Now More Than Ever: Remembering RBG’s Legacy

Ruth Bader Ginsburg, only the second woman appointed to the U.S. Supreme Court, passed away less than six weeks ago. After a rushed nomination, the Senate voted to confirm her replacement to the Supreme Court today, and Amy Coney Barrett is now poised to join the highest court in the land just a week before one of the most contested elections in U.S. history on November 3.

The last weeks of the presidential race and the outbreak of Covid-19 at the White House have taken over the nation’s attention, distracting us from commemorating and remembering Justice Ginsburg.

And yet we can’t allow the news cycle to distract us from remembering and honoring the legacy of Justice Ginsberg — not only because of what she was able to accomplish, but because there is still so much left to do.

If you were to really quiz yourself on the areas where Ruth Bader Ginsberg had the deepest impact, what would come to your mind first?

In the United States, most people recognize that there are few individuals who have contributed as much to gender equality in the workplace and home, even though not everyone can recall every single case she’s won or written influential dissent on.

We’ve lost what her legacy as a feminist, legislator and Supreme Court pioneer has meant for men and women in the U.S. and all over the globe. 

Saira Rahman, vice president at a fintech startup HMBradley, went viral with her tweet shortly after RBG’s passing, summarizing what her life and work meant for women in the U.S. This tweet, along with recent documentaries about her life and an outpouring of letters, have reminded us what her life and work have meant for the fabric of American society.

It’s hard to imagine the course of the Supreme Court, feminism or financial history of the United States without RBG.

This soft-spoken, short, frail woman in her later years accomplished more than many of the most outspoken feminists of her time. Through her deliberate, strategic approach and choice in cases, she was extraordinarily successful in championing true equality of genders in the United States. She moved the country closer to that “city on a hill,” an example of hope for the rest of the world that the founding fathers imagined America to be.

Before RBG, U.S. law basically treated women like children when it came to money and property.

Many of us forget that when the Constitution was written, women and minorities were not treated equally. A lot of important details had to be worked out later, and continue to be worked out.

Without RBG, women wouldn’t be able to have access to the American dream of home ownership. She worked on crucial legislation that made it possible for women to sign a mortgage, open their own bank accounts, be taken(more seriously at work and have more rights as working mothers.

Without Ginsburg, women were not universally allowed to serve on juries in the United States.

“As late as 1961, the court upheld a Florida law that for all practical purposes kept women from serving on juries because they were ‘the center of the home and family life’ and therefore need not incur the burden of jury service,” Jonathan Entin, who served as Ginsburg’s clerk, recalled.

Ginsburg argued a case called Duren v. Missouri in 1979, in which a man “accused of murder argued he couldn’t get a fair trial because of a law that made jury service optional for women.” RBG argued exclusion of women devalued their contributions to juries.  

RBG’s vote was also pivotal in ensuring true equality for same-sex marriages. That equality will be thrown into question once Amy Coney Barrett is confirmed.

Her work was also pivotal in pay discrimination. 

Even in the cases she didn’t win, her famous dissents inspired others to act. Ginsburg famously dissented from the Supreme Court’s decision on the pay discrimination case Ledbetter v. Goodyear Tire & Rubber Co, later leading Congress to change the law and strengthen equal pay protections.

Ginsburg also inspired new generations of lawyers.

"As a transgender woman, Ruth means the world to me. She was my rock. She highlighted the good in the country I grew up loving,” Laura Orlie, 27, an attorney from New York, told CNN. “I would not be here and have the protections I do if it wasn't for the lion that she was. I didn't know her personally, but she knew me. She [saw] me when others could not and she heard me when I felt like I was underwater. She will forever bless my soul."

Her leadership style, principled manner in getting things done and commitment to gender equality transcended national borders and cultures, and resonated with many around the world.

Her mission was global: advancement of women’s rights around the world.

“That was her passion," recalls Beverley McLachlin, Canada's first female chief justice, in her memoir. "She was a very serious woman, and cared deeply about equality and advancing the rights of women."

It’s especially tragic that Justice Ginsberg’s passing will threaten many hard-won freedoms into question, and arguably make it the most conservative court since the 1930s. The new balance on the court may imperil some of the freedoms and rights that women and LGBTQ people have started to take for granted, such as the right to terminate pregnancy or the freedom to marry people they love.

But the work RBG pioneered and pushed forward is far from over. What she started was in many areas the beginning of a legislative battle for equal rights for everyone. 

There is still a long way to go for true equality and inclusion in this country.

Beyond these basic protections and freedoms, there are also more subtle inequalities that are more difficult to quantify or argue for in court.

Half of married women actually defer major financial decisions to their spouse, according to a 2020 UBS survey. 

"The most surprising thing from the study is: who are these women who abdicate? Are they stereotypical?” asked Paula Polito, Vice Chairman at UBS Global Wealth Management. “They're actually not. Forty-one percent are primary breadwinners, nearly half have advanced degrees. And some are women who work in very high profile industries, including financial services.”

It’s easy to be complacent or take a lot of freedom for granted or think that we’ve reached true equality between genders in the workplace or at home. 

As this pandemic has shown us, we have not. Women, especially women of color, are more likely to lose their jobs, they’re more likely to pick up the larger chunk of childcare and housework. And if they work from home, the male partners are more likely to have their own designated office and women work in the common areas of their homes.

If there is a lasting impact of RBG’s legacy, I hope it’s questioning these underlying assumptions and why things are the way they are. 

“The late Justice was an incredible role model and a fierce advocate for equality,” says Victoria Finkle, a financial journalist who is now a student at Georgetown Law School. “There is certainly mourning for her as a trailblazer and celebration of her legacy, but there is perhaps as much or more concern and focus on what's to come in the wake of her passing—on the system we're forced to inherit as the next generation of attorneys.”

There is still no clear provision in the Constitution spelling out equality for men and women. The so-called “wealth gap” is just entering the mainstream as we’re beginning to think about women’s wealth and equality in more holistic terms.

RBG’s principles and goals ultimately looked for establishing true equality of all genders, regardless of party affiliation.

And later in her life, she stuck to these principles. Characteristically, she didn’t express any regrets over not resigning earlier or potentially putting her legacy in danger.

“Ruth didn't do regrets, and she didn't do defeat,” recalled Nina Totenberg, Ginsberg’s personal friend and NPR’s legal correspondent. “She just soldiered on.”