Would Ruth Bader Ginsburg Have Stepped Down From SCOTUS If She Hadn’t Been Harassed About Retirement?

Supreme Court Justice Ruth Bader Ginsburg

(Photo by Nikki Kahn/The Washington Post via Getty Images)

Ed. note: Welcome to our daily feature, Quote of the Day.

During one dinner at our house, she took me aside to express her annoyance at commentators who were calling for her retirement. ‘The timing of a resignation is up to each justice,’ she told me. ‘John Stevens didn’t step down until he was ninety.

I sometimes wonder if the public pressure to retire made Ruth even more stubborn. She was never one to succumb to pressure. She also believed in the American people, and that Hillary Clinton, not Donald Trump, would succeed President Obama. … Even when Trump was elected, I know Ruth still believed she could see his term through.

— Retired Judge David Tatel of the D.C. Circuit, speaking of the late Justice Ruth Bader Ginsburg in his new book, Vision: A Memoir of Blindness and Justice (affiliate link). In book excerpts noted by CNN, Tatel seems to believe that had Ginsburg not been pressured to step down from the Supreme Court, then perhaps she would have done so on her own terms. Later on, Tatel added that “it’s clear as day that Dobbs never would have happened if Justice Ginsburg had lived, or if she had retired during Obama’s presidency and been replaced by a like-minded justice.”


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on X/Twitter and Threads or connect with her on LinkedIn.


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