Ginsburg Voices Support for Sotomayor

When Supreme Court Justice Ruth Bader Ginsburg said last month that she was "cheered" by President Obama's selection of Judge Sonia Sotomayor to replace retiring Justice David Souter, ears perked up in Washington and around the country. But now that Ginsburg has come out in full defense of Sotomayor in an extended interview with The New York Times, it's hard not to pay attention.

Q:Did you think that all the attention to the criticism of Sotomayor as being "bullying" or not as smart is sex-inflected? Does that have to do with the rarity of a woman in her position, and the particular challenges?

JUSTICE GINSBURG: I can't say that it was just that she was a woman. There are some people in Congress who would criticize severely anyone President Obama nominated. They'll seize on any handle. One is that she's a woman, another is that she made the remark about Latina women. [In 2001 Sotomayor said: "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life."] And I thought it was ridiculous for them to make a big deal out of that. Think of how many times you've said something that you didn't get out quite right, and you would edit your statement if you could. I'm sure she meant no more than what I mean when I say: Yes, women bring a different life experience to the table. All of our differences make the conference better. That I'm a woman, that's part of it, that I'm Jewish, that's part of it, that I grew up in Brooklyn, N.Y., and I went to summer camp in the Adirondacks, all these things are part of me.

Reading through Justice Ginsburg's forceful dissent last week in Ricci v. DeStefano (.pdf), it was difficult not to come away with the conclusion that she was supportive of Sotomayor. Specifically, Ginsburg noted that the lower court was acting according to "Second Circuit precedent," clearly undermining the argument that Sotomayor is in some way an activist outside the mainstream of modern jurisprudence.

But this is something different. To have a sitting Justice of the Supreme Court take the highly unusual step of coming out in multiple occasions to offer support for a nominee is quite remarkable -- and it says a great deal about the qualities Sotomayor would bring to the highest court in the land.  

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Justice Ginsburg "Cheered" By Sotomayor Selection

Per Politico:

Supreme Court Justice Ruth Bader Ginsburg, in an unusual endorsement of a nominee to the court, said that "As much ...

as I will miss Justice Souter's company, I was cheered by the next banner headline," meaning Obama's pick of Judge Sonia Sotomayor.

It's difficult to remember another instance in which a sitting Justice of the Supreme Court has spoken out on a nominee, whether favorably or unfavorably, so it is particularly notable that Ruth Bader Ginsburg spoke positively of Sonia Sotomayor -- even if not at great length. It is already difficult to impossible to figure out how the GOP would be able to block or even meaningfully delay Sotomayor's nomination without some major surprise during the hearings over her nomination. But with Justice Ginsburg joining the list of names speaking out on behalf of Sotomayor -- a list that even includes former President George H.W. Bush -- the momentum appears to be decidedly on the side of confirmation.

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Ruth Bader Ginsburg Diagnosed with Pancreatic Cancer

Oy vey.

Supreme Court Justice Ruth Bader Ginsburg had surgery Thursday after being diagnosed with pancreatic cancer, the court said.

[...]

The court announcement said the cancer is apparently in the early stages.

[...]

Pancreatic cancer is one of the most deadly cancers: Nearly 38,000 cases a year are diagnosed and overall, fewer than 5 percent survive five years.

The reason: Fewer than one in 10 cases are diagnosed at an early stage -- like Ginsburg's appears to be -- before the cancer has begun spreading through the abdomen and beyond. That's because early pancreatic cancer produces few symptoms other than vague indigestion.

Even when caught early, surgery for pancreatic cancer is arduous. Doctors typically remove parts of the pancreas, stomach and intestines. Radiation and chemotherapy are common after surgery.

There's not much I can say beyond the fact that this is tremendously sad news, and that we are all thinking about and praying for Ruth Bader Ginsburg and her family. It may not be easy to remember, but Ginsburg is one of just two women to have ever served on the Supreme Court of the United States, and is the only woman to currently serve. She has been a real pioneer and role model for many, so here's to hoping she is able to continue to serve for still years to come.

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