I
’m sure you’ve all heard by
now, but the long-seated
Supreme
Court
Justice
Ruth Bader Ginsburg died. She
passed away on Sept. 18 and
immediately reinvigorated a
partisan conflict that’s been
brewing for the past four years.
Her body hadn’t even been
cold, and people were already
in an uproar about what the
proceeding
replacement
would look like. Sentiments
over former President Barack
Obama’s
appointee,
Justice
Merrick Garland, come to mind
as the Republicans seek to fill
the vacancy in the weeks before
the election. I don’t really want
to talk about that, though.
I never expected Sen. Mitt
Romney, R-Utah, to actually
have any decency and follow
through
with
his
dissent,
anyway. Politics is a game, after
all, and the rest is just for show.
I want to talk about what
RBG means to many people.
Her influence in American
politics cannot be understated
— a champion of women’s
rights. I won’t try and take that
away from her. But there are
many instances where RBG has
ruled in a fashion many would
say to be, well, problematic.
Her history isn’t clean. I’m not
trying to urinate on the fresh
grave of such a prolific figure.
She’s not Margaret Thatcher,
after all. I take contention
with the unquestioning faith in
the most iconic figures of the
American left. Being unable to
criticize
such
consequential
figures is something I take
contention with. Let’s take a
holistic look at Ginsburg, her
legacy and what it all means to
me and many other people.
I’ll start with the good. It’s
irrefutable she’s had a positive
impact on women’s rights in
this country. Ginsburg was
one of nine women at Harvard
Law when she enrolled in 1956,
later transferring to Columbia
to graduate in 1959. She was
undoubtedly a trailblazer in
this right and helped paved
the way for many other women
to follow suit. Soon after,
RBG
volunteered
with
the
American Civil Liberties Union
and co-founded the Women’s
Rights Project which started
her career as a champion of
gender equality right out of
the gate. The Women’s Rights
Project went on to challenge
bias in government, including
things like treatment of men
and women in the military
and unequal treatment in state
jurisdictions.
On
the
bench
in
the
Supreme Court, she ruled in
favor of the rights of disabled
Americans, arguing for the
rights of two neurodivergent
women that had been trapped
in a psychiatric ward without
their consent. Even in the
dissenting opinion, RBG made
her perspectives known and
her stance clear. In 2007, the
case of Ledbetter v. Goodyear
Tire & Rubber Co. reiterated
the rights of corporations to
pay
their
workers
unequal
wages in equal positions. RBG
wrote
the
dissent,
reading
on the bench (an uncommon
practice) about her objections
to the ruling and her aversion
to the obvious sexism within it.
“In our view, the court does not
comprehend, or is indifferent
to, the insidious way in which
women can be victims of pay
discrimination,”
Ginsberg
said in her dissenting opinion.
Ginsburg’s
fight
for
equal
rights cannot be understated.
But with such a long and
expansive
career,
there
is
always going to be some bad.
RBG has had some speed
bumps, and it would be foolish
to completely ignore them.
Many
critics
that
actually
have something to say, rather
than vapid political squabbles,
mention her record on things
like criminal justice and tribal
law. Her record has been
less than consistent when it
comes to the rights of felons.
In Overton v. Bazezza (2003),
she ruled in favor of a decision
that upheld a Michigan prison’s
right to bar visitation to those
with instances of substance
abuse. In Porter v. Nussle, she
authored the majority opinion
which determined “No action
shall be brought with respect
to prison conditions … until
such administrative remedies
as are available are exhausted”
before trying to file for abuse in
court. Doesn’t help much when
the prison system is already
labyrinthian and notoriously
terrible in terms of prisoner
rights and guard accountability.
Another point of contention
that
many
people
like
myself have with her is her
controversial rulings regarding
treaty rights and the rights
of Indigenous peoples. City
of Sherrill v. Oneida Indian
Nation of New York (2005) is
a sore thumb that sticks out
in this regard. The Oneida
Nation
repurchased
lands
privately that were once part of
their reservation and claimed
sovereignty
over
the
land
following the purchase. RBG
wrote the majority opinion
that dismissed their claims.
In addition to that, there’s
United States v. Navajo Nation,
(2003)
where
RBG
struck
down a whopping $600 million
compensation
following
a
breach of contract against the
Navajo Nation.
Don’t think I’m trying to play
to the whim of the people who
drag Ginsburg down for the
hell of it, for political gain. I
appreciate and understand the
strides she’s made for gender
equality
across
the
board.
However, I have objections
to idolatry: RBG has been
glorified as someone worthy
of unequivocal praise and not
worth examining further. I
don’t think that’s helpful. I
don’t think the answer to the
conniving and slimy politicians
that seek to engage in hypocrisy
with an appointment so soon
after Ginsburg’s death is to
deify her.
A problem I have with the
American left is their eagerness
to ignore their own flaws.
