Justice Ruth Bader Ginsburg Andrea S

Ruth Bader Ginsburg: The Case of R. B. G. vs. Inequality by and well-written. The use of a variety of phrases in I Dissent Jonah Winter; illustrated by Stacy Innerst (New York: Abrams used to describe Ginsburg’s disagreement with societal norms Books for Young Readers, 2018) (48 pp.) (e.g., “dissent,” “did not concur,” “disagreed”) shows students both the power of dissent to make change and the power of I Dissent: Ruth Bader Ginsburg Makes Her Mark by Debbie diverse language to tell an engaging story. As its title suggests, Levy; illustrated by Elizabeth Baddeley (New York: Simon & The Case of R. B. G vs. Inequality presents a narrative as would Schuster/S&S Books for Young Readers, 2017) (40 pp.) a lawyer arguing a case in court, which is a winning format that provides students with a creative model of narrative nonfiction. The last few decades have seen the publication of many It is also worth mentioning that The Case of R. B. G. vs. biographies of brave girls and women. There are books about Inequality was named a New York Times/New York Public girls going to jail for civil rights; and young women striking for Library Best Illustrated Children’s Book of 2017. The beauti- better wages and working conditions, flying planes solo across ful inside cover illustrations reinforce the importance of the the ocean, working as investigative journalists, casting illegal quiet, steady work of the acquisition of knowledge: hundreds votes, initiating hunger strikes in jail, writing about lynching of books line a wall of shelves and Ruth Bader Ginsburg, on a at great personal cost, and many others.1 Read cumulatively, ladder, in her judicial robe and collar, reaches for one of them; these biographies might suggest that most women who make on the title page, she is a young girl, reading a book. a difference must engage in some sort of extra-legal action or brave some sort of physical danger. It is rather unusual, then, The Personal and Professional are Political to read about a woman who has had, and, at age 85 continues From its opening line, “Ladies and gentlemen of the jury…,” to have, a profound impact on American society, not with one R. B. G. cleverly builds a case about the future justice’s lifelong or two memorable acts, but through hard work and use of her fight against inequality. Presented, first, is evidence of inequality intellect, day after day, and night after night—sometimes staying about the world into which Ginsburg was born, and not only up until 4:00 am to finish her reading and writing. Thus, the evidence about women’s inequality (a father who felt that “a two accounts of Ruth Bader Ginsburg, published in the last woman’s place was in the home”), but discrimination against two years and named as Notable Social Studies Trade Books Jews, as well. To escape religious persecution, Ginsburg’s par- for Young Readers, are welcome additions to biography shelves ents fled Europe in the 1930s, and their daughter experienced in school classrooms and libraries. discrimination firsthand when she saw a sign outside a resort in Both books reviewed here, Ruth Bader Ginsburg: The Case Pennsylvania, warning, “No Dogs or Jews allowed.” The author of R. B. G. vs. Inequality and I Dissent: Ruth Bader Ginsburg underscores that persecution was not confined to Europe: “This Makes Her Mark, are inspirational. They tell a story that happened right here in America.” is both typical and exceptional–the striving of the children Ginsburg’s mother, whose own educational aspirations had of immigrants and their conviction that the law could be an been thwarted, as she had to work so that her brother could instrument of societal change. While they cover some of the attend college, became the driving force behind her daugh- same ground—both books highlight the influence of Ginsburg’s ter’s educational achievement. Sadly, neither Ginsburg nor mother and her emphasis on books, the library, and educa- her mother attended her high school graduation, where she tion—the two biographies emphasize different aspects of and was sixth in a class of 700, as her mother died that day, at the details about Ginsburg’s family and professional life. The read- end of a four-year bout with cancer. One could well imagine ing level of The Case of R. B. G. vs. Inequality is more appro- Ginsburg’s educational journey ending at that point, without priate for upper elementary students, while I Dissent can be her encourager-in-chief. However, the author narrates, “There handled by primary students, as well. Both works are engaging was only one thing for Ruth to do.” She heads for Cornell,

