Religion & Law

Religion, Law and Justice Ruth Bader Ginsburg-- A Tribute

By Howard M. Friedman

Justice Ruth Bader Ginsburg's body will lie in repose at the Supreme Court on Wednesday and Thursday of this week (Supreme Court press release), and then will lie in state on Friday at the U.S. Capitol. (NBC News). The Supreme Court courtroom has been draped in black in accordance with Supreme Court custom. According to the Supreme Court's press release announcing her death, a private burial service will take place at Arlington National Cemetery. Here are the statements of other Supreme Court justices on Justice Ginsburg's death.  Justice Breyer began his statement: "I heard of Ruth?s death while I was reciting the Mourner?s Kaddish at the Rosh Hashanah service." Interesting insights into Justice Ginsburg's life are found in an RNS article titled Ruth Bader Ginsburg Was Shaped by Her Minority Faith.

During her 27 years on the Court, Justice Ginsburg authored a number of opinions on church-state and religious liberty issues, including:

• Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, 591 U.S. ___ (2020)- (dissenting opinion).
• Espinoza v. Montana Department of Revenue, 591 U.S. ___ (2020)- (dissenting opinion).
• American Legion v. American Humanist Association, 588 U.S. ___ (2019)- (dissenting opinion).
• Fort Bend County v. Davis, 587 U.S. ___ (2019)- (opinion of the Court).
• Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 584 U.S. __ (2018)- (dissenting opinion).
• Holt v. Hobbs, 574 U.S. 352 (2015)- (concurring opinion).
• Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682 (2014)- (dissenting opinion).
• Christian Legal Soc. Chapter of Univ. of Cal., Hastings College of Law v. Martinez, 561 U.S. 661 (2010)- (opinion of the Court).
• Cutter v. Wilkinson, 544 U.S. 709 (2005)- (opinion of the Court).
• Agostini v. Felton, 521 U.S. 203 (1997)- (dissenting opinion).
• Capitol Square Review and Advisory Bd. v. Pinette, 515 U.S. 753 (1995)- (dissenting opinion).

Full post as published by Religion Clause on September 21, 2020 (boomark / email).