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Key Facts
- Federal level: Justice Ruth Bader Ginsburg famously stated “when there are nine” in response to a question about when there will be enough women on the Supreme Court.
- Federal level: The remarks were made during a casual Q-and-A session at the American Bar Association Section of International Law 2013 Spring Meeting.
- Federal level: She observed that for most of the country’s existence, the Supreme Court consisted of nine men and nobody thought that was out of order.
- Federal level: Ginsburg argued that international law should not be viewed as strictly foreign because it represents the law of nations.
- Federal level: The justice cited the confirmation process of Justice Elena Kagan as an example of a nominee who faced unnecessary negative votes despite superb credentials.
- Federal level: Ginsburg defended the active questioning by justices during oral arguments as necessary to avoid wasting time listening to lawyers repeat their briefs.
- Federal level: Justice Ginsburg passed away on September 18, 2020, concluding a historic tenure on the Supreme Court that began in 1993.
During the American Bar Association Section of International Law 2013 Spring Meeting, Supreme Court Justice Ruth Bader Ginsburg envisioned a future where the United States Supreme Court consisted entirely of women. In a casual Q-and-A session moderated by Ronald A. Cass, dean emeritus of Boston University School of Law, Justice Ginsburg shared her candid thoughts on the composition of the Court, the judicial confirmation process, and the role of international law in American jurisprudence. These remarks, which include the well-known Justice Ginsburg nine women observation, offer a historical look at her perspective on gender equality in the federal judiciary. Justice Ginsburg passed away on September 18, 2020, but her observations from the 2013 meeting remain a significant part of her public legacy.
Justice Ginsburg’s Vision for a Court of Nine Women
When asked when there would be enough women serving as Supreme Court justices, Justice Ginsburg provided her now-famous response: “When there are nine.” She explained her reasoning by pointing out the historical composition of the Court. For most of the country’s existence, the Supreme Court was composed entirely of nine men, and nobody considered an all-male bench to be out of order. By contrasting the idea of an all-female court with the historical reality of an all-male court, she challenged the implicit assumption that a male-dominated judiciary was the natural baseline for the nation’s highest court.
Perspectives on International Law and Supreme Court Dynamics
The discussion at the 2013 Spring Meeting also covered the influence of international law on Supreme Court decisions. Justice Ginsburg expressed the view that international law should not be considered strictly foreign. She noted that international law is “the law of nations, and we are a nation,” suggesting that federal courts can look to global legal principles without compromising American sovereignty. Additionally, Justice Ginsburg addressed the perception of deep division and disharmony among the justices on the Supreme Court. She clarified that despite media reports emphasizing disagreement, the Court is not deeply divided in the majority of its cases.
Navigating the Highly Partisan Judicial Confirmation Process
Reflecting on the increasing acrimony surrounding the nomination and confirmation of Supreme Court justices, Justice Ginsburg called for a return to a less partisan approach. She expressed a desire for genuine patriots on both sides of the aisle to end the heightened division and return the process to the way it historically operated. To illustrate her point, she cited the confirmation of Justice Elena Kagan. According to Justice Ginsburg, Justice Kagan had superb credentials, and there was no reason why such a nominee should have received any negative votes during the Senate confirmation process.
The Primary Purpose of Active Questioning During Oral Arguments
Justice Ginsburg also defended the active, questioning nature of the Supreme Court during oral arguments. She acknowledged that the Court asks many questions, describing it as a very lively bench. From her perspective, it would be a waste of time for the justices to sit silently and listen to a lawyer simply repeat arguments already submitted in the written briefs. Instead, the justices use oral arguments to ask the questions they find most difficult, which helps clarify the legal issues and assists in the decision-making process.
Historical and Archival Significance of the 2013 Remarks
The 2013 Q-and-A session highlights the role of professional legal associations in capturing the evolving perspectives of judicial leaders. Similar historical insights can be found in other archived addresses, such as a speech by Justice Anthony Kennedy at the ABA annual meeting. The American Bar Association frequently serves as a forum for federal judges to discuss the state of the judiciary and respond to legal controversies, as seen when an American Bar Association president issued a statement on a Supreme Court gun control decision. Preserving these historical records in the ABA archive provides important context for understanding how Supreme Court women justices view their role and the development of federal law over time. These verified Ruth Bader Ginsburg quotes offer a lasting perspective on the federal judiciary long after the 2013 meeting concluded.
