47. Fifteen Minutes of Feminism: A Year After RBG's Death, What's Next For The Court? (with Irin Carmon)

One year ago today, Amy Coney Barrett was confirmed to the U.S. Supreme Court. How has the court changed in the year since RBG's death, and ACB's confirmation?

10/27/2021 3:03:00 AM

One year ago today, Amy Coney Barrett was confirmed to the U.S. Supreme Court. How has the court changed in the year since RBG's death, and ACB's confirmation?

Background Reading: 'Supreme Court Refuses to Block Texas Abortion Ban, Agrees to Hear Two Cases Challenging the Law,' Carrie Baker, Ms. magazine, Oct. 22, 2021. 'Women’s Inequality Has Been Maintained by Force of Law. Ruth Bader Ginsburg Knew This.' Michele Goodwin, Ms. magazine, Sept. 22, 2020. ''Handmaid' Amy Coney Barrett is a Grave Threat to Women’s Rights,' Carrie Baker, Ms. magazine, Sept. 26, 2020. Transcript: 00:00:11.2 Michele Goodwin: Welcome to Fifteen Minutes of Feminism, part of our “On the Issues with Michele Goodwin” at Ms. Magazine platform. We are a platform that reports, rebels, and you know we tell it

But that said, you know…and I think it is important. As much as I’m being critical here of Justice Ginsburg, I don’t want to gloss over the reasons that people admired her, because I think that they’re important, and they’re not just about her. You know, they’re also about a vision of somebody maintaining having been a feminist litigator, having worked in the trenches at the ACLU, and having unapologetically continued in that spirit as a justice to draw attention to grievous wrongs, like the

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Shelby County versus HolderCarhart versus Gonzales, the abortion decision.Somebody who was always willing to use their voice in support of women’s rights, and in many cases, racial justice. All of which makes the other elements that you mentioned, the hiring record on clerks, the quotes that the…the ones that appeared were pretty bad to begin with, right? So, this is just even more. I don’t think it actually materially changes matters as much as it just sort of intensifies the existing disappointment. So, how do we hold those two things together? Well, I mean…

00:11:24.1 Michele Goodwin:Yeah, how do we?00:11:25.5 Irin Carmon:I don’t think that I am going to break any news to you here to say that even some of the most exemplary white feminists have been guilty of racism. At best, racial blind spots, but let’s just call it racism. In the case of Justice Ginsburg, I think it’s hard to take because there is actually a huge body of work in which she recognizes both structural bias and personal bias and you know, has written these stirring dissents about…a quote from one of her affirmative action dissents that comes to mind is, “stains of racial oppression are still upon us.” headtopics.com

When I interviewed Justice Ginsburg and asked her about this in 2015, she said people who think we can wave a magic wand and generations of oppression disappear are blind. I don’t think she knew anything about whoColin Kaepernick was or what the protest was about

. I think, in her mind, it sort of pushed this button of…and you’ll be very familiar with this. The kind of, like, defensive, crouched liberalism, more patriotic than not, because to say that the protests of Colin Kaepernick and his fellow Black athletes was about the government, I don’t know. Maybe, in the broad sense, it’s about government.

But it was about police violence, to my understanding, and so, you know, later on, she said that she was unaware of the protest. When she apologized for the comments that were published, she said that she was unaware of the nature of the protest and that she shouldn’t have spoken so dismissively. I think, one, she didn’t understand the content, and two, the kind of like mid-century liberal apologize for the left…say, I am patriotic, I don’t burn the flag…she even mentioned flag burning, I think, in her extended comments.

Somebody else said to me, you know, I think that this also comes out of a kind of immigrant mentality, and I’ll note that one of the things that’s really offensive about her quote is that she imposes the frame of immigration on the descendants of enslaved people, which is completely inappropriate and historically inaccurate. headtopics.com

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But I think, in her mind, it was this notion of for her parents, both having been immigrants from the shtetls of Eastern Europe and America having represented a break from the oppression that they experienced where they came from and having voluntarily come here, the sort of I am the immigrant who loves America more than anyone else part kicks in too…again, none of this, in any way, excuses the racism of her remarks, but  as I was trying to reconcile it with what else I knew about her…

Ruth Bader Ginsburg at the Senate confirmation hearing for her appointment to the Supreme Court on July 21, 1993. (Wikimedia Commons)And then to not see, you know, the many excellent candidates who could’ve clerked for her, I think is, in part, a reflection of, by the time she was a Supreme Court justice, I think she had a pretty closed circle of a certain number of law professors that she relied on for recommendations. I think it would’ve been incumbent on her to look outside of that, because I know Justice Sotomayor, for example, has been able to find

. Actually, Justice Thomas has found pretty diverse clerks. It’s not difficult to find… Read more: Ms. Magazine »

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maybe having a supreme court full of wealthy white people who went to ivy league schools is a really bad idea GayEqualGlobal This interview is fascinating & depressing. A reminder of what’s at stake & that no one is perfect, inc RBG. But a silver lining? My daughter & young Ppl her age give me hope. But 1st, Dems MUST: Pass Voting Rights; & stop GOP election rigging & Mitch’s control of judicial noms👀

FACT IS HILLARY WAS ELECTED PRESIDENT 2016! PUTIN hacked our election electronic data base & changed the numbers. Mueller report states. However, NO ONE! NOT ONE MAN STOOD UP FOR HILLARY! THAT says it All!! Yes, now we have Amy Coat-hanger Barrett. Yes. Margaret Atwood should too. NO! She was great! AMY HIDES in PLAIN Sight- in SCJ!!!

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How the Right-Wing Supreme Court Can Save Biden’s Economic PlanKyrsten Sinema has put the Democrats in a difficult spot, but the Supreme Court can save them. jonathanchait writes

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Senate Confirms Longtime Voting Rights Attorney To Federal Court SeatMyrna Pérez, 47, will now be a lifetime judge on a U.S. appeals court. thanks She will f*** it up . There should be NO lifetime appointments for judges. They should be held accountable to keep their jobs. Too many judges are crooks in black robes with no regard for the law & intoxicated by their own so-called power.

Oklahoma Supreme Court temporarily blocks 3 anti-abortion laws set to take effect next weekThe court voted 5-3 to prohibit laws that restricted medication-induced abortions and require doctors who perform abortions to be board-certified in obstetrics and gynecology. Go for it.

Oklahoma Supreme Court Temporarily Blocks 3 Abortion RestrictionsThe laws, affecting medication abortions and who can provide services, were slated to go into effect Nov. 1.