Justice Ginsburg Undergoes Cancer Surgery

Main Category: Pancreatic Cancer
Also Included In: Abortion;  Women's Health / Gynecology
Article Date: 09 Feb 2009 - 0:00 PDT

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U.S. Supreme Court Justice Ruth Bader Ginsburg on Thursday underwent surgery for pancreatic cancer, sparking discussions over possible replacements to the bench, the Washington Post reports. Ginsburg, who is 75 years old and the only female justice, received the diagnosis in January after a routine checkup, which found the cancer at an early stage, according to a statement released by the court. She is expected to remain in New York City's Memorial Sloan-Kettering Cancer Center for seven to 10 days. According to the Post, pancreatic cancer is among the most deadly forms of the disease, and only 7% of cases are detected early. Although the Obama administration has been considering Supreme Court nominees "in the abstract," the process "may accelerate depending on Ginsburg's prognosis," the Post reports (Johnson/Stein, Washington Post, 2/6). According to the Los Angeles Times, if Ginsburg's cancer led to a vacancy, it "would probably not change the balance on the court, as Obama would probably appoint a like-minded person to replace her" (Oliphant/Maugh, Los Angeles Times, 2/6). Ginsburg is considered one of the more liberal members of the court and has been a consistent advocate for abortion rights and civil rights, the Wall Street Journal reports.

According to the Journal, Obama would be "likely" to appoint a justice to the bench who would "continue [Ginsburg's] approach to the law." In addition, it is "almost certain" he would choose a woman to join the eight male justices, the Journal reports. Potential candidates include Kathleen Sullivan, a professor and former dean of Stanford Law School; Georgia Chief Justice Leah War Sears; Harvard Law School Dean Elena Kagan, who is Obama's nominee for solicitor general; and U.S. Circuit Judge Sonia Sotomayor (Bravin, Wall Street Journal, 2/6). In addition to those women, 9th U.S. Circuit Court of Appeals Judges Kim McLane Wardlaw and Margaret McKeown, as well as Stanford law professor Pam Karlan, are considered possible nominees, the AP/Austin AmericanStatesman reports (Sherman, AP/Austin American-Statesman, 2/6). The New York Times reports that other possibilities include Diane Wood, a federal appeals court judge in Chicago; Gov. Deval Patrick (D-Mass.), a former Justice Department official; Merrick Garland, a federal appeals court judge in Washington; and Cass Sunstein, a Harvard law professor who has been named administrator of the Office of Information and Regulatory Affairs (Liptak, New York Times, 2/6).

According to the Los Angeles Times, Ginsburg was appointed in 1993 by President Clinton, and in her early legal career was a "trailblazing advocate for women's rights," co-founding the Women's Rights Project at the American Civil Liberties Union (Los Angeles Times, 2/6). USA Today reports that Ginsburg has in the past publicly said she does not intend to retire anytime soon, and there was no indication that she would not complete the current term, which usually runs until the end of June. The court -- which has five members age 70 or older -- is currently closely divided, with Ginsburg offering a possible swing vote to avoid a 4-4 deadlock on some disputes (Biskupic/Szabo, USA Today, 2/6).

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