Justice Ginsburg questions timing of abortion ruling

NEW YORK — Supreme Court Justice Ruth Bader Ginsburg suggested Friday that her predecessors on the high court mistimed the milestone 1973 Roe v. Wade case that legalized abortion nationwide.

“It’s not that the judgment was wrong, but it moved too far too fast,” Ginsburg told a symposium at Columbia Law School marking the 40th anniversary of her joining the faculty as its first tenure-track female professor.

At the time of Roe v. Wade, abortion was legal on request in four states, allowed under limited circumstances in about 16 others, and outlawed under nearly all circumstances in the other states, including Texas — where the Roe case originated.

Alluding to the persisting bitter debate over abortion, Ginsburg said the justices of that era could have delayed hearing any case like Roe while the state-by-state process evolved. Alternatively, she said, they could have struck down just the Texas law, which allowed abortions only to save a mother’s life, without declaring a right to privacy that legalized the procedure nationwide.

“The court made a decision that made every abortion law in the country invalid, even the most liberal,” Ginsburg said. “We’ll never know whether I’m right or wrong … things might have turned out differently if the court had been more restrained.”

A similar dynamic is now unfolding in regard to same-sex marriage, which is legal in six states, could soon be legal in a few more, but remains outlawed in most states. Legal advocates on both sides of the issue wonder if the Supreme Court will want to have a say on the matter relatively soon, or let the state-by-state process evolve further. Ginsburg did not comment on that issue.

On another topic at the symposium, Ginsburg said countries in the Middle East and elsewhere contemplating the adoption of new constitutions have more up-to-date models to consider, in addition to the U.S. Constitution.

“If you’re writing a constitution today, are you going to look back at an 18th century model?” she asked, before citing such newer documents as South Africa’s 1996 constitution and Canada’s 1982 Charter of Rights and Freedoms.

Ginsburg noted that most modern-era constitutions have guarantees of gender equality comparable to the Equal Rights Amendment that has been proposed — but never ratified — for the U.S. Constitution.

“An Equal Rights Amendment is not a cure-all,” Ginsburg said. “It takes people who care about implementing the rights to see that it becomes real, and not just on paper.”

Much of the symposium was devoted to Ginsburg’s decades of work promoting the equality of women in the legal profession and in American society overall.

She recalled entering Harvard Law School in 1954 as one of nine women in a class of several hundred.

“You felt that all eyes were on you and if you gave a wrong answer, you were failing not simply for yourself but for all women,” she said.

After transferring to Columbia’s law school and graduating in 1959, she taught law at Rutgers University, then joined the Columbia law faculty in 1972 and taught there until 1980, when she was appointed by President Jimmy Carter to the U.S. Court of Appeals in Washington.

While at Columbia, she expanded the school’s offerings of courses on women’s rights and sex discrimination, and also became chief litigator for the American Civil Liberties Union’s Women’s Rights Project.

She recounted many of the gender-equality cases that arose during her career — among them writing the majority opinion in the Supreme Court’s 1996 ruling striking down the male-only admissions policy at Virginia Military Institute.

Asked to offer advice to young women starting law careers, she said the biggest challenge is trying to balance work life and family life in a profession that traditionally hasn’t embraced that balance.

“That’s changing, but not swiftly,” Ginsburg said. “It takes people who care.”

She offered one last suggestion, when asked how today’s young lawyers should be battling against injustice.

“Don’t take no for answer,” she said. “But also, don’t react in anger … Regard every encounter as an opportunity to teach someone.”

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Olivia Vanni / The Herald 
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County.
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County. (Olivia Vanni / The Herald)
Mukilteo mayor vetoes council-approved sales tax

The tax would have helped pay for transportation infrastructure, but was also set to give Mukilteo the highest sales tax rate in the state.

Marysville Mayor Jon Nehring gives the state of the city address at the Marysville Civic Center on Wednesday, Jan. 31, 2024, in Marysville, Washington. (Ryan Berry / The Herald)
Marysville council approves interim middle housing law

The council passed the regulations to prevent a state model code from taking effect by default. It expects to approve final rules by October.

x
State audit takes issue with Edmonds COVID grant monitoring

The audit report covered 2023 and is the third since 2020 that found similar issues with COVID-19 recovery grant documentation.

Bothell
Bothell man pleads guilty to sexual abuse of Marysville middle schoolers

The man allegedly sexually assaulted three students in exchange for vapes and edibles in 2022. His sentencing is set for Aug. 29.

Larsen talks proposed Medicaid cuts during Compass Health stop in Everett

Compass Health plans to open its new behavioral health center in August. Nearly all of the nonprofit’s patients rely on Medicaid.

Snohomish County Health Department Director Dennis Worsham on Tuesday, June 11, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County Health Department director tapped as WA health secretary

Dennis Worsham became the first director of the county health department in January 2023. His last day will be July 3.

Police Cmdr. Scott King answers questions about the Flock Safety license plate camera system on Thursday, June 5, 2025 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
Mountlake Terrace approves Flock camera system after public pushback

The council approved the $54,000 license plate camera system agreement by a vote of 5-2.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

x
$14.5M property tax levy lid lift moves forward in Edmonds

After a public hearing, the City Council voted 5-2 to place the resolution on next week’s consent agenda for final approval.

Mikki Burkholder, left, and Sean Seifert pull drafts Friday afternoon at 5 Rights Brewery in Marysville on October 8, 2021. (Kevin Clark / The Herald)
5 Rights celebrates 10 years in Marysville

During a challenging time for the US craft beer industry, 5 Rights continues to enjoy growth and an uptick in sales.

Wine is illuminated on a large win rack at the center of the main room at Long Shadows Woodinville Tasting Room & Key Club Lounge on Friday, Feb. 28, 2025 in Woodinville, Washington. (Olivia Vanni / The Herald)
Two winery restaurants in Woodinville stand out

You wouldn’t expect to get world-class pizza at a winery,… Continue reading

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.