More on this book
Community
Kindle Notes & Highlights
recognize adequately the business expense entailed in arranging for the care of dependents of working people, and elimination of vestiges of an inferior status still reflected in discriminatory practices in places of public accommodation and housing and in criminal, property, and family law.
Her reply, delivered with a smile, paraphrased the A. A. Milne children’s poem about “James James Morrison Morrison Weatherby George Dupree,” who “took great care of his mother, though he was only three.” “All I know for sure,” she said, “is that he took great care of his mother, even when she was ninety-three.”
women and the Supreme Court’s position, unwavering until 1971: legal distinction by sex (what Ginsburg often called “sex-role pigeonholing”) was rational and therefore constitutional. She characterized this as “the anything goes” standard of review; it authorized legislators to draw, as the Supreme Court summed up in 1948, a “sharp line between the sexes.”
legislative line-drawing based on sex should, like race classifications, be labeled “suspect,”
Worse than being “discrete and insular,”13 which for other minority groups at least has the advantage of fostering political organizing, women are separated from each other and therefore remain far distant from the political potential appellees ascribe to them.
Legislation that includes women but exempts men . . . limits the woman worker’s scope of activity . . . by barring her from economic opportunity.
harmful assumption that labor for pay is primarily the prerogative of the male.
a person who works at home should do so because she, or he, wants to, not because of an unarticulated belief that there is no choice.
The reason for higher standards for women was given by an Air Force colonel in a deposition taken in December 1972.29 He explained: “We have had and we continue to have roughly twice as many women apply[ing] as we are able to . . . take. . . . We don’t have an excess of men over what we can take.”
looks toward a legal system in which each person will be judged on the basis of individual merit and not on the basis of an unalterable trait of birth that bears no necessary relationship to need or ability.
in the years since women have been admitted, VMI and its cadets seem to be doing fine, just as she expected they would.
state actors may not close entrance gates based on “fixed notions concerning the roles and abilities of males and females.”
A remedial decree must cure the constitutional violation—in this case, the categorical exclusion of women from an extraordinary educational/leadership-development opportunity afforded men.
Most of the world’s nations have rather new constitutions, written since 1970. Newer fundamental instruments of government generally contain a broad equality clause specifically proscribing discrimination on the basis of race, sex, ethnic origin, sexual orientation, religion, and other group characteristics.
no equality prescription at all until after the Civil War.
governing authorities shall not deny to any person “the equal protection of the laws.”
(Women without husbands earning a good income, of course, never had that choice.)
what was there for them to complain about?
‘romantic paternalism’ which, in practical effect [often] put women, not on a pedestal, but in a cage.”
But they knew they had been shortchanged, they had the courage to complain, and they had faith in the capacity of the judicial system to vindicate their complaints.
Judges do read the newspapers and are affected, not by the weather of the day, as distinguished constitutional law professor Paul Freund once said, but by the climate of the era.
generalizations about the way women and men are may have unhappy consequences for children as well.
Today, it would be hopeless, I believe, to endeavor to reserve flight training exclusively for men. That is one measure of what the 1970s litigation/legislation/public education efforts in the United States helped to achieve.
Marty had everything, I mean everything, like, ‘Oh, would you like to see Ruth’s tax returns back to the year 1946?

