RBG's "Justice, Justice Thou Shalt Pursue" Production Notes

RBG's "Justice, Justice Thou Shalt Pursue" Production Notes

On March 16, 2021, Ruth Bader Ginsburg's last book, Justice, Justice Thou Shalt Pursue: A Life's Work Fighting for a More Perfect Union (opens in new tab), will be published by the University of California Press, and co-authored with Amanda L. Tyler, who served as Justice Ginsburg's law clerk in 1999, the book is a curation of many of RBG's unpublished speeches, dissenting opinions, and conversations, paying tribute to the late Supreme Court justice's legacy. In this exclusive excerpt, Tyler reflects on what it meant to work with Justice Ginsburg and how he felt finishing the book just days before she passed away in September 2020. Today, March 15, would have been RBG's 88th birthday.

This part of the book was not supposed to exist; on September 18, 2020, shortly after Judge Ginsburg and I submitted the book for publication, she succumbed to complications from cancer and died at home surrounded by her family and loved ones.

For those of us who had the good fortune to know her, words cannot express how devastating her loss is. As the outpouring of grief that swept across the United States upon hearing of her passing (opens in new tab) vividly illustrates, the country she loved and served all her life has also suffered a great loss with her passing. Justice Ginsburg was a national treasure, a person who, through her life and work, made our society better and more just. Indeed, as Justice Sonia Sotomayor wrote after her passing, she was nothing short of an "American hero."

As I try to process her loss, I return again and again to the passage from Deuteronomy that hung on the wall of her chambers:

"Justice, thou shalt pursue justice."

This call spurred Justice Ginsburg to all her actions.

Indeed, Justice Ginsburg's life's work was defined by his dedication to ensuring that the U.S. Constitution left no one behind and was truly a document for all of us, "We the People."

This book covers only a fraction of the impact that Justice Ginsburg's life and work had on American law and society. And what was that impact: from eliminating institutionalized gender discrimination as an advocate in the 1970s to his 40 years as a federal judge, 27 of those as a Supreme Court justice, Justice Ginsburg has been a strong advocate for the U.S. Constitution, which provides that all persons "based on individual talent and ability, shall have the right to aspire, achieve, participate in society, and He worked tirelessly to promote the principle that the U.S. Constitution is an inclusive document that promises everyone "an equal opportunity to aspire, achieve, participate in and contribute to society on the basis of individual talent and ability.

Justice Ginsburg was also an inspiration. Her strength and determination in the face of adversity throughout her life and bulldozing through countless obstacles in her path kept her going time and again. For example, I recall many times when she went to court the morning after the loss of her beloved life partner, Marty, to present her opinion from the bench. Deeply dedicated to her role as a public servant, she insisted that the work must always go on. Until the very end, she fought cancer with courage and grace, suppressing it time and again.

In this regard, I recall in particular the events at the heart of this book. When I called Justice to invite her to host the first Harma Hill Kay Memorial Lecture in honor of my friend, she immediately agreed and suggested that it be a conversation between the two of us. The original plan was to hold the event in January 2019. However, we had to postpone it in light of Justice's surgery for lung cancer, which was discovered by her doctor in December 2018. I recall trying to convince her long before she actually cancelled the January event. She was eager to honor her friend and resisted. When she finally relented, under the advice of her doctor, she insisted that a new date be set immediately. Ten months later, she had her day, albeit still in less than perfect condition. During her visit, I witnessed Justice's awe-inspiring resilience. Nothing, not even cancer, prevented her from honoring her dear friend. That was Justice Ruth Bader Ginsburg.

Less than a year later, word arrived that we had lost her. It felt like a slap in the gut.

Her law clerks knew what we had to do: despite the ongoing COVID-19 pandemic, about 120 of us who had worked for her at the Supreme Court and the D.C. Circuit Court of Appeals were there to do the honor when her casket finally returned to the Supreme Court We came from all over the country to stand as pallbearers." It was our solemn duty to pass under the portico at the west entrance of the courthouse that reads "Equal Justice Under Law" and to stand beside her as she was later laid to rest.

We spent those difficult days together, all of us holding her to our hearts and taking great comfort in her. She did so much for so many of us as a mentor and a friend that it is impossible to convey in this postscript her incredible generosity and kindness. From what she taught us when we worked for her as clerks, to the job recommendations that followed, to the letters of encouragement that arrived at personal and professional milestones (she gave us "RBG Grand Kulk" t-shirts when our new children joined our family ), the support she offered when we faced adversity, and the visits that cemented memories we will cherish forever.

After we met her at the courthouse, her clerks, two by two in 20 minute shifts, stayed by her side for the next 48 hours. We stood outside with her during the day, bearing witness to the throngs of mourners who came to pay their respects. In their grief, we witnessed the magnitude of the impact Justice Ginsburg had on this country. Throughout the night, we entered the courthouse to be alone with her as she lay in the vast great hall, where we stood by her side. It was a time to reflect and tell her how much she had changed our lives and how much we loved her. I attended her last clerical memorial service before returning her to her family, after which she left the Supreme Court for the last time to be laid to rest in the Capitol. It is fitting that she was the first woman and the first Jew to receive such an honor, and that she was still making history even after her death. Nevertheless, it was heartbreaking to see her leave the Supreme Court, knowing that she would never return.

In the spring and summer of [2020], as Justice Ginsburg and I put this book together, I had the special opportunity to work closely with her one last time. She was excited about the project and the upcoming publication of her dear friend Harma Hill Kaye's important book on the life of the first female law professor in the United States. As we exchanged drafts of various parts of the book, Judge was as rigorous an editor as she had been 20 years ago when I clerked for her. By the end, she had taught me the art of writing, how important accuracy is, and not to use four words when three would suffice.

In our last conversation, we talked about the project and how she was holding up through numerous medical challenges. Then Justice asked about my children. She wanted to know if my children would be returning to school this fall for in-person instruction as the pandemic continues, or if they would be taking classes online from home. More generally, she was deeply concerned about children around the world who are being severely affected by the ongoing pandemic.

It was also Justice Ginsburg who was always thinking of others and always looking to the future.

At this moment, that future seems uncertain. But as we reflect on her legacy as told in this book, we can all draw inspiration from the wisdom she imparted in her historic dissent in Shelby County. Never forget that "the great man who led the march from Selma to Montgomery" told us: "The arc of the moral universe is long," he said, "but it bends toward justice.

It is now up to all of us to take on this mission.

Excerpted from Justice, Justice Thou Shalt Pursue: a Life's Work in the Fight for a More Perfect Union by Ruth Bader Ginsburg and Amanda Tyler.Copyright Ruth Bader Ginsburg and Amanda Tyler. university of California Press.

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