Word: ginsburg
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...famous Virginia v. Black case, the usually quiet Justice Clarence Thomas spoke out passionately against cross-burning, helping push the whole court to find a new area of constitutionally unprotected speech. In a case from this term, an impassioned argument by the court's only woman, Justice Ruth Bader Ginsburg, seemed to sway the court to rule that the strip search of a 13-year-old girl violated her Fourth Amendment rights against unreasonable search. "Sometimes one person counts for more than one vote on the court," says Yale Law School professor Akhil Amar...
...wise Latina" theme was delivered in Puerto Rico in 1994 and focused not on race but on gender. Sotomayor was responding to an article written by a colleague, Miriam Goldman Cedarbaum, a federal judge in New York. Cedarbaum, like Justice Sandra Day O'Connor and Justice Ruth Bader Ginsburg, was an "equal treatment" feminist, who had expressed concern about the premise that women judges necessarily approach cases differently than men do. "Generalizations about the way women or men are," Ginsburg famously said, "cannot guide me reliably in making decisions about particular individuals...
...Sotomayor, in her speech, takes a very different view from Ginsburg's and O'Connor's. She sympathizes with "difference feminists" and then says she is not sure she agrees with O'Connor's reputed statement that "a wise old man and a wise old woman reach the same conclusion in deciding cases." Sotomayor concludes, "I would hope that a wise woman with the richness of her experience, would, more often than not, reach a better conclusion" - and then defines "better" as a "more compassionate, and caring conclusion." She also recommends a 1993 article in Judicature, a legal journal, that...
...decision written by Sotomayor that said individuals have the right to sue a corporation working on behalf of the Federal Government for violations of their constitutional rights. But that was a narrow, 5-4 reversal in which the court's four most consistent liberals - Souter, Stephen Breyer, Ruth Bader Ginsburg and John Paul Stevens - all supported her reasoning...
...That same year, in Lee v. Weisman, Souter joined the 5-4 majority that disallowed a prayer at a public high school graduation. And as the '90s wore on and Bill Clinton's court nominees Ruth Bader Ginsburg and Stephen Breyer came on board, Souter was increasingly inclined to join with them and John Paul Stevens to form the court's liberal wing...