Photos by Ray Whitehouse
Trading her black robe for a black shawl, Supreme Court Justice Ruth Bader Ginsburg shared her vast knowledge of American politics and legal lore at Northwestern Law School on Tuesday as part of the Howard J. Trienens Visiting Judicial Scholar program.
The event, held in Thorne Auditorium, was the culmination of a two-day schedule of activities on the Chicago campus where Ginsburg met with students, led a seminar and traded ideas and perspectives with law professors and staff.
During the discussion, led by law professors Steven Calabresi and Robert Burns, the 76-year-old justice and the second woman ever to serve on the Supreme Court, fielded questions about theories of constitutional interpretation, the influence of foreign legal systems and her self-professed “favorite” clause, the equal protection clause of the Fourteenth Amendment.
“Some people say, ‘how can you use the equal protection clause to argue distinctions between men and women?'” said Ginsburg, a long-time advocate of equal citizenship status of men and women.
“I think (the Constitution) is ever becoming more perfect and ‘We the People’ is ever becoming more inclusive.”
In a career that has spanned 16 years since former President Bill Clinton appointed her to the Supreme Court in 1993, Ginsburg has put into practice what she preaches as a major player in the decisions of important cases like United States v. Virginia.
In the case, Ginsburg represented the majority and wrote that the Virginia Military Institute’s male-only policy violated the equal protection clause. Even after the state of Virginia proposed a “separate but equal” parallel program for women called the Virginia Women’s Institute for Leadership, Ginsburg maintained that it would not provide military training of comparable rigor for women.
“We studied U.S. v. Virginia but never heard the background story, so it was good to hear how the case came about,” said Tamera Kennard, a third-year law student. “It was an honor and a privilege to hear her speak.”
But while she remains consistent in her views on equal rights for all genders, Ginsburg is cautious in her approach to each case and considers herself an “originalist” in her personal judicial philosophy.
Citing the Fourth Amendment as an example, Ginsburg said that when the Constitution was written in the 18th century, the Fourth Amendment meant soldiers and police could not forcibly enter a person’s home.
“But what happens when a helicopter is above your house searching for marijuana … without actually searching the home?” she asked the 700-person audience. “The Fourth Amendment has to apply to new circumstances. The Constitution is the oldest in the world, and the expectation was that it would govern us through the ages and through change in time.”
Ginsburg offered the audience a glimpse of her sense of humor during the hour-long discussion. While answering a question about the differences between working on the Supreme Court and the D.C. Circuit Court of Appeals, Ginsburg said the Supreme Court allows exactly a half hour of debate while the D.C. Circuit was more flexible.
“But the current chief (Justice John Roberts) is a little more relaxed than Rehnquist was, so we will let a justice finish a sentence,” she said to laughter from the audience.
Yena Lim, a year one taxation law student from Korea, said she thought Ginsburg came across as likeable, and added that she gained a better perspective of the United States legal system.
“We have a constitutional court separate from the Supreme Court, so I found it very helpful to hear about a different culture of justice,” Lim said. “It was a very good opportunity to hear about the cases I read, especially her own opinions.”
