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Ruth Bader Ginsburg - Justice, Justice Thou Shalt Pursue: A Lifes Work Fighting for a More Perfect Union

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Ruth Bader Ginsburg Justice, Justice Thou Shalt Pursue: A Lifes Work Fighting for a More Perfect Union
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Justice, Justice Thou Shalt Pursue: A Lifes Work Fighting for a More Perfect Union: summary, description and annotation

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Tracing the long history of Ruth Bader Ginsburgs work for gender equality and a more perfect Union
In the fall of 2019, Justice Ruth Bader Ginsburg visited the University of California, Berkeley School of Law to deliver the first annual Herma Hill Kay Memorial Lecture in honor of her friend, the late Herma Hill Kay, with whom Ginsburg had coauthored the very first casebook on sex-based discrimination in 1974. Justice, Justice Thou Shalt Pursue is the result of a period of collaboration between Ginsburg and Amanda L. Tyler, a Berkeley Law professor and former Ginsburg law clerk. During Justice Ginsburgs visit to Berkeley, she told her life story in conversation with Tyler. In this collection, the two bring together that conversation and other materialsmany previously unpublishedthat share details from Justice Ginsburgs family life and long career. These include notable briefs and oral arguments, some of Ginsburgs last speeches, and her favorite opinions that she wrote as a Supreme Court Justice (many in dissent), along with the statements that she read from the bench in those important cases. Each document was chosen by Ginsburg and Tyler to tell the story of the litigation strategy and optimistic vision that were at the heart of Ginsburgs unwavering commitment to the achievement of a more perfect Union.
In a decades-long career, Ruth Bader Ginsburg was an advocate and jurist for gender equality and for ensuring that the United States Constitution leaves no person behind. Her work transformed not just the American legal landscape, but American society more generally. Ginsburg labored tirelessly to promote a Constitution that is ever more inclusive and that allows every individual to achieve their full human potential. As revealed in these pages, in the area of gender rights, Ginsburg dismantled long-entrenched systems of discrimination based on outdated stereotypes by showing how such laws hold back both genders. And as also shown in the materials brought together here, Justice Ginsburg had a special ability to appreciate how the decisions of the high court impact the lived experiences of everyday Americans. The passing of Justice Ruth Bader Ginsburg in September 2020 as this book was heading into production was met with a public outpouring of grief. With her death, the country lost a hero and national treasure whose incredible life and legacy made the United States a more just society and one in which We the People, for whom the Constitution is written, includes everyone.

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JUSTICE JUSTICE THOU SHALT PURSUE PRAISE FOR Justice Justice Thou Shalt - photo 1
JUSTICE,
JUSTICE
THOU SHALT
PURSUE
PRAISE FOR Justice, Justice Thou Shalt Pursue

With Justice Ginsburg, Amanda Tyler has compiled a page-turning book that is the perfect tribute to her former employer and hero, the incomparable Ruth Bader Ginsburg. Anyone interested in how the notorious RBG transformed American law to begin the still-unfinished journey toward the goal of securing equality without regard to sex must read this splendid road map through the great jurists path-marking work. Bringing a legend to life isnt easy. With Ginsburg, Tyler has done that and morelovingly and with deep understanding.

Laurence H. Tribe, Carl M. Loeb University Professor and Professor of Constitutional Law Emeritus, Harvard Law School

In this, her final project, Ruth Bader Ginsburg reflects on her lifes workdismantling patriarchy and fighting for all to have the freedom to thrive regardless of gender. As this volume documents, she began this work in earnest during the eight years she spent as director of the ACLUs Womens Rights Project in the 1970s and continued as a Justice on the Supreme Court and until her final days. We at the ACLU will use each day to carry forward the legacy built in these pages.

Ria Tabacco Mar, Director, Womens Rights Project, American Civil Liberties Union

An invaluable volume by the most significant figure in this field that will serve as a reference for decades to come.

Jenny S. Martinez, Dean, Stanford Law School

Justice Justice Thou Shalt Pursue A Lifes Work Fighting for a More Perfect Union - image 2

Justice Justice Thou Shalt Pursue A Lifes Work Fighting for a More Perfect Union - image 3

Series Editor

Erwin Chemerinsky, Dean, University of California, Berkeley School of Law

Paving the Way: The First American Women Law Professors, by Herma Hill Kay; edited by Patricia A. Cain

Justice, Justice Thou Shalt Pursue: A Lifes Work Fighting for a More Perfect Union, by Ruth Bader Ginsburg and Amanda L. Tyler

JUSTICE,
JUSTICE
THOU SHALT
PURSUE
A LIFES WORK FIGHTING FOR A MORE PERFECT UNION

RUTH BADER GINSBURG
AMANDA L. TYLER

Picture 4

UNIVERSITY OF CALIFORNIA PRESS

University of California Press

Oakland, California

2021 by Ruth Bader Ginsburg and Amanda L. Tyler

Library of Congress Cataloging-in-Publication Data

Names: Ginsburg, Ruth Bader, author. | Tyler, Amanda L., author.

