RBG would hate to be quoted in Alito’s opinion

RBG would hate to be quoted in Alito’s opinion

RBG would hate to be quoted in Alito’s opinion

  • RBG would have fought back against Samuel Alito’s Roe v. Wade opinion, her longtime friend says.
  • NPR’s Nina Totenberg discussed the late Supreme Court justice in an interview this week.
  • Totenberg said Ginsburg’s words were “taken out of context” in the opinion of the majority of Alito.

Supreme Court Justice Ruth Bader Ginsburg would not have been happy with her inclusion in the majority opinion of Judge Samuel Alito who overthrew Roe v. Wade earlier this year, according to Ginsburg’s longtime friend and colleague.

NPR legal correspondent Nina Totenberg spoke this week about her longstanding friendship with the late judge in an NPR interview while promoting her upcoming book “Dinners with Ruth.” During the conversation, Totenberg suggested that Ginsburg, a fierce champion of women’s rights, might have fought back against Alito’s choice to quote her in his polarizing opinion.

The Supreme Court in June overturned Roe v. Wade in a 5-4 decision that overturned the nearly 50-year-old landmark ruling that legalized abortion nationwide, following an unprecedented leak of the draft opinion in the case.

In his majority decision, Alito quoted Ginsburg twice as saying that Roe was “grossly wrong from the start”.

“Everyone knows if she were still alive she would have removed his skin over that part, but it stuck with the opinion,” Totenberg said of Ginsburg’s quote.

In a lecture published in the 1992 issue of the New York University Law Review, Ginsburg argued that Roe v. Wade did not go far enough in entrenching women’s right to choose.

“Roe … halted a political process moving toward reform and thereby, I believe, perpetuated the division and postponed a stable resolution of the issue,” Alito quotes Ginsburg at the beginning of his 98-page opinion. .

Totenberg said Alito’s decision to record Ginsburg’s voice was made in bad faith.

“I think that is an indication of the bad feeling there is among the judges of this court that that part was not removed because it was written completely out of context,” the journalist said.

Throughout her life, Ginsburg was open to her reservations about the legal basis on which Roe was hired, arguing that the landmark ruling actually “stopped the momentum that was on the side of change” in favor of abortion rights. She felt that it would have been more effective if the court had considered a case that emphasized a woman’s right to choose in matters of equal protection under the law, rather than the right to privacy over which the case was finally decided.

Ginsburg died in 2020 at the age of 87. Her death opened the door for then-President Donald Trump to appoint Judge Amy Comey Barrett in his bid to support judges who would overthrow Roe v. Wade — which she eventually helped to do.

In the wake of her death, some have criticized Ginsburg for not stepping down when Barack Obama was president so he could appoint a liberal judge to replace her.

Totenberg suggested that Ginsburg’s reason for staying was twofold: she thought the Republican-controlled Congress would block her successor, and she believed Hillary Clinton would become the next president and wanted to give the first female leader the chance to name her successor. .

“She rolled the dice and she lost,” said Totenberg.

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