The Notorious RBG’s Turf War with Congress

Supreme Court Associate Justice Ruth Bader Ginsburg at the Supreme Court in Washington, D.C., November 30, 2018. (Jim Young/Reuters)
Reexamining Justice Ginsburg’s dissent in Ledbetter makes the deep flaws in her approach to the law clear.

NRPLUS MEMBER ARTICLE T he late Supreme Court justice Ruth Bader Ginsburg firmly believed that the Constitution is an evolving document that should change to meet the times. Ginsburg’s famous dissent in the 2007 case Ledbetter v. Goodyear Tire & Rubber is a good example of her approach to the law — and of why it is flawed. Ideally, the court’s role within our system of government is to determine whether laws are constitutional, not to correct or overwrite them. Ginsburg thought otherwise and said so in her dissent.

The twist in the story is that Congress subsequently changed the law to address the general

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Sean Higgins is a research fellow at the Competitive Enterprise Institute, specializing in labor policy.


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