Ruth Bader Ginsburg

 I knew she was ill, so why did I feel so shocked and sad when I heard that Ruth Bader Ginsburg had died? Maybe because she had fought off death so many times that it seemed she would just motor on. My reaction was not a political one -- spurred by concerns about the court -- it was a personal and emotional one. A pervasive sense of loss that motivated me to read all I could to try to better understand what made her who she became. I suppose that some of her values are a function of her generation -- growing up as she did in the 1930s and 1940s -- and therefore may feel to some of you to be old-fashioned or anachronistic. But when I read about her life I am reminded of personal values that I want to reach for and pursue. Values that are timeless.

 

There is so much you can read about RBG, and so much I am sure many of you have already read. The biographical article in The New York Times on Saturday offers a good overall picture. And if you then read her op-ed from 2016 where she reflects on her life in her own words, her values come to life. At least they do for me. Maybe they will for you, too. 

 

The lessons I see:

 

The capacity to disagree without being disagreeable

Much has been made of her friendship with Justice Scalia, a person with whom she disagreed strongly on judicial and constitutional matters. And yet they were true friends. She reminds us of the value we have lost in our waning ability to bridge gaps in opinion with collegiality, respect, and friendship. 

 

The ability to win while losing

Many argue that her most effective opinions were the dissents. In these cases, her position did not prevail, and yet she made such a powerful argument that she was still able to influence the course of future legal decisions without being in the majority. 

 

Perseverance

What adversity she faced! Pursuing a law degree, embarking on a legal career, and serving as a judge through times when it was so difficult for women to do so. One of only 9 women in her law school class, and the dean asked her what made her qualified to take the place of a man! Time after time she faced unfair treatment or worse, and she persevered. Even at the top of her profession, she called being the only woman on the court “the worst times.” It is hard to be on the vanguard. 

 

Personal Toughness

She fought through multiple bouts with cancer and maintained her work on the court, scheduling chemotherapies on Friday so that she might be ready for work on Monday. Shaping her schedule to be present for friends. She challenged herself physically to remain fit; her personal trainer turned her personal workout regime into a best-selling book! 

 

Service as a lifesource

She has been described as shy and unassuming. Careful and economical with her words. But when her cause was service to others, she brought fierce, powerful, and formidable energy to the task. “How fortunate I was to be alive and a lawyer when, for the first time in United States history, it became possible to urge, successfully, before legislatures and the courts, the equal-citizenship stature of women and men as a fundamental constitutional principle.” It is said that her innate shyness disappeared when she had a job to do. 

 

She had a vision and a plan focused on outcomes

Her systematic disarming of the bulwark set up to prevent women from being regarded as equal under the law required a carefully executed plan carried out over years. When selecting and arguing cases, she knew that male judges would be more receptive to arguments about equal protection for men. “Fight for the things you care about,” she said, “but do it in a way that will lead others to join you.” 

 

She cultivated and appreciated her relationships with those who helped her

Time and again she refers to the help she had along the way, from her literature professor who taught her that “words could paint pictures,” to mentors and advisors who opened doors to new opportunities, and to her husband’s assistance in her being considered for the Supreme Court. Celebrating this assistance did not diminish her sense of accomplishment or self-worth.  She didn’t need to claim that she had done it all on her own, even if she did or could have! 

 

She did not hold grudges 

Despite all the hardships she faced, she managed to see opportunity in adversity, whether it was attending law school while caring for a newborn or being denied jobs because of her gender. And when she was maligned, she chose to look the other way. “When a thoughtless or unkind word is spoken, best tune out. Reacting in anger or annoyance will not advance one’s ability to persuade.”  When her husband received a job offer in New York, Harvard denied her request to complete her Harvard degree at Columbia. So she transferred to Columbia, where she graduated first in her class. Many years later, when Harvard invited her back to receive an honorary degree, she accepted and was celebrated in song by Placido Domingo. As an opera lover, it proved to be an experience she considered one of the greatest of her life. 

 

She was a true and loyal friend

Nina Totenberg shared many stories of RBG’s selfless friendship in this tribute following her death. One telling example of the depth and endurance of her commitment to friends was the relationship that she developed with one of her clients, Stephen Wiesenfeld. Wiesenfeld’s wife had died in childbirth and she represented him in a case to receive benefits so that he might stay home to raise their son, Jason. Twenty three years later she officiated at Jason’s wedding, and forty two years after Wiesenfeld’s wife’s passing, she presided over his second marriage. You could count on her. 

 

Of course, I did not know RBG personally, but reflecting on these stories I conclude that one of her superpowers was a limitless reserve of positive energy. She saw the best in people and in situations. She valued collegiality and made friends with adversaries. She regarded what most would see as hardships as lessons to help her lead a better life. And she saw progress where others saw failure, without letting it limit her aspirations.  

 

I’ll close with one last story about her outlook. Looking back on the progress of women in the legal field over the course of her life, she noted that when she started law school in 1956, women accounted for just 3 percent of the legal profession in the United States.  Writing in 2016 she said “today half the nation’s law students and more than one-third of our federal judges are women, including three of ...the Supreme Court… Women hold more than 30 percent of law school deanships and serve as general counsel to 24 percent of Fortune 500 companies.” Some might view those statistics in a negative light. 30 percent, 24 percent --  it should be 50 percent!  She approached it with a growth mindset, focused on progress, even as she knew there was much more work to be done. But to be positive was not to be satisfied, as she made clear when she said: “When I’m sometimes asked, ‘When will there be enough [women on the Supreme Court]?’ and I say, ‘When there are nine,’ people are shocked. But there’d been nine men, and nobody’s ever raised a question about that?” 

 

What a life. There is so much to emulate, even as we can only do so by aspiration. But from aspiration comes inspiration and a vision to lead a good and decent life that enriches others and makes the world just a little bit better.   

 

RIP RBG, as we carry on.