals for
the D.C. Circuit (D.C. Circuit) for thirteen years. Several of her opinions have been consequential,
including her 1996 majority opinion in United States v. J'irginia, holding that women could not be denied
admission to the Virginia Military Institute on the basis of their sex. Justice Brett Kavanaugh said in a
recent statement that no Americ an has ever done more than Justice Ginsburg to ensure equaljustic e
under law for women.
Justice Ginsburg was also noted for her pointed dissents, including in Shelby Countny v. Holder (2013),
where the Court struck down a key provision of the Voting Rights Act of 1965, and in Ledbetter v.
Goodvear Thr & Rubber Go. (2007), where the Court rejected a Title VII employment discrimination
claim. In more recent years, Justice Ginsburg gained recognition in popular culture, becoming known by
the moniker the notorious RBG. She was the subject of books, movies, and an opera, and in 2015, was
named one of Time magazine's one hundred most influential people.
But popular characterizations of Justice Ginsburg as a liberal firebrand, frequently at odds with the
Court's conservative wing, may paint an incomplete picture of the Justice's tenure on the Court.
According to one study, Justice Ginsburg authored more majority opinions than any other Justice on the
bench during the same period as her. And despite attention garnered by her dissents, Justice Ginsburg
authored fewer dissents than Justices Stephen Breyer, Antonin Scalia, John Paul Stevens, and Clarence
Thomas during that time. Justice Ginsburg's majority opinions, moreover, rarely involved closely divided
disputes on hot-button social and political topics. Instead, these (frequently unanimous) opinions
addressed more esoteric issues like securities law (e.g., ie/lahs, Jm,. v. Makor Jss.-ues & Right5, Ltd
(2007)), criminal sentencing procedures (e.g., Ring v Arizona (2002)), and various complex civil
procedure issues (e.g., Goodyear Dunlop 77res Operations, S.A. v. Biown (2011); Exxon Mobil Cop. v.
Saudi Basicindustrics Corp. (2005); Porter v. Nussle (2002); New Jlanwshia v. Maine (2001); A mchem
Products, inco v. Wndsor (1997)).

                                                              Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                  LSB10537

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