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The author admits that when a Supreme Court vacancy opened during President Clinton’s administration, she did not expect Ginsburg to be nominated as a potential Justice, partly because she was 60 years old, but also because some women’s groups felt she was too critical of the Roe v. Wade decision, which the Court had already made. Totenberg explains that while Ginsburg supported Roe in principle, she argued that abortion legalization should have passed with a case that provided better legal and political grounds. Totenberg claims that President Clinton was at first unsupportive of nominating Ginsburg due to the impression that women’s groups would be upset by the choice. Hearing this news through his friend Senator Daniel Patrick Moynihan, Marty Ginsburg began canvassing support for Ginsburg’s nomination through his network of friends and acquaintances in the White House and Congress. After interviewing several other potential nominees, President Clinton asked to meet Ginsburg; later that day, he called to inform her that he would nominate her.
In her confirmation hearings, Ginsburg was confident and composed, and Totenberg claims that she was very responsive and honest about her interpretations of the law. Once Ginsburg was confirmed, Totenberg found it interesting to cover her cases on the Court but notes that they usually kept their professional lives separate from their friendship. She explains that when she and Ginsburg “talked shop” it was always about published Court decisions, since rulings that were under consideration were confidential (130).
Totenberg recalls how Ginsburg was pleased to form a friendly working relationship with Sandra Day O’Connor, the first female Supreme Court Justice, who was still serving when Ginsburg joined. Ginsburg’s hiring resulted in a rushed renovation of the Court’s facilities so that she and O’Connor could also access a washroom without needing to walk all the way back to their own chambers. Both women were frequently annoyed by lawyers mixing up their names in spite of their very different appearances and accents. While O’Connor, a Republican from Arizona, often disagreed with Ginsburg, they both had a similar approach to cases about gender discrimination and struck down policies that were based on gender roles.
The author recalls a case that stands out clearly in her memory, since it was one of the rare times Ginsburg was clearly angry with her fellow Justices. A 13-year-old girl was strip searched by her school nurse after being falsely accused of distributing prescription medication to her classmates. Totenberg claims that the male Justices compared the experience to changing in the gym locker room, which Ginsburg passionately refuted. The author claims that Ginsburg’s interpretation of the case and anger at the student’s mistreatment helped to persuade the judges that the search was unlawful.
Totenberg reflects on how she and her circle of friends working in politics and media helped each other advance their careers in spite of feeling overlooked by the men they worked with. She continued to support other women in their careers, including her niece, journalist Emily Green, and over 100 interns over the years at NPR. The author admits that she has a reputation for strictness in her workplace, which she attributes to having “a low tolerance for fools or laziness” (144).
The author describes how both she and Ginsburg had many close friendships with men; she believes that this is because they both spent so much time in male-dominated workplaces. In spite of their political differences, Ginsburg maintained a close friendship with Supreme Court Justice Antonin Scalia, who she found funny, charming, and friendly. The two bonded over their shared sense of humor, work ethic, and their attention to detail and legal procedure. Totenberg claims that Scalia could be a “bully” on the Court and sometimes shocked observers with his politically incorrect comments, but she concedes that he was a “mensch” to people who knew him personally (150-51).
Totenberg reflects on how NPR was lesser known than it is today, and in the late 1970s, she successfully scooped stories by being brash and showing up to political meetings uninvited. The author claims that this audacity helped her establish herself as a journalist. Sometimes, however, her rebellious nature did not help her.
At the time, the Justice Department required journalists to withhold the names of the officials who briefed them; Totenberg found this rule unnecessarily secretive and refused to follow it. As a result, she, and by extension her employer, NPR, were ostracized by the Justice Department. She asked Ted Olson, NPR’s legal advisor, for help, and he asked the Attorney General at the time to help resolve the situation. Totenberg’s access to the Justice Department was restored, and she established a close friendship with Ted Olson. While Totenberg and Olson, a conservative, disagree on many issues, she respects his intellect and his approach to his work. The author claims that such close friendships between conservatives and liberals are less common today, which she regards as “one of the saddest parts” of the current political climate (158).
