The Devastating End to a Legacy and... Our Rights?

graphic by sophie sternkopf

Alright, can 2020 get any worse? Every day in this seemingly apocalyptic year just adds to the long list of grievances we’ve all developed. Just to pile more onto the devastation of the death of Ruth Bader Ginsburg, now we have the nomination and confirmation of Amy Coney Barrett. One would think the Supreme Court would have better things to do at the moment —tackling a worsening global pandemic, handling the overt racial discrimination still present. Instead, small whispers of overturning the decision to legalize same-sex marriage have turned into confident proclamations. With the sudden death of RBG and nomination of Amy Coney Barrett, this is what the SCOTUS is prioritizing.

The legacy of RBG was not tragically left behind on the 18th of September 2020. Even after her passing, the strides made in the court decisions she ruled on would have continued to foster a country with more equality. Her fight to grant basic human rights to every individual was destroyed the moment Amy Coney Barrett was confirmed into the Supreme Court. Barrett threatens the very existence of the rights Ginsburg fought to establish and protect for women and minorities.

After serving 13 years in the U.S. Court of Appeals in D.C., President Clinton nominated Ginsburg to serve on the Supreme Court. This was a huge accomplishment, especially since Ginsburg had difficulties securing any kind of job beforehand. Throughout the 1960s, Ginsburg struggled with gender workplace discrimination. According to Oyez, it wasn’t until a Columbia professor, “explicitly refused to recommend any other graduates before the U.S. [besides RBG], and District Judge Edmund L. Palmieri hired Ginsburg as a clerk.” Ginsburg was fueled by her own personal experiences of discrimination as she drove votes on cases like States v. Virginia, where she wrote the majority opinion arguing the unconstitutionality of proficient women not being admitted to Virginia Military Institute.

RBG continued to fight for women’s rights in Ledbetter v. Goodyear Tire & Rubber Company in 2007. During the case, women sued based on discrimination in the workplace. Lilly Ledbetter had worked at Goodyear for 20 years, yet still faced sexual harassment and was told that “women shouldn’t be working there,” according to HowStuffWorks.com. This case would have truly resonated with Ginsburg, due to her own experiences of gender discrimination.

Ginsburg contributed to a myriad of paramount cases during her career, but one of the most influential cases she ruled on, Obergefell v. Hodges which declared gay marriage as constitutional in 2015 is being threatened. Justices Clarence Thomas, Samuel Alito, John Roberts, and Neil Gorsuch have all agreed that the Supreme Court made the wrong decision in Obergefell v. Hodges. While Barrett was still only a nominee for the court, she said that this “judicial philosophy is mine too.” This means that 5 out of the 9 current Supreme Court justices share this opinion, allowing for the very real possibility that the legalization of same-sex marriage will be overturned.

Ginsburg wrote that “I would like to be remembered as someone who used whatever talent she had to do her work to the very best of her ability.” She made great strides in uniting the country closer together and should be remembered for this legacy.