AR189

An Assembly Resolution honoring the life and legacy of Supreme Court Justice Ruth Bader Ginsburg.

Whereas, After 27 years of distinguished service on the United States Supreme Court, Associate Justice Ruth Bader Ginsburg died on September 18, 2020, at the age of 87; and

Whereas, Prior to her appointment to the Supreme Court in 1993, Justice Ginsburg had a respected legal career: she attended Harvard Law School and graduated from Columbia Law School; served as a law clerk to a Judge of the United States District Court; served as a law school professor at Rutgers University Law School from 1963 to 1972, and at Columbia Law School from 1972 to 1980; and was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 1980; and

Whereas, As a young attorney, Justice Ginsburg was instrumental in the struggle for women’s rights, launching the Women’s Rights Project of the American Civil Liberties Union and, from 1973 to 1976, winning five out of the six women’s rights cases that she argued before the Court; and

Whereas, Justice Ginsburg’s successful advocacy for gender equality significantly changed the law as it affects women, including the landmark decision of Reed v. Reed, 404 U.S. 71 (1971), the first case to hold that discrimination on the basis of sex violated the equal-protection clause of the Fourteenth Amendment; and

Whereas, After her appointment to the Supreme Court, Justice Ginsburg became a leader of the Court’s liberal wing, writing majority opinions in United States v. Virginia, 518 U.S. 515 (1996), holding that the Virginia Military Institute’s male-only policy violated the Equal Protection Clause, and in Olmstead v. L.C., 527 U.S. 581 (1999), holding that the federal Americans with Disabilities Act required states to place persons with mental disabilities in community settings rather than institutions when feasible; and concurring in Safford Unified School District v. Redding, 557 U.S. 364 (2009) that the strip search of a middle-school student violated the student’s Fourth Amendment rights against unreasonable searches and seizures; and

Whereas, Justice Ginsburg was known for her powerful dissenting opinions as well: in Bush v. Gore, 531 U.S. 98 (2000), where the majority of Justices halted the Florida recount of votes in the 2000 election, thus effectively deciding the election for George W. Bush, Justice Ginsburg wrote that the “conclusion that a constitutionally adequate recount is impractical is a prophecy the Court’s own judgment will not allow to be tested. Such an untested prophecy should not decide the Presidency of the United States.” And in Ledbetter v. Goodyear Tire Rubber Co., 550 U.S. 618 (2007), a 5-4 decision rejecting Lily Ledbetter’s discrimination claim on grounds that she had missed the statutory 180-day deadline, Justice Ginsberg wrote that “[t]he court does not comprehend or is indifferent to the insidious way in which women can be victims of pay discrimination,” and called on Congress to rewrite the statute to modify the limitations period; Congress did so in 2009 with the enactment of the “Lily Ledbetter Fair Pay Act,” Pub. L. 111-2, 123 Stat. 5, which provides that each paycheck that contains discriminatory compensation is a separate violation regardless of when the discrimination began; and

Whereas, Each of the current and retired members of the Supreme Court issued statements expressing their personal sorrow at Justice Ginsburg’s death and their appreciation for her service. Retired Justice Anthony M. Kennedy stated: “By her learning she taught devotion to the law. By her dignity she taught respect for others and her love for America. By her reverence for the Constitution, she taught us to preserve it to secure our freedom;” and

Whereas, Justice Ginsburg’s granddaughter stated that the Justice dictated the following statement to her, only days before her death: “My most fervent wish is that I will not be replaced until a new president is installed;” and

Whereas, President Donald Trump has announced his intention to nominate a replacement for Justice Ginsburg, despite the short time period before the presidential election on November 3, 2020; and

Whereas, Of note, on March 16, 2016, almost eight months before the 2016 presidential election, President Barack Obama nominated Merrick Garland for Associate Justice of the Supreme Court to succeed Antonin Scalia, but the Republican leadership of the United States Senate refused to consider the nomination on grounds that 2016 was an election year; and

Whereas, In the view of this House, the privilege of nominating a person to fill the vacancy on the United States Supreme Court should be held by the next president to be chosen by the voters in the 2020 election, and the Republican leadership of the United States Senate should follow the precedent established by the Republican leadership in 2016; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey:

1. This House honors the life and legacy of Supreme Court Justice Ruth Bader Ginsburg and respectfully urges the United States Senate to refrain from voting on a candidate for the Supreme Court nominated by President Trump until after the results of the November 3, 2020 election are confirmed and, if President Trump is not re-elected, to hold the vote after the new president takes office.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to every member of the United States Senate and each member of the United States House of Representatives elected from this State.