January/February 2019 29 where her mother’s brother had gone–and where her own Even having a husband in her corner, the barriers to a woman mother would have gone, had she been encouraged as a young pursuing a career in law were formidable; The Case of R. B. G. woman. This theme is picked up again later in the book, when vs. Inequality uses “exhibits” to make this point in the text and Ginsburg honors her mother as she accepts her appointment accompanying illustrations: to the Supreme Court: “I pray that I may be all that she would have been had she lived in an age when women could aspire A. At her first job after college, Ginsburg’s boss demoted her and achieve, and daughters are cherished as much as sons.” and slashed her wages when he found out she was pregnant. Cornell University in 1950 had a 4:1 ratio of men to women students (today it is about 1:1). The author is forthright about B. She was one of nine women in a class of 500 at Harvard the paradox for women at Cornell: they had to be very smart Law School, which did not provide housing for female to get in, yet pretend not to be smart to get a date; a pointed students. (I was reminded of the House of Representatives’ illustration depicts Ginsburg hiding out in the bathroom to failure to provide bathrooms for women near the floor until study, one of many visuals that complement the text artfully. 2011.)3 This paradox notwithstanding, “She was always listening, always thinking, always learning.” (As both college professor C. She was barred from entering the periodical room of the and parent, I cannot think of a better approach to college or a Harvard law library because she was a woman. better message for elementary students.) At Cornell, she also met her future husband, Martin D. In most of her law classes, there was only one woman, who Ginsburg, from whom she did not have to hide her intellect, would be called on as a joke–notwithstanding that the as he was the first man who “liked that she had a brain.” That women were hyper-prepared and almost always answered this is the second-to-last mention of Marty Ginsburg is a shame. correctly. One could argue, as Ginsburg, herself, has, that Marty’s ahead- of-his-time attitude toward women, including his commitment E. Famously, the Dean at Harvard asked each female student to domestic egalitarianism (most notably, as the cook in the why she thought she deserved a spot in the school that family), positioned her to have a wildly successful career in could have gone to a man. Ginsburg’s answer, “To better law, even as she was a wife and mother. Half a century later, understand the work of my husband.” This reply turned Sheryl Sandberg admitted that Ruth Bader’s excellent choice out to be ironic because, without Ginsburg’s help, her of spouse was the most important factor that made it possible husband wouldn’t have graduated, as he became gravely ill for her to “lean in.”2 and was unable to attend classes. She went in his stead, took

30 Social Studies and the Young Learner notes for him, cared for him, took care of their newborn, up, because she refused to let other people define her limita- went to her own classes, and was an editor of Harvard tions as a person, Ruth Bader Ginsburg has herself become a Law Review. (Just reading that last sentence is exhausting!) symbol of justice in America.” Happily, her husband recovered, graduated, and got a job The extensive Glossary and Author’s Note fill in more of the in New York, so Ginsburg transferred to Columbia, where context, including that Ginsburg was one of a record-breaking she graduated, tied for first in her class. 40 female appointments to the federal bench made by President Jimmy Carter. When he took office in 1977, only one of the 97 F. After she graduated, no law firms would hire her–she federal judges was a woman. The end material also mentions had the “triple whammy” of being a woman, a Jew, and the names of cases that produced Ginsburg’s strongest dis- a mother–so Ginsburg secured jobs as a law clerk and, sents and provides details of her dissenting opinion in Citizens then, a law professor. (My own mother graduated from United vs. Federal Elections Commission. The Author’s Note Columbia Law School in 1948, one of three women in her concludes with the Justice’s response, when questioned as to class, and she, too, could not get hired by any firm other how many women on the Supreme Court would be enough: than her father’s.) “When there are nine.”

