Ginsburg Cancer Prompts Speculation Over Replacements; Editorial Praises Justice's 'Candor'

Main Category: Pancreatic Cancer
Also Included In: Abortion
Article Date: 10 Feb 2009 - 4:00 PDT

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The news that Supreme Court Justice Ruth Bader Ginsburg has undergone surgery for pancreatic cancer "served as an early reminder of the weighty judicial choices ahead for President Obama" and "resurrected discussions" about the type of jurist Obama might appoint to the court if a vacancy occurs, the Washington Post reports. According to the Post, possible choices to fill Ginsburg's seat include Harvard Law School Dean Elena Kagan, Stanford University law professor Kathleen Sullivan, U.S. Court of Appeals for the 2nd Circuit Judge Sonia Sotomayor and 7th Circuit Judge Diane Wood.

Prior to Obama's election, "left-leaning interest groups hungry to change the balance of the court pressed" him to nominate a judge who leans toward progressive social views, the Post reports. Conservative interest groups and advocates are "gearing up for nomination fights," having already criticized some of Obama's nominees for Department of Justice posts as "overly liberal" on issues like abortion rights and capital punishment. According to the Post, many constitutional scholars who follow judicial appointments said they would be "shocked" if a woman were not nominated to replace a vacancy on the court. Marcia Greenberger, co-president of the National Women's Law Center, said, "The concept in this day and age of having only one female justice out of nine is extremely problematic and hurts the ability of the court to understand how the law applies in a real-life context." Yale Law School professor Judith Resnik said, "It matters a great deal who's on the court." She added, "Ginsburg is committed to the idea that it's important for women and men to be equal participants, and equality on the court does not mean creating a set of one."

Despite the speculation over replacements, Ginsburg plans to return to the court in time for oral arguments scheduled for Feb. 23, according to Kathy Arberg, a spokesperson for the judge. Ginsburg is known for "a powerful will and physical stamina," and she did not miss any time on the bench while battling colon cancer 10 years ago, the Post reports. She is "making a few small concessions to pancreatic cancer," which include having someone else deliver her remarks at a scheduled speaking engagement (Johnson, Washington Post, 2/7).

Ginsburg's Honesty Helps 'Avert Rumors,' Editorial Says

The "candor" shown by Ginsburg when she announced her diagnosis of pancreatic cancer "helps to avert rumors and the kind of media frenzy" that has occurred when justices previously announced illnesses, a Post editorial says. "There can be no fixed rule in these matters," the editorial continues, adding, "Even public figures deserve privacy, and little is more personal than health." However, "generally the public is entitled to know whether officials are healthy enough to carry out their duties responsibly," which is "especially true when the official is one of only nine people who hold life-tenured position on the highest court in the land," the editorial says. Ginsburg is "right to recognize this" and is a "remarkable person," it continues, adding that she "exhibited boundless energy during her early career three decades ago waging and winning uphill battles for women's equality." The editorial says, "We trust that her grit and her indomitable spirit will serve her well during this difficult time" (Washington Post, 2/8).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company.

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