In order to be stronger, and
to accept nothing but what’s
right, we need to be able to
acknowledge the flaws in our
most lauded figures. Ginsburg
had her faults, and as people
who strive for a better world we
need to be able to recognize that
and work toward something
better, for something more
satisfactory. I’m tired of this
banal level of acceptance from
our rulers in this country.
Women achieving success is
always cool, but the “#girlboss”
attitude of ignoring injustice
in favor of symbolic victory is
nearly just as harmful as flat
out ignoring our problems.
Ginsburg did so much good,
but she was by no means the
end of what we should ask from
justices. Never accept anything
less than justice. It’s in the
position’s title, right?
T
he COVID-19 pandemic
has presented a unique and
unprecedented
challenge
for economies across the globe as
world leaders balance safeguarding
public
health
with
protecting
workers and industries. Here in the
United States, as we continue to
respond to the ongoing threat posed
by the coronavirus, our nation has
suffered staggering economic losses.
According to the Bureau of Economic
Analysis, the U.S. economy shrank
at an alarming annual rate of 32.9
percent in the second quarter of
2020 alone, setting a record for the
steepest drop in history.
While the coronavirus crisis
has had widespread impacts on the
entire U.S. economy, it has had an
especially destructive impact on
workers and jobs. Since COVID-19
first prompted economic shutdowns
in March, tens of millions of U.S.
workers have sought unemployment
aid for the first time. At the
beginning of September, the U.S.
Labor Department reported that
almost 900,000 workers filed initial
claims for unemployment benefits in
one week alone. On the other hand,
though the unemployment rate has
recovered somewhat since it hit nearly
15% in April, the Bureau of Labor
Statistics’ recent August jobs report
signals that millions of workers still
find themselves struggling due to the
pandemic’s impact.
As a result of this staggering
economic
carnage,
Congress
and
the
federal
government
have implemented a number of
expansionary measures that aim to
prop up our damaged economy. Once
businesses were forced to close as
states shut down in March, Congress
worked quickly to deliver aid to
struggling Americans. In late March,
President Donald Trump signed
the Coronavirus Aid, Relief and
Economic Security Act into law after
Congress passed it with bipartisan
support.
The unprecedented CARES Act
— which cost the federal government
more than $2 trillion in total — served
as a multi-pronged approach to help
those affected by the pandemic. Soon
after this act was signed into law, each
American citizen with income less
than $75,000 (or $150,000 for those
filing jointly) received a generous
$1,200 stimulus check along with
an additional $500 for each child
under 17 years old in the household.
Meanwhile, the CARES Act led to
the implementation of the Paycheck
Protection Program, a beneficial
effort that provided small businesses
financial support to help them survive
this crisis. Finally, in addition to
stimulus checks and support for small
businesses as part of the CARES Act,
the federal government also provided
enhanced unemployment benefits of
$600 per week, which unemployed
American
citizens
received
in
addition to state aid.
The CARES Act was truly a
remarkable
effort
that
quickly
distributed
benefits
across
the
nation in a time of distress and
severe economic instability. But in
retrospect, the Act was far from
perfect. Though the CARES Act
was successful in many ways, our
lawmakers designed this legislation
more broadly in order to distribute
this crucial economic aid as quickly
as possible. The broad targeting of
this stimulus plan led to obvious
waste and inefficiency. In terms
of the stimulus checks, our federal
government distributed benefits to
all Americans under a certain level of
income, even if some of these people
never lost their jobs. Meanwhile, it
is highly evident that the PPP was
misused and taken advantage of by
a large number of businesses, with
the Wall Street Journal reporting
that “the program’s $521 billion in
loans ... went to well-heeled and
politically connected firms across
the economy, including law offices,
charities, restaurant chains and
wealth managers.”
At the time the original CARES
Act was passed in March, it seemed
hard to imagine that further stimulus
efforts might be necessary. Six months
later, however, while our government
has already spent trillions of dollars
and helped millions of Americans, the
coronavirus pandemic shows no signs
of letting up anytime soon, with our
country’s top health experts warning
that the COVID-19 crisis is far from
over. The ongoing threat posed by
the pandemic has therefore reignited
debates over further stimulus efforts,
though the negotiations in Congress
have appeared to stall for the time
being.
It’s painfully obvious at this point
that the coronavirus will continue
to threaten the American economy
until an effective therapeutic or
vaccine is made available to the public.
Until then, it is incumbent on our
lawmakers and government officials
to
implement
further
stimulus
measures that fight the economic
impacts of COVID-19. However, while
future stimulus bills are necessary, we
must learn from the shortcomings
of the CARES Act and make new
stimulus money more narrowly
targeted to those affected most.
Unlike in March, we have the tools
today to better understand who is
most impacted by COVID-19 and the
time to actually implement a strategy
that is more narrowly targeted.
A more narrow strategy to uplift
struggling Americans would not only
be a more efficient plan but would be
a smarter plan. Instead of wastefully
trying to distribute benefits to every
American, as was the case with the
CARES Act, narrow targeting of
stimulus benefits would enable us to
focus on those who need help most.
