Despite two bouts with cancer and public pleas from liberal law scholars, she decided not to retire in 2013 or 2014 when President Barack Obama and a Democratic-controlled Senate could appoint and confirm her successor.
[32] Rather than asking the Court to end all gender discrimination at once, Ginsburg charted a strategic course, taking aim at specific discriminatory statutes and building on each successive victory.
[56][57] Ginsburg filed an amicus brief and sat with counsel at oral argument for Craig v. Boren, 429 U.S. 190 (1976), which challenged an Oklahoma statute that set different minimum drinking ages for men and women.
The law placed an emphasis on ensuring that the judges included women and minority groups, a matter that was important to President Jimmy Carter who had been elected two years before.
[78][83] In a September 28, 2005, speech at Wake Forest University, Ginsburg said Roberts's refusal to answer questions during his Senate confirmation hearings on some cases was "unquestionably right".
"[86] Legal scholar Cass Sunstein characterized Ginsburg as a "rational minimalist", a jurist who seeks to build cautiously on precedent rather than pushing the Constitution towards her own vision.
[90] The term also marked the first time in Ginsburg's history with the Court where she read multiple dissents from the bench, a tactic employed to signal more intense disagreement with the majority.
She also called attention to the reluctance women may have in male-dominated fields to making waves by filing lawsuits over small amounts, choosing instead to wait until the disparity accumulates.
[104][106] Ginsburg discussed her views on abortion and gender equality in a 2009 New York Times interview, in which she said, "[t]he basic thing is that the government has no business making that choice for a woman.
[109] Joining the majority for Whole Woman's Health v. Hellerstedt, 579 U.S. 582 (2016), a case which struck down parts of a 2013 Texas law regulating abortion providers, Ginsburg also authored a short concurring opinion which was even more critical of the legislation at issue.
[109][110] On May 31, 2005, Ginsburg wrote the majority opinion in Cutter v. Wilkinson that facilities utilizing federal funds cannot deny prisoners accommodations necessary for the practice of their religious beliefs.
[116][117] Such a public forum was thus legally obligated to provide equal access via open membership and was determined to not be required to officially recognize a student group at odds with it.
[118] On June 27, 2002, Ginsburg dissented in Board of Education v. Earls which permitted schools to enact mandatory drug testing on students partaking in extracurricular activities.
[123] In Herring v. United States, 555 U.S. 135 (2009), Ginsburg dissented from the Court's decision not to suppress evidence due to a police officer's failure to update a computer system.
She argued that "government decisionmakers may properly distinguish between policies of exclusion and inclusion...Actions designed to burden groups long denied full citizenship stature are not sensibly ranked with measures taken to hasten the day when entrenched discrimination and its after effects have been extirpated.
Ginsburg concluded that although "those who drive carelessly on a public highway running through a reservation endanger all in the vicinity, and surely jeopardize the safety of tribal members", having a nonmember go before an "unfamiliar court" was "not crucial to the political integrity, the economic security, or the health or welfare of the Three Affiliated Tribes" (internal quotations and brackets omitted).
[143] She also reasoned that "the longstanding, distinctly non-Indian character of the area and its inhabitants" and "the regulatory authority constantly exercised by New York State and its counties and towns" justified the ruling.
[140]: 1032 In 2008, when Ginsburg's precedent in Strate was used in Plains Commerce Bank v. Long Family Land & Cattle Co., she dissented in part and argued that the tribal court of the Cheyenne River Lakota Nation had jurisdiction over the case.
[145] In 2000, Ginsburg wrote the majority opinion in Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., in which the Court held that residents have standing to seek fines for an industrial polluter that affected their interests and that is able to continue doing so.
[160] Ginsburg is believed to have been the first Supreme Court justice to officiate at a same-sex wedding, performing the August 31, 2013, ceremony of Kennedy Center president Michael Kaiser and John Roberts, a government economist.
[166] In addition to befriending modern composers, including Tobias Picker,[167][168] in her spare time, Ginsburg appeared in several operas in non-speaking supernumerary roles such as Die Fledermaus (2003) and Ariadne auf Naxos (1994 and 2009 with Scalia),[169] and spoke lines penned by herself in The Daughter of the Regiment (2016).
[177] While promoting her book in October 2016 during an interview with Katie Couric, Ginsburg responded to a question about Colin Kaepernick choosing not to stand for the national anthem at sporting events by calling the protest "really dumb".
"[184] She also reflected on her own experiences with gender discrimination and sexual harassment, including a time when a chemistry professor at Cornell unsuccessfully attempted to trade her exam answers for sex.
[184] A few days after Ruth Bader graduated from Cornell, she married Martin D. Ginsburg, who later became an internationally prominent tax attorney practicing at Weil, Gotshal & Manges.
[213] Months later in August 2019, the Supreme Court announced that Ginsburg had recently completed three weeks of focused radiation treatment to ablate a tumor found in her pancreas over the summer.
Following the private ceremony, due to COVID-19 pandemic conditions prohibiting the usual lying in repose in the great hall, Ginsburg's casket was moved outdoors to the Court's west portico so the public could pay respects.
[227] Ginsburg's death opened a vacancy on the Supreme Court about six weeks before the 2020 presidential election, initiating controversies regarding the nomination and confirmation of her successor.
[293] The Tumblr blogger who coined the meme, law student Shana Knizhnik, teamed up with MSNBC reporter Irin Carmon to turn the contents of the blog into a book titled Notorious RBG: The Life and Times of Ruth Bader Ginsburg.
[310][311][312] Additionally, Ginsburg's pop culture appeal has inspired nail art, Halloween costumes, a bobblehead doll, tattoos, t-shirts, coffee mugs, and a children's coloring book among other things.
[329] In the sitcom The Good Place, the "craziest secret celebrity hookup" was Ginsburg and Canadian rapper Drake, whom protagonist Tahani reveals she set up as a "perfect couple".