The XX Factor: What women really think.

Tireless Justice Ginsburg

Justice Ruth Bader Ginsburg was supposed to give the keynote address last week at a conference on women's equality and the law, at Rutgers School of Law-Newark. She couldn't make it, because of her recent cancer-related surgery. But she called, en route from leaving the hospital, to wish the conference goers well and to announce that she was on the mend and feeling good. Justice Ginsburg was clearly sending a message of strength—one that, as Dahlia pointed out, is entirely in line with the forceful approach she took to denouncing the Supreme Court's decision in the Ledbetter pay discrimination case.

The Rutgers conference reminded me of an earlier era of Ginsburg as tireless tigress: In the 1970s, she was an early and forceful litigator for women's rights. It's a story well told by Fred Strebeigh in his new book, Equal: Women Reshape American Law. Fred was my undergraduate writing teacher; this book is an incredibly industrious reporting effort that takes full advantage of his access to Ginsburg's litigation files. A revealing how-far-we've-come moment from 1970: One of Ginsburg's clients, Nora Simon, was a former Army nurse who was barred from further work in the military because she had been pregnant. "Under Army regulations a discharge for pregnancy renders a person ineligible for re-enlistment," Fred reports of the rules then. For Ginsburg, Simon's plight was personal. Five years earlier, as a professor at Rutgers without tenure, Ginsburg herself had gotten pregnant over the winter. Worried about whether her contract would be renewed, she said nothing about her pregnancy all spring, had her baby son in early September, and went right back to work. Tireless, indeed.