G. At Rutgers, Ginsburg discovered that female professors The Importance of Dissent were paid less than males; she and another woman sued Of course, no single book has to cover everything. If The Case and won. of R. B. G. vs. Inequality focuses more on Ginsburg’s upbringing prior to her work on the bench as well as her style of “dignity, H. Ginsburg would speak up at faculty meetings and men civility, intelligence, and a soft-spoken manner,” then I Dissent would ignore her; men would, then, make the same point explores more of the substance of her work and the notion that Ginsburg had just made and get credit for the idea … that “disagreement doesn’t mean being disagreeable,” as her even after she became Columbia’s first tenured female law disagreements have been “with creaky old ideas, with unfair- professor. As recent research makes clear, this phenom- ness, with inequality.” enon is still very much with us in 2018.4 Throughout I Dissent, the disagreements with unfair societal norms are highlighted on the page, often in the “big words” style As head of the American Civil Liberties Union Women’s Rights associated with children’s book author Doreen Rappaport.5 For Project, Ginsburg argued six women’s inequality cases before example, “Ruth’s mother DISAGREED” with respect to the the Supreme Court (five of which she won). Curiously, The different expectations for boys and girls, whereby “Boys were Case of R. B. G. vs. Inequality does not explain the cases, a expected to grow up, go out in the world, and do big things. serious omission. In a book about the ability of a woman to read, Girls? Girls were expected to find husbands.” understand, feel passionate about, and, ultimately, interpret the Some of the marker events regarding prejudice and discrimi- law, it seems inconsistent not to describe briefly for readers nation against women and Jews are found in both books, though what the main issue was in each of those cases; nor does the I Dissent provides more context by providing illustrations of book mention the Fourteenth Amendment’s equal protection signs designed to exclude other groups (Mexicans, “Coloreds”) clause until the glossary. These omissions feel particularly prob- from hotels, restaurants, and neighborhoods. lematic, given that the author makes the point that Ginsburg Several anecdotes of dissent from Ginsburg’s girlhood not eschewed in-the-street protest in favor of working through the found in The Case of R. B. G. vs. Inequality are included in legal system. I Dissent. Ginsburg was made to write only with her right Similarly, while The Case of R. B. G. vs. Inequality tracks hand, which earned her a D in penmanship. “Then she Ginsburg’s path from arguing before the Supreme Court to PROTESTED” by writing with her left hand, and her pen- being appointed as a justice to the Court, the book’s main manship was fine. She “OBJECTED” to being forbidden to narrative does not share the content (even in a brief summary) talk shop, like the boys. of any of her opinions or dissents as a member of that august I Dissent does an excellent job of presenting the crucial role body. Instead, its final focus is on how she conducted herself Marty Ginsburg played in supporting his wife’s career. One to get there, despite the many barriers to her eventual success. illustration shows him holding the baby, while Ruth studies her Thus, the final illustration presents the front of the Supreme law books; in another, Marty makes dinner for the family. The Court, with its “equal justice under law” moniker visible; on author emphasizes the extraordinary and contested nature of its steps are both the factors that supported her journey there these divisions of labor (stereotypes of which, even today, are (her mother, her books) and the barriers that could have cut commonly adhered to).6 “People found this strange.” Naturally, that journey short (signs that read “men only” and “No Dogs Ruth, Marty and their children “DID NOT CONCUR” that or Jews Allowed”). The final words of the book render its judg- it was somehow strange for a husband and father to contribute ment: “There can be just one verdict: Because she did not give in this way.

