Written by Asia Outten

Ruth Bader Ginsburg, United States Supreme Court Judge and political icon, passed away on September 18, 2020 at the age of 87 due to chronic complications with pancreatic cancer. During her time as Supreme Court Judge, she left a significant impact on U.S politics, particularly women’s rights and gender equality.

Ruth Bader Ginsburg; Photo by the Supreme Court of the United States

Her Legacy

Ruth Bader Ginsburg’s legacy began before she was appointed as a Supreme Court Justice (SCJ). Before becoming an SCJ, she was a litigator with the American Civil Liberties Union where she founded the Women’s Rights Project. Alongside many other women’s rights icons, Ginsburgadvocated against sexual discrimination and helped transform the antiquated American life. Case by case, she paved the way for gender equality by challenging laws that upheld a narrow view of gender roles in families.

As a litigator, Ruth Bader Ginsburg tackled the law in a unique and strategic way. While fighting for women’s rights, she urged the Courts to explore inequalities affecting men rather than women. She had realized that a court dominated by men might be more sympathetic towards cases concerning men. For example, Ginsburg argued against laws that mandated that widows get Social Security survivor benefits, but widowers did not. Overall, Ginsburg worked to abolish the norms that binded women to domestic duties and men toward work. In an article by The Atlantic, Dr. Kathryn M. Stanchi from the University of Nevada Las Vegas (UNLV) made an interesting note that Ginsburg’s legacy “is the ability to perform your gender as you wish, whether that is women working outside the home, [...] men staying home and caring for children, men loving other men, [or] women loving other women.”

The Significance of Ginsburg’s Passing

Ginsburg is a woman who left behind an enormous legacy, and the significance of her passing is equally massive. It is no doubt that Ginsburg’s departure has the potential to transform U.S. politics in more ways than one. To provide a brief overview, the Supreme Court has final authority over judicial matters in the United States of America. Nine Justices are appointed who discuss matters and settle on a final decision or legislation. Before Ginsburg’s passing, the court had a 5 - 4 conservative or republican tilt. That number is now 5-3 and will be 6-3 if Trump replaces Ginsburg’s liberal position with that of a conservative Justice, giving him a political swing with the Supreme Court on his party’s side. Even though this tilt existed before Ginsburg’s passing, her integrity and passion for human rights, combined with her skillful negotiation, typically allowed her to “win over” conservative votes on many important matters. This feat had much to do with her impact on contemporary U.S. politics.

Now that she is gone, this could mean conservative court dominance, possibly for many years. Conservative court dominance means that the political right wing will have the majority on many important issues. For instance, laws susceptible to changes include the Affordable Care Act, workplace benefits, religious institutions’ acceptance of same-sex couples, abortion rights, and even the next Presidential election could depend on who is selected as the next Supreme Court Justice. The political implications of Ginsburg’s death should be the ultimate rallying cry for Democratic support. The impact of Ginsburg’s passing will also have massive ramifications for an already intense election year. If Trump gets another right-wing SCJ nominee, conservative judge Kavanaugh becomes the swing vote, or a decisive vote on issues. This means that if Trump makes poor decisions, he will still have the backing of the Supreme Court behind him. To speed up the process of Supreme Court domination, Trump is moving swiftly to replace Ginsburg - directly after her funeral service and before elections. He is urging the majority of republicans in the senate to confirm his SCJ nominee before the election. He has yet to actually announce the nominee. Democrats are enraged at this because four years ago, the very same lawmakers assisting Trump with this political move also rejected Obama when he tried to replace an SCJ before his own elections.

Why (Canadian) Students Should Care

You’re probably wondering as a Canadian student or person living in Canada, “Why should I care about this?” Well, U.S politics can actually have major implications on Canadian politics. Take for example the recent replacement of the North American Free Trade Agreement or NAFTA with the United States-Mexico-Canada Agreement or USCA on July 1, 2020. Although some argue this change works in North America’s favor, it still goes to show the effects that U.S politics can have on Canada. A less lighthearted example is Trump’s threats to end WHO membership in the middle of the Coronavirus Pandemic. This withdrawal can come with consequences such as jeopardizing U.S access to COVID-19 vaccines, making more Americans ill with the virus. There are many more examples of the clear connection between US and Canadian politics, but the point is that a republican-dominated supreme court will make significant waves.

Ruth Barder Ginsburg’s passing is of particular significance to Canadians because she is an example of how profoundly important it is to advocate for human rights, social justice, and political change. Even when things happen that are seemingly out of our power (like U.S politics), she is a perfect example of that old idea of “be the change you want to see in the world.” In Canada, we are not immune to U.S political shifts. If Trump is able to replace Ginsburg’s SCJ seat with that of a conservative, he will have a sway on not only Supreme Court votes, but also on the next presidential election. This is why we should care.

If Ruth Bader Ginsburg were still here, she would continue to advocate against many of Trump’s decisions, given that she was a supporter of human rights, right till the end. Students are often seen as the future. It is therefore up to us, as informed citizens and voters, to stay aware of the ways in which we can remember Ruth Bader Ginsburg, and follow in her footsteps, and never stop advocating for social and political change.

In Memoriam: Ruth Bader Ginsburg

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