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A ‘superhero’ who ‘never quit’: Justice Ginsburg returns to Supreme Court for final time

  • September 23, 2020

WASHINGTON – Associate Justice Ruth Bader Ginsburg returned to the Supreme Court for the final time Wednesday under circumstances both she and her legions of liberal allies and admirers hoped would never happen.

Even as President Donald Trump readied a potential replacement for the late justice, who died Friday after a lengthy battle with cancer, Ginsburg’s family, friends, former law clerks and colleagues on the high court gathered for one last goodbye.

The flag-draped casket of the 87-year-old justice was carried up the stairs to the Supreme Court’s Great Hall, just outside the courtroom – its entrance draped in black – where she served for 27 years. Some 120 clerks wearing black masks to protect against the coronavirus pandemic stood in silence on the courthouse plaza as Ginsburg was carried inside.

“To be born into a world that does not see you, that does not believe in your potential, that does not give you a path for opportunity or a clear path for education, and despite this to be able to see beyond the world you are in, to imagine that something can be different – that is the job of a prophet,” said Rabbi Lauren Holtzblatt of Adas Israel Congregation in Washington, D.C., whose husband Ari is a former Ginsburg law clerk.

“And it is the rare prophet who not only imagines a new world but also makes that new world a reality in her lifetime. This was the brilliance and vision of Justice Ruth Bader Ginsburg.”

Chief Justice John Roberts, the only other speaker, said Ginsburg’s life “was one of the many versions of the American dream.” The daughter of a bookkeeper, she rose to the highest court in the land, writing 483 majority opinions, concurrences and dissents that “will steer the court for decades.”

Ginsburg dreamed of becoming an opera virtuoso, Roberts said, “but she became a rock star instead.”

“She found her stage, right behind me in our courtroom,” he said. Her voice was soft, he noted, “but when she spoke, people listened.”

After the brief ceremony, the casket was returned to the front portico of the court for two days of public viewing, with appropriate social distancing to guard against the pandemic that has claimed more than 200,000 lives. The White House announced that Trump would pay his respects on Thursday.

Then Ginsburg’s casket will be moved across the street to the U.S. Capitol, where on Friday she will become the first woman to lie in state since the honor was first bestowed on Henry Clay in 1852. At both locations, Ginsburg’s casket will rest on the Lincoln Catafalque, which first supported President Abraham Lincoln’s casket in the Capitol after his assassination in 1865.

A fitting first:Justice Ruth Bader Ginsburg to lie in state at US Capitol Friday

A private interment service will be held next week at Arlington National Cemetery, where Ginsburg will join her late husband, Martin, who died in 2010.

‘She never quit’

It was a familiar scene at the high court, where current and former justices and clerks have mourned with families and friends twice before in just the past four years. Associate Justice Antonin Scalia was lain in repose there in 2016. Retired Associate Justice John Paul Stevens, who lived to be 99, received a similar honor last year.

Supreme friends:Ruth Bader Ginsburg and Antonin Scalia

Outside the court, hundreds of people gathered early in the morning to pay their respects to the late justice. Among them was Kate Blanton, who traveled from Columbia, S.C., to show her support. 

“There’s few people in our generation that have had as great of an impact on equal rights and women’s rights as Ruth Bader Ginsburg,” Blanton said. “I think she’s just a beacon of hope for women and everyone else, too.”

“It’s humbling that such a tiny lady with such a soft, gentle voice, with the strength of a superhero, changed all of our lives,” said Jacki Gilbert of Baltimore. “She never quit.”

Ginsburg’s death immediately ignited a partisan battle over the high court vacancy, one Republicans have longed to fill while they control the White House and Senate. Trump has refrained from naming a nominee until after most of Ginsburg’s ceremonies are completed, but he has made no secret of his intent to act quickly with the Nov. 3 election approaching.

More:Republicans likely have enough support for a vote on Trump’s nominee

The leading candidate, federal appeals court Judge Amy Coney Barrett of Indiana, was at the White House Monday and Tuesday for meetings. Several other women, most notably federal appeals court Judge Barbara Lagoa of Florida, are said to be in contention. Trump has vowed to announce his nominee at 5 p.m. Saturday.

Replacing RBG:Front-runner is a favorite of religious conservatives

Senate Republicans, meanwhile, are falling into line behind the goal of confirming the as-yet-unnamed nominee with unusual speed by Election Day. The strictly partisan plan has mobilized Democrats against the prospect of a far more conservative court, perhaps for decades to come. Millions of dollars are being spent by both sides in an effort to seat or defeat Trump’s nominee.

Replacing RBG:Trump eyes Cuban American judge from Florida for Supreme Court

Three days of honor

But for the next three days, it will be Ginsburg – the diminutive Brooklyn native who led the legal battle for women’s equality in the 1970s, then served for four decades on the nation’s two most powerful courts – who commands the nation’s attention.

Five-year-old Abby Martin of Arlington, Virginia, pays respect with her mother Jackie Martin as they visit a makeshift memorial in front of the Supreme Court for the late Justice Ruth Bader Ginsburg on September 21, 2020, in Washington, D.C.

A New York City native who attended Harvard Law School before graduating from Columbia Law School, Ginsburg was a law professor at Columbia and Rutgers before President Jimmy Carter named her to the powerful U.S. Court of Appeals for the District of Columbia Circuit in 1980. She was elevated by President Bill Clinton in 1993, winning Senate confirmation by a vote of 96-3.

Remembering RBG:Second woman on Supreme Court had been nation’s leading litigator for women’s rights

During President Barack Obama’s second term, Ginsburg did not heed the advice of some liberal allies to retire so that Democrats could replace her. After Trump’s upset victory in 2016, she battled cancer diagnoses and other serious ailments in order to remain in office, once even participating in oral arguments from her hospital bed.

A woman waves an 'RBG' flag outside the US Supreme Court at a makeshift memorial for late US Supreme Court Justice Ruth Bader Ginsburg is seen near the steps of the Supreme Court on September 21, 2020, in Washington, D.C.

All eight sitting justices and some of their spouses attended Wednesday’s ceremony inside the otherwise shuttered court, along with retired Justice Anthony Kennedy. Sadly, the only woman to precede Ginsburg on the bench, her close friend Sandra Day O’Connor, has been diagnosed with Alzheimer’s disease and could not be present.

Justices:Ginsburg ‘a superb judge’ who ‘inspired us all’

The public will have the chance to pay their respects from about 11 a.m. to 10 p.m. Wednesday, and from 9 a.m. to 10 p.m. Thursday, under the portico at the top of the courthouse steps. 

Contributing: Jay Cannon and David Jackson

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