At the age of 54, Totenberg was widowed with the passing of her husband, Floyd. Not long after, she attended one of her father’s final concerts as a violinist. At the show, a man whom she did not recognize approached her; he explained that her mother had sold him and his late wife their home. The man, David, later sent her a poem and told her that if she was ever in Boston, he would like to see her. At the urging of her friend, Totenberg decided to try a “quasi-date” with David a couple months later (161). While she found that she really liked him, it took time for their relationship to progress. Totenberg confided in Ginsburg at the beginning of her relationship with David, and was pleased that her circle of friends and family warmed to David quickly. The two had much in common, since they were the same age and had both lost their first spouses to long illnesses.
Later that year, Ginsburg was diagnosed with colon cancer and underwent treatment. Totenberg was thrilled that Ginsburg still managed to attend the Toni House Award ceremony, where Totenberg was given the award for her journalistic body of work over her career. Later that year, Totenberg became engaged to David. She and David enjoyed their friendship with Ginsburg and her husband Marty, and Totenberg felt that David was a particularly good friend to Ginsburg since, as a surgeon, he understood the implications of her health problems. Totenberg asked Ginsburg to perform the marriage ceremony. She reveals that Ginsburg especially loved to preside over weddings and often did so for friends, family members, and colleagues. Totenberg recalls that her wedding was “joyous” and made more profound by the fact that she and David had both gone through the grief of losing their first spouses (171). Totenberg reflects on Ginsburg’s resilience; she officiated their wedding with great energy and good humor despite being hospitalized the day before. The author feels that Ginsburg’s many hardships in life, such as losing her mother, helping her husband recover from cancer, and facing obstacles in her career, may have helped her become a “truly and deliberately kind” person (173).
Unfortunately, on their honeymoon, Totenberg was injured while swimming; she was hit by a boat and had her head cut open by its propeller. Her husband, David, oversaw her recovery and took care of her at the hotel. In spite of her stitches and bruises, Totenberg continued to work and even filmed a television piece for the Gore v. Bush case at the Supreme Court. That controversial case angered Ginsburg, who strongly felt that Gore was in the right. Totenberg claims that in spite of her anger, Ginsburg knew she had to maintain a collaborative approach to her work in order for the Court to function.
While Totenberg feels she was generally fortunate in her friendships, she explains that she also experienced frustration and loss in these relationships too. As a journalist, Totenberg tried to secure interviews with each of the Supreme Court Justices. She recalls how Hugo Black and William J. Brennan, Jr. were particularly difficult to persuade, but eventually Brennan agreed to an interview. Totenberg was pleased to interview Brennan in a series of taped conversations, and they soon became friends. Totenberg fondly remembers Brennan’s generous personality and “joy of living” (180). She claims that, unlike many other celebrated people in Washington, Brennan really was a “great man” because he was honest and genuine, and he often ruled against discriminatory laws or practices (181). When Brennan fell ill and retired, Totenberg would keep him company in his nursing home.
The author argues that dining together is what helped to cement many of her friendships, including those between herself, David, Marty, and Ginsburg. She remembers how Ginsburg was a careful and intentional conversationalist who disliked small talk and never violated the privacy of the Court’s current cases. While Totenberg was friends with many of the Justices, she did not entertain more than one at a time in her house, since “each friendship had a different flavor” (185). Totenberg remembers Scalia, whom she calls “Nino,” as a particularly funny and bold friend whose antics she enjoyed.
In these passages, Totenberg uses her personal stories to add depth to her characterization of her friend, Ginsburg. She recalls how Ginsburg was typically a stoic figure, but she burst into tears upon learning that President Clinton had nominated her for the Supreme Court position. She writes, “It was one of the few times in her life when her emotions betrayed her: she started to cry. In all those years I knew Ruth, I never saw her cry, really cry. But, as Marty later told me, this was one of those rare times” (126). Totenberg recalls how certain cases riled an otherwise calm Ginsburg, showing Ginsburg’s passion for the law and the depths of her own personal opinion.