January/February 2019 31 If I Dissent is less specific than its counterpart about the brings the reader full circle, showing that disagreement need discrimination that Ginsburg faced while in law school, the not be a barrier to comity. The final line of the book under- context it provides about the Supreme Court’s stance on wom- scores both the incremental nature of change and the value en’s equality at the time Ginsburg enters the law profession is of challenging the status quo: “Step by step, she has made a illuminating. The author quotes the language that the Court had difference…ONE DISAGREEMENT AFTER ANOTHER.” used over the years that demonstrated its approval of women End materials include a detailed, two-page biography, notes making less money and having fewer jobs open to them than on important Supreme Court cases during Ginsburg’s tenure men: “Woman has always been dependent upon man;” “The (including those she argued before the Court), a bibliography, natural and proper timidity and delicacy which belongs to the and the sources of the quotations from the text. female sex evidently unfits it for many of the occupations of If these two biographies can whet students’ appetites for civil life.” The book also provides Ginsburg’s reaction: “Ruth more specifics regarding the cases, then excerpts from the really really DISAGREED with this!” documentary, RBG, and the biopic, On the Basis of Sex,11 can Although the text of the book does not supply the names of greatly enhance students’ understanding of the importance of the gender equality cases that Ginsburg argued in front of the the partnership of Ruth and Marty. While, in the picture books, Supreme Court in the 1970s (nor does it mention that she did his role as his wife’s supporter at home is clear, in both films so as counsel for the ACLU), it does provide a brief discussion Marty emerges as his wife’s professional champion. The equal of the issues at stake—including that the issues affected men marriage of Ruth and Marty Ginsburg ultimately provides as well as women—and identifies the cases (and how to access students with not one role model, but two. audios of the arguments) in a special section at the end. Still, this reader would have liked to see more of the specifics of a Notes few of the cases in the body of the text. It does not seem beyond 1. See the many women’s biographies listed in the Notable Social Studies Trade Books for Young People, www.socialstudies.org/publications/notables; request the the comprehension of elementary students to read about the author’s recommended list of biographies alluded to here at andrea.s.libresco@ problematic predicament of Sharron Frontiero, a lieutenant in hofstra.edu. 2. Sheryl Sandburg, Lean In: Women, Work, and the Will to Lead (New York: the Air Force who, in the early 1970s, discovered that she did Knopf, 2013). not qualify for certain military benefits (like a spousal housing 3. Nancy McKeon, “Women in the House Get a Restroom,” Washington Post (July allowance) given automatically to men.7 Nor would nine- and 28, 2011). ten-year old students have difficulty understanding the inherent 4. Mia Mercado, “Women Get Less Credit than Men at Work for Speaking Up & Leadership Roles, According to a New Study,” Bustle, (Decenber14, 2017), www. unfairness in a prestigious, state-run institution like the Virginia bustle.com/p/women-get-less-credit-than-men-at-work-for-speaking-up-leadership- Military Institute’s refusal to admit women.8 roles-according-to-a-new-study-7602174. 5. Doreen Rappaport, Martin’s Big Words: The Life of Dr. Martin Luther King, Jr. Perhaps unsurprisingly, I Dissent is better at highlighting (New York: Hyperion, 2011). (Rappaport’s other “Big Words” books include the issues underlying Ginsburg’s dissents (when the majority biographies of Walt Disney, Frederick Douglass, Helen Keller, John F. Kennedy, on the Court wouldn’t help women, African Americans, or John Lennon, Abraham Lincoln, Eleanor Roosevelt, and Teddy Roosevelt). 6. “American Time Use Survey Charts by Topic: Household Activities” (Washington, immigrants who had been treated unfairly at work; rejected a DC: U.S. Bureau of Labor Statistics, December 20, 2016), www.bls.gov/tus/charts/ law meant to protect the right of all citizens to vote, no matter household.htm. their skin color; and said “no” to schools that offered African 7. Frontiero v. Richardson, 411 U.S. 677 (1973). 8. United States v. Virginia, 518 U.S. 515 (1996). Americans a better chance to go to college). The book sets off 9. Ledbetter v. Goodyear, 550 U.S. 618 (2007). each with a special label, “I DISSENT,” and an icon, the spe- 10. “Lilly Ledbetter Fair Pay Act of 2009” (Pub.L. 111–2, S. 181). cial collar Ginsburg wears on days when she reads her dissent 11. Daniel Stiepleman, On the Basis of Sex, feature film, directed by Mimi Leder from the bench. The author mentions that one of her dissents, (Universal City, CA: Universal Pictures, 2018);Julie Cohen and Betsy West, RBG, documentary (New York: Magnolia Pictures, 2018). over equal pay for women, was especially convincing. Again, 12. Questions adapted from: Andrea S. Libresco, Jennette Balantic, and Jonie C. however, the author does not mention the name of the case, Kipling, Every Book Is a Social Studies Book: How to Meet Standards with Picture Ledbetter v. Goodyear Tire & Rubber Co., or explain what Books, K–6 (Santa Barbara, CA: Libraries Unlimited, ABC-CLIO, 2011). those convincing arguments were, e.g., that women often do not know they are being paid less as they receive a paycheck, and it is, therefore, unfair to expect them to act at the time of the incident.9 A year and a half later, Congress passed and the president signed the Lilly Ledbetter Fair Pay Act, which 10 superseded the Court’s ruling. Classroom Activities are on the following page. The biography concludes in the present, showing that Ginsburg’s age has not been a barrier to her productivity, detail- ing her attendance (“she never misses a day in court”), exercise, Andrea S. Libresco is Professor of Teaching, Learning and Technology speeches, and travels. Moreover, a discussion of her friendship at Hofstra University in Hempstead, New York. with her sparring partner on the Court, the late Justice Scalia,