Title: Justice, justice thou shalt pursue : a lifes work fighting for a more perfect union / Ruth Bader Ginsburg and Amanda L. Tyler.

Description: Oakland, California : University of California Press, [2021] | Series: Law in the public square ; 2

Identifiers: LCCN 2020051194 (print) | LCCN 2020051195 (ebook) | ISBN 9780520381926 (cloth) | ISBN 9780520381940 (ebook)

Subjects: LCSH : Ginsburg, Ruth Bader. | JudgesUnited States

Classification: LCC KF 8745. G 56 A 3 2021 (print) | LCC KF 8745.G56 (ebook) | DDC 347.73/2634dc23

LC record available at https://lccn.loc.gov/2020051194

LC ebook record available at https://lccn.loc.gov/2020051195

Manufactured in the United States of America

29 28 27 26 25 24 23 22 21

10 9 8 7 6 5 4 3 2 1

To our families, and to all those who work to make ours a more perfect Union

CONTENTS
PREFACE
OCTOBER 2020

Amanda L. Tyler

On September 18, 2020, three weeks after Justice Ginsburg and I submitted this book to the University of California Press for publication, the Justice succumbed to complications from cancer and passed away at her home surrounded by her family and loved ones.

What follows is the book she and I assembled together before she passed away, with only a few annotations and minor introductory material added during the production process.

In the afterword, I reflect on the loss of Justice Ginsburg and the extraordinary legacy that she leaves behind. What follows here offers the reader a window into how the Justice thought of her legacy and hoped to be remembered.

ACKNOWLEDGMENTS

We owe appreciation to many people who helped make this project come to life. We must begin with Herma Hill Kay, cherished friend and colleague in whose memory we came together for the conversation that is at the heart of the book. Appreciation is owed as well to Professor Pamela Samuelson and Dr. Robert Glushko, who were instrumental in establishing the Herma Hill Kay Memorial Lecture series.

We are grateful to Naomi Schneider at the University of California Press, who worked with us to construct a vision for this book and then carefully shepherded the project to final form.

For research assistance along the way, we are indebted to current and former Berkeley Law students Djenab Conde, Lana El-Farra, Ashley Johnson, and Carmen Sobczak.

We thank Mary Hartnett and members of the Supreme Court Public Information Office for providing invaluable assistance in selecting the images for this book as well as Jane Ginsburg, Justice Ginsburgs daughter, for her wise counsel on this project.

Finally, heartfelt thanks go to our assistants, Kim McKenzie and Lauren Stanley at the Supreme Court, and Matt Veldman at Berkeley Law, without whose unwavering and generous support this project never would have seen the light of day.

Ruth Bader Ginsburg and Amanda L. Tyler

August 2020

INTRODUCTION
AUGUST 2020

Amanda L. Tyler

In 2017, when my beloved colleague at the University of California, Berkeley School of Law, Herma Hill Kay, passed away, another colleague and her spouse helped endow a lecture series in Hermas memory. There was one very obvious choice to deliver the inaugural lectureHermas longtime close friend and co-author of the very first legal casebook on gender-based discrimination, Justice Ruth Bader Ginsburg. To our collective great delight, Justice Ginsburg accepted the invitation to deliver the first annual Herma Hill Kay Memorial Lecture in October 2019. As the Justice and I planned her visit, we decided she would begin with remarks about her decades-long friendship with Herma, and then we would sit down for a conversation about how the Justice has pursued gender equality through her life and work.

This book stems from Justice Ginsburgs time in Berkeley that fall. Following her visit, she and I decided to assemble a collection of materials that tracked our conversation about her life and work in order to give readers a glimpse into how as a lawyer and federal judge she has worked tirelessly for gender equality and, more generally, achievement of our Constitutions most fundamental aspirationto build a more perfect Union.

Speaking to the latter issue, the Courts 1961 decision in Hoyt v. Florida observed:

Despite the enlightened emancipation of women from the restrictions and protections of bygone years, and their entry into many parts of community life formerly considered to be reserved to men, woman is still regarded as the center of home and family life. We cannot say that it is constitutionally impermissible for a State, acting in pursuit of the general welfare, to conclude that a woman should be relieved from the civil duty of jury service unless she herself determines that such service is consistent with her own special responsibilities.

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