9 — Wednesday, September 30, 2020
Opinion
The Michigan Daily — michigandaily.com
Now, we must all find a way to be notorious
JESS D’AGOSTINO | COLUMN
A slightly more holistic look at R.B.G.
SAM FOGEL | COLUMNIST
Evan Stern can be reached at
erstern@umich.edu.
Future stimulus efforts must be more
narrowly targeted
EVAN STERN | COLUMNIST
A
t 87 years old, Justice
Ruth Bader Ginsburg lost
her battle to cancer. As I
type the word “battle,” it could
not feel more appropriate, as
Ginsburg truly was a warrior who
fought far beyond the physical
obstacles of cancer. We must
now all find this warrior within
us, for R.B.G. and everything she
represented. I personally plan to
wear an invisible collar, bun and
glasses as my sword, shield and
compass for the rest of my life.
For millions of people across
the world, Ginsburg’s death
provoked many tears, anxieties
and a collective call to action.
The moment my phone vibrated
and I read the headline: “Justice
Ruth Bader Ginsburg dead at
87,” I was overwhelmed with
emotion. First and foremost,
I felt a deep sadness. As for
many women, R.B.G. has been a
lifelong role model for me. As a
Jewish woman myself, Ginsburg
has shown me how to shatter the
glass ceiling I’ve been reminded
of far too many times. Separate
from
any
political
ideology,
Ginsburg should be remembered
as a trailblazing force of nature.
Whether you are politically
aligned with R.B.G. or not holds
no relevance; she was and is a true
embodiment of what the Supreme
Court should be, representative
of the trust and passion we
all yearn to see from our
government officials. Ginsburg
fought
for
and
represented
equality.
Candid
about
the
challenges she faced, Ginsburg
provides
encouragement
to
women everywhere: “I struck
out on three grounds — I
was Jewish, a woman and a
mother.”
Nonetheless,
her
accomplishments extend beyond
the word limits of my column. To
detail 87 years of her dedication,
determination and dissent on
one page would be impossible in
trying to fully encapsulate the
unbelievable contribution she
has made to our country.
Having
said
that,
a
few
highlights
should
still
be
recognized. Ginsburg was a
Jewish woman from Brooklyn,
N.Y. Beyond graduating first
in her mostly-male Columbia
Law School class, she was the
second female law professor at
Rutgers University, a co-founder
of the American Civil Liberties
Union Women’s Rights Project,
the second woman appointed
to the Supreme Court, the
first Supreme Court justice to
officiate a same-sex marriage
and a champion of equality for
all: women, Black Americans, the
Jewish community, the LGBTQ+
community, working mothers
and, genuinely, so many more.
Though I would argue that
we would have never been ready
for Ginsburg to leave us, it goes
without saying that her passing
comes at a scary time in history.
As the pandemic continues on
and the election looms closer, I
couldn’t help but wonder just a
few moments after the tears had
stopped: What does this mean
for the United States? Depending
on your perspective, the world
is either upside down or just
starting to turn right side up.
Regardless, it is essential that
the memory, legacy and work of
Ginsburg is not undone by her
replacement on the Supreme
Court.
Before
her
death,
Justice
Ginsburg
relayed
her
final
demand to her granddaughter,
Clara Spera: “My most fervent
wish is that I will not be
replaced until a new president
is installed.” On Sept. 22, just
four days after R.B.G’s passing,
President Donald Trump said he
will announce his nomination
for the Supreme Court Justice on
Saturday, Sept. 26. It goes without
saying that this announcement
has incited a lot of backlash; like
seemingly everything in this day
and age, there has been a divisive
split between those who believe
the president should nominate a
lame-duck replacement in what
could be the final months of his
presidency and those who do not.
When a woman who did
so much for our country and
asked for nothing in return
has a final wish, you obey that
wish. Think past the politics of
a judicial majority — dig down
to the most human, empathetic
part of yourself. The justice that
replaces Ginsburg must be one
equipped to carry her torch.
R.B.G. is indisputably one-of-
a-kind and nobody will ever be
as “notorious.” However, this
replacement should be similar to
Ginsburg in more ways than just
her gender.
Feeling hopeless and helpless
is natural in the wake of this
monumental loss. I encourage
every woman to do the following,
no matter who you’re voting
for this November. Think of
Ginsburg as you sign your own
mortgage or open your own bank
account. Feel her with you every
day you work as a woman, and
even more so if you are pregnant
or a mother. Support local
women running for elections.
Volunteer
in
mentorship
programs for young girls, or get
involved in your community
through whatever avenue you
are passionate about.
Supreme Court Justice Ruth
Bader Ginsburg may be gone,
but it is now our responsibility to
continue the ferocious, unrelenting
spirit of the Notorious R.B.G.
Jess D’Agostino can be reached at
jessdag@umich.edu.
Sam Fogel can be reached at
samfogel@umich.edu.
ZOE ZHANG | CONTACT CARTOONIST AT ZOEZHANG@UMICH.EDU
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