The author also continues to develop her theme of Confronting Sexist Discrimination, making note of sexist rules that Ginsburg helped to overturn, such as foreign-born children attaining citizenship easily through their mother’s citizenship as well as their father’s citizenship. Totenberg also highlights the novelty of Ginsburg’s appointment to the court, making her only the second woman to ever serve as a Justice after Sandra Day O’Connor. Totenberg claims that in O’Connor’s 12 years as the Court’s sole female Justice, she faced “enormous” social pressure and felt she had to tread carefully in her approach to women’s rights in her rulings. This underlines how O’Connor felt she represented all women and worried that her behavior might influence who politicians selected as future nominees to the Court (131). Totenberg’s description of O’Connor’s experience helps the reader understand the culture of the Court when Ginsburg was first hired to her position. With women as the minority of the Supreme Court, Ginsburg and O’Connor, in a sense, represented all women. This would inevitably mean that Ginsburg and O’Connor were tasked with fighting stereotypes and measuring their behavior in ways that their male counterpoints did not, thus highlighting gender inequality in the workplace, even the Supreme Court.
In expanding her discussion on sexism, Totenberg also highlights the importance of supportive female friendships, and thus The Importance of Friendship, in the workplace by pointing out the friendly relationship between Justice Sandra Day O’Connor and Justice Ruth Bader Ginsburg. O’Connor, the first female Supreme Court Justice, helped Ginsburg adjust to her new position by giving her insight as to how the Court functioned. Ginsburg described O’Connor as a “helpful big sister” figure to her, and she later played a similar mentoring role to new female Justices Kagan and Sotomayor (131). Totenberg claims that these mutually supportive relationships helped these Justices have their voices heard, unlike Ginsburg’s previous experiences in the workplace. The author explains, “The day-to-day dismissal of a smart woman’s voice—which so many women have experienced—happened even on the Supreme Court. But it never happened when both Sandra and Ruth were seated at the table. Despite being very different people, they really were a team” (132). This unity demonstrates the value of friendships even as they manifest in a professional setting; the underlying respect and understanding between O’Connor and Ginsburg meant that they looked out for each other in a male-dominated workplace.
Indeed, the theme of The Importance of Friendship, particularly between people with different political views, reemerges in these chapters as Totenberg discusses both her and Ginsburg’s openness to unexpected friendships. Totenberg reveals how both she and Ginsburg maintained close friendships with people who were their political opponents. Totenberg presents these relationships as proof of a culture of civility and collaboration rather than hypocrisy. She argues that such relationships help political opponents build trust and better cooperate with each other. For instance, the author details the close relationship both she and Ginsburg enjoyed with Justice Antonin Scalia, or “Nino,” as they called him. She explains, “For his part, Scalia joked that their friendship was a ‘mutual improvement society,’ and in many ways, it was […] They were in many ways each other’s best editors” (146). The author suggests that such friendships not only added color and cooperation to Ginsburg’s life, but also helped her in her career. Totenberg argues that one of the reasons why Ginsburg was successfully nominated for the Supreme Court was due to her being “widely respected in the legal world, not just by liberals but by conservatives, like Orrin Hatch, and Antonin Scalia” (126-27).
Similarly, Totenberg struck up a friendship with Ted Olson, who she describes as a “conservative lawyer,” while working for NPR (155). She explains that while they were not an “intuitive pair” of friends, their relationship worked because of their “mutual respect for each other’s work and professionalism, even when our views were different” (155). In hindsight, Totenberg realizes that many of her personal and professional relationships were with people across the political spectrum, something she feels “grateful” for (158).
Moreover, Totenberg laments that, in her view, such cross-party friendships are much rarer today, and suggests that the divisive atmosphere in Washington, DC has consequences for individuals as well as society as a whole. She writes:
One of the saddest parts of Washington today is we all—and I include myself—can be so suspicious of each other’s motives. In our current climate, could a Ruth and a Nino, a Nina and Nino, or a Nina and Ted friendship ever take root and thrive? And what does the answer to that question mean for all of us? (158).
This discussion asks the reader to reflect on the parameters and dynamics of their own friendships and examine how their personal boundaries may reflect and inform their culture at large. Totenberg’s openness to a diversity of thought in her friends highlights a mindset she believes is increasingly unusual. In doing so, she urges the reader to compare the recent past with the political, social, and personal present.
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