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Inch by Inch, Ginsburg Set Gender Scale Toward Center

Law: Supreme Court nominee started from scratch on sex bias cases. But some fault her equality approach.

June 28, 1993|SARA FRITZ, TIMES STAFF WRITER

WASHINGTON — On the morning of Nov. 22, 1971, Ruth Bader Ginsburg's usually stern expression dissolved into a satisfied smile when she read the New York Post's banner headline: "High Court Outlaws Sex Discrimination."

As plaintiff's lawyer in a case before the Supreme Court, Ginsburg had succeeded in writing a new chapter in the history of women's rights by asserting a simple philosophy that she learned from her mother: Women and men are equal.


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That idea, which Ginsburg applied in case after case, made her the principle architect of a legal strategy that achieved many of the early legal gains for women. As a result, today's women live in a world that bears the stamp of her personality, training and experience.

To be sure, despite three decades of progress for women, the Supreme Court still will be struggling with gender issues when Ginsburg--if confirmed by the Senate, as expected--takes her seat on the nine-member panel next fall. Men and women still do not fully agree on what that seemingly simple idea of equality should mean when it is applied to gender.

Further, many modern feminists have criticized Ginsburg's approach even as they acknowledge what she achieved. Her line of argument, they have contended, has served in some ways to perpetuate discrimination against women. By emphasizing equality of men and women under the law instead of recognizing their differences, they have argued, Ginsburg inadvertently affirmed a system in which women must adhere to male standards to succeed, as she has done.

Nonetheless, her life story has shaped the lives of every woman in America. And the careful, one-deliberate-step-at-a-time approach to a complex and controversial issue that is revealed in the fine print of her arguments on the women's rights cases casts valuable light on how she is likely to approach her work on the Supreme Court.

Certainly, Ginsburg was well-prepared to succeed in a man's world. Nurtured by a mother who valued her daughter as much as any son, she graduated Phi Beta Kappa from Cornell in 1954.

Yet like so many bright women of her era, Ginsburg had been encouraged to venture down a path of scholarship and achievement that inevitably would lead to disappointment. After graduating from Columbia Law School in 1959, she could not get a job practicing law because the law firms she contacted in New York City thought married women were mostly interested in having babies.

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