32 Social Studies and the Young Learner Using the books: Ruth Bader Ginsburg: The Case of R. B. G. vs. Inequality and I Dissent: Ruth Bader Ginsburg Makes Her Mark Classroom Activities

Activity Description Questions

Use the list of cases at the end of I • What is the legal question? Dissent, assign groups of students • What are the arguments on each side? different cases that Ginsburg argued Analyzing cases before the Court or ruled on as a • What is the majority opinion of the Court? member of the Court. • What is the dissenting opinion? (grades 4–6) Students use the questions to organize • Which quotations in the opinions are most compelling? and present their findings to the class.. • To what extent do the cases document a changing understanding of equal protection of the law?

Discuss the concept of equal protection • Should household chores be done by a particular gender? of the law from the court cases. Clarify • Should care of the children be done by a particular gender? Values students’ values with respect to equality clarification by posing questions regarding who • Are there certain jobs that only one gender should pursue? should do the household chores, care • If you notice gender discrimination, what can you do about (grades 3–6) for children, or be encouraged to pursue it? certain jobs to see if their values match their reality.

Different groups of students can read • What societal need did RBG discover, and how did this and discuss one of the two books discovery shape her motivation to be a change agent? or view the documentary, RBG, or • What characteristics (personal, family, societal) shaped the biopic, On the Basis of Sex. They RBG’s ability to be a change agent? Comparing answer the questions, each written on • What obstacles did RBG face in her struggle for change? biographical sources a separate piece of chart paper at the front of the room, according to the • Which source yielded the most important information? source examined. A color indicates (grades 3–6) • What other information would you like to know about a source; when all responses have RBG to get a more complete picture of her life and been recorded in their particular achievements? colors, students will be able to see that different books can yield different information about the same historical figure.

Put students in literature circles, in • Are the backgrounds of women activists more alike or which they read other biographies of different? women who made a difference and, • Are the obstacles they faced more alike or different? then, examine their backgrounds, the Using literature circles obstacles they faced, and how they • Are the tactics that women activists used more alike or to compare activists overcame them. Students then compare different? and contrast these women’s tactics • Which women activists do you think had the greatest (grades 3–6) and impact with those of Ruth Bader impact on their societies? Why? Ginsburg.12 • How does reading life stories of significant individuals affect the way you want to live your own life?

NCSS Standards: TIME, CONTINUITY, AND CHANGE; INDIVIDUAL DEVELOPMENT AND IDENTITY; INDIVIDUALS, GROUPS, AND INSTITUTIONS; POWER, AUTHORITY, AND GOVERNANCE; CIVIC IDEALS AND PRACTICES.