STATEMENT

This resolution honors the life and legacy of Supreme Court Justice Ruth Bader Ginsburg and respectfully urges the United States Senate to refrain from voting on a candidate for the Supreme Court nominated by President Trump until after the results of the November 3, 2020 election are confirmed and, if President Trump is not re-elected, to hold the vote after the new president takes office.

After 27 years of distinguished service on the United States Supreme Court, Associate Justice Ruth Bader Ginsburg died on September 18, 2020, at the age of 87. Prior to her appointment to the Supreme Court in 1993, Justice Ginsburg had a respected legal career: she attended Harvard Law School and graduated from Columbia Law School; served as a law clerk to a Judge of the United States District Court; served as a law school professor at Rutgers University Law School from 1963 to 1972, and at Columbia Law School from 1972 to 1980; and was appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 1980.

As a young attorney, Justice Ginsburg was instrumental in the struggle for women’s rights, launching the Women’s Rights Project of the American Civil Liberties Union and, from 1973 to 1976, winning five out of the six women’s rights cases that she argued before the Court. Justice Ginsburg’s successful advocacy for gender equality significantly changed the law as it affects women, including the landmark decision of Reed v. Reed, 404 U.S. 71 (1971), the first case to hold that discrimination on the basis of sex violated the equal-protection clause of the Fourteenth Amendment.

After her appointment to the Supreme Court, Justice Ginsburg became a leader of the Court’s liberal wing, writing majority opinions in United States v. Virginia, 518 U.S. 515 (1996), holding that the Virginia Military Institute’s male-only policy violated the Equal Protection Clause, and in Olmstead v. L.C., 527 U.S. 581 (1999), holding that the federal Americans with Disabilities Act required states to place persons with mental disabilities in community settings rather than institutions when feasible; and concurring in Safford Unified School District v. Redding, 557 U.S. 364 (2009) that the strip search of a middle-school student violated the student’s Fourth Amendment rights against unreasonable searches and seizures.

Justice Ginsburg was known for her powerful dissenting opinions as well: in Bush v. Gore, 531 U.S. 98 (2000), where the majority of Justices halted the Florida recount of votes in the 2000 election, thus effectively deciding the election for George W. Bush, Justice Ginsburg wrote that the “conclusion that a constitutionally adequate recount is impractical is a prophecy the Court’s own judgment will not allow to be tested. Such an untested prophecy should not decide the Presidency of the United States.” And in Ledbetter v. Goodyear Tire Rubber Co., 550 U.S. 618 (2007), a 5-4 decision rejecting Lily Ledbetter’s discrimination claim on grounds that she had missed the statutory 180-day deadline, Justice Ginsberg wrote that “[t]he court does not comprehend or is indifferent to the insidious way in which women can be victims of pay discrimination,” and called on Congress to rewrite the statute to modify the limitations period; Congress did so in 2009 with the enactment of the “Lily Ledbetter Fair Pay Act,” Pub. L. 111-2, 123 Stat. 5, which provides that each paycheck that contains discriminatory compensation is a separate violation regardless of when the discrimination began.

Each of the current and retired members of the Supreme Court issued statements expressing their personal sorrow at Justice Ginsburg’s death and their appreciation for her service. Retired Justice Anthony M. Kennedy stated: “By her learning she taught devotion to the law. By her dignity she taught respect for others and her love for America. By her reverence for the Constitution, she taught us to preserve it to secure our freedom.”

Justice Ginsburg’s granddaughter stated that the Justice dictated the following statement to her, only days before her death: “My most fervent wish is that I will not be replaced until a new president is installed.”

President Donald Trump has announced his intention to nominate a replacement for Justice Ginsburg, despite the short time period before the presidential election on November 3, 2020. Of note, on March 16, 2016, almost eight months before the 2016 presidential election, President Barack Obama nominated Merrick Garland for Associate Justice of the Supreme Court to succeed Antonin Scalia, but the Republican leadership of the United States Senate refused to consider the nomination on grounds that 2016 was an election year.

In the view of this House, the privilege of nominating a person to fill the vacancy on the Supreme Court should be held by the next president to be chosen by the voters in the 2020 election, and the Republican leadership of the United States Senate should follow the precedent established by the Republican leadership in 2016.