excuses himself to go to the bathroom.
When he returns, neither of us refers to the moment before. He asks if I want to walk with him the few blocks to his home and, as we chat, we end up talking again about the Yankee game he attended a few days ago. âI didnât have any identity onâneither a Yankee hat nor a Red Sox hat,â he says, âand this one woman said, âAre you neutral?â And before I could stop myself, I said, âNo, Iâm Jewish.ââ He chuckles. âThat would never have happened a bunch of years ago. Some part of me wants to advertise it now. Finally.â
Ruth Bader Ginsburg
JUSTICE RUTH BADER GINSBURG HAS A RUN in her stocking, which, I must admit, puts me at ease. Itâs my first time in a U.S. Supreme Court Justiceâs chambersâeven that word, âchambers,â conveys hushed, erudite activityâand itâs strangely comforting to see that this tiny woman with the giant intellect gets runs in her hose like the rest of us. âWhy donât we just sit here.â She gestures to a couch in her sitting area.
Ginsburg, often described as small and soft-spoken, appears almost miniaturized in her sizable office space, formerly occupied by the late Thurgood Marshall. Dressed all in blackâslacks, blouse, stockings, sandals, a shawl draped around her shouldersâshe looks like a frail Spanish widow rather than one of the nine most powerful jurists in the land.
But itâs clear that despite her petite frame, small voice, and a recent battle with colon cancer, Ginsburgâage seventy when we meet, the second woman on the bench in the courtâs history and its first Jewish member since Abe Fortasâis formidable. She tells one story that illustrates her intrepid style: âMy first year here, the court clerk, who is just a very fine fellow, came to me and said, âEvery year we get letters from Orthodox Jews who would like to have a Supreme Court membership certificate that doesnât say
In the year of our Lord
. [Sheâs referring to the certificate lawyers receive when they become members of the Supreme Court bar.] So I said, âI agree; if they donât want that, they shouldnât have it.â
âSo I checked to see what the federal courts and circuit courts were doing and discovered, to my horror, that in my thirteen years on the D.C. circuit, the membership certificate has always said
In the year of our Lord
. So I spoke to the chief judges of all the circuits, and some of them had already made the change, others were glad to make the change. Then I came to my Chief and said, âAll the other circuits give people a choice.ââ Her âChief,â William Rehnquist, recommended she raise the issue âin conferenceâ with her fellow justices, which she did. âI wonât tell you the name of this particular colleague,â she says, âbut when I brought this up and thought it would be a no-brainer, one of my colleagues said, â
The year of our Lord
was good enough for Brandeis, it was good enough for Cardozo, it was good enoughââ and I said, âStop.
Itâs not good enough for Ginsburg
.ââ
Significant laws have been changed over the last few decades because the status quo wasnât âgood enough for Ginsburg.â She is known as a pioneer in the field of antidiscrimination law, a founder of the Womenâs Rights Project of the American Civil Liberties Union, the first female tenured professor at Columbia University Law School, and the lawyer who argued six womenâs rights cases before the Supreme Court and won five of them.
She abandoned Judaism because it wasnât âgood enough for Ginsburgâ either. Its exclusion of women from meaningful rituals was painfully brought home to her at age seventeen, when her mother, Celia Bader, succumbed to cancer a day before Ruthâs high school graduation. âWhen my