ON THE EVENING of July 11th 2015, Ruth Bader Ginsburg went to the opera. There was nothing odd in that. Opera, after the law, was her great love, the only place where she could leave the legal world behind. When she worked on her opinions, often into the small hours if her husband Marty was not around to make her go to bed, she would usually have opera, or some other beautiful music, playing in the background. The talent she most coveted was to have a glorious voice, like Renata Tebaldi perhaps.
She loved it all. She and Scalia, despite the legal zingers he tossed in her direction, had been best buddies since their days together on the DC federal appeals court in the 1980s. And America’s highest court could be just as dramatic, even if more sombrely arrayed. There she sat, this tiny little woman perched among the black-robed men, and there she disagreed. For all but three of her 27 years she had one or two sisterly colleagues, but her opinions still marked her out.
Yet she did not see herself as disruptive, let alone an activist. If she became more of a dissenter with the years, it was because the court, after 2006, swung over to the activist right. At heart she was still what she had always been, a judicial minimalist. She was stunned by the lack of caution in theruling of 1973 that legalised abortion; though she certainly approved of the outcome, reform should have come through state legislatures, where it was slowly starting to appear.
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