United States Associate Justice Ruth Bader Ginsburg sat down with the Atlantic's Jeffrey Rosen recently for an extensive interview. She discussed #MeToo, her own history with bad supervisors, and cases she would like to see overturned:
Rosen: Which of your powerful dissents do you most hope to become a majority?
Ginsburg: Well, I’d would like to see Shelby County undone. That was a case involving the Voting Rights Act of 1965. The way the law works is this—if a state or a city or a county has had a history of blocking African Americans from voting, any change in voting legislation would have to be pre-cleared either by the Civil Rights Division of the Department of Justice or by a three-judge court sitting in the District of Columbia.
The [majority’s] position was, that was 1965, it’s many years later, some states that discriminated may not be discriminating anymore. So then Congress has to come up with a new formula. Well what member of Congress is going to stand up and say, “My district is still discriminating.” And I thought my colleagues were not as restrained as they should be because they should have respected the overwhelming vote in the Congress to renew the Voting Rights Act. That’s one decision.
Rosen: How about two or three more?
Ginsburg: Well, one of them is the so-called, what did they call it, partial-birth abortion. This is a medical procedure that is no one’s first choice but it may be the only option for a woman, and the Court refused to recognize that a ban on such a procedure just overlooked that some women had no other choice, so that’s a decision I would like to see overruled. If you go back in time—two decisions from the 70s—the Supreme Court held that Medicaid coverage was not available for any abortion, therapeutic or nontherapeutic. Which left us with the situation in our country where any woman of means, any woman who can afford to go to a neighboring state, will have access to abortion. The people who won’t are poor people who can’t travel, who can’t take off days from work. And that’s a sorry situation. People ask me, “Oh, what would happen if Roe v. Wade were overruled?” And my answer is for affluent women, it won’t make any difference.
Man, I hope she stays on the bench for four more years, at least...