The Michigan Daily - Monday, October 18,1993 -1
.High Court Justice Ginsburg quickly begins to ask probing questions
WASHINGTON (AP)--Judging
by her energetic questioning from the
bench, Supreme Court Justice Ruth
Bader Ginsburg is quickly hitting full
stride in her new job.
Intensive questioning last week
by Ginsburg in a sexual-harassment
case caused one lawyef to abandon
his contention that the woman who
had filed suit must prove the conduct
harmed her performance at work.
"She basically pushed him to con-
cede the case," said Georgetown Uni-
versity Law Professor Susan Ross.
During her first two weeks of high
court arguments, Ginsburg has asked
r lawyers frequent and probing ques-
tions on other issues such as drug
forfeitures and civil rights law.
She also has brought the perspec-
tive of a former women's rights advo-
cate to the conservative court, said
some observers who noted that
Ginsburg at one point described the
"old days" of sexist law professors.
"She has hit the ground running,"
said Stuart Gerson, former acting at-
torney general in the Bush adminis-
tration. "She has shown a great deal
ofenergy and preparedness. Being on
the court is awe-inspiring, but she is
not awe-struck."
Newjustices often holdback when
just arriving on the bench.
Justice David Souter waited three
weeks to ask his first question in
1990. Now a frequent and incisive
questioner, Souter admits finding
the job overwhelming at first.
Ginsburg's performance is being
likened to the equally fast start in
1986 by Justice Antonin Scalia, her
former federal appeals court col-
league.
"It's not just that she's asking lots
of questions. It's that she's asking
outstanding questions that get to the
heart of the matter," said Georgetown
University Law Professor Susan
Bloch.
In the sex-harassment case, the
lawyer representing the woman, who
filed the lawsuit against a Tennessee
company, didn't escape close ques-
tioning either. Ginsburg suggested he
was making the case more compli-
cated than it should be.
If a woman is told "you think
like a woman" and a male co-
worker is not subjected to similar
comments, "doesn't that make
their job more difficult?"
Ginsburg asked.
"Do you need anything further
than that? The terms and conditions
(of a job) aren't equal if one is called
names and the other isn't," she said.
Ginsburg suggested an equally
straightforward view during argu-
ments on a civil rights case, pointing
out that whatever penalties are re-
quired, the law has been clear since
1964: "Thou shalt not discriminate."
In another argument, she said a
drug-forfeiture law's basic message
also is clear: "That's part of the pen-
alty; you forfeit the home where the
drugs were kept."
Ginsburg's vigorous performance
comes as no surprise to lawyers who
argued before her on the federal ap-
peals court.
"The potential is there for her to
establish herself early on as a leading
member of the Supreme Court," said
Charles Cooper, a former assistant
attorney general in the Reagan ad-
ministration. But he added, "Saying
that at this stage is quite treacherous."
Her influence in the court's de-
cisions and opinion-writing re-
mains an open question. It will
depend in part on what opinions
she is assigned to write by Chief
Justice William Rehnquist or the
senior justice on the prevailing
side of a case.
£ q -
CORRECTION
An error appeared in a
Mrs. Peabody's ad on
Wednesday, October 13.
Mrs. Peabody's is
Open at 8:30 a.m.
Monday thru Thursday
The Michigan Daily Display Dept.
apologizes for any inconvience
this may have caused.
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