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美国最高法院当地时间18日发表声明称,联邦最高法院大法官露丝·巴德·金斯伯格去世。最高法院表示,金斯伯格死于转移性胰腺癌并发症,她在她位于华盛顿的家中去世,家人陪伴在她身边。就在去世前几天,金斯伯格还向孙女克拉拉·斯佩拉说了这样一句话:“我最热切的愿望是,在新总统就任前,我不会被人取代。”然而,这位曾四次击败癌症、87岁仍不愿离开工作岗位的大法官,还是没能完成这一心愿。金斯伯格的去世,将对最高法院和美国产生深远影响。
就在今年5月初,金斯伯格曾因良性胆囊疾病被送入治疗马里兰州巴尔的摩市的约翰斯·霍普金斯医院治疗,引发舆论关注;但第二天,就传来她已经出院的消息。出院前,她甚至还在医院里参加了一场电话口头辩论,主题涉及美国平价医疗法案中的一项规定。
“她恢复得很好,很高兴回家。”美国最高法院在声明中写道,“她未来会回到约翰斯·霍普金斯医院,在接下来的几周门诊随访,最终以非手术的方式移除她体内的结石。”
对金斯伯格来说,生病住院不算什么“新”闻。这位老人迄今已经历过多次住院治疗——1999年,她患上结肠癌,经历了切除手术和放化疗,但在治疗过程中,她没有缺席过任何一次需要履行大法官义务的工作。
在她1米5的身体里可蕴藏着大大的能量:她是美国最高法院第二位女性大法官,也是现任最资深的女大法官;她与希拉里、中国前副总理吴怡一起跻身“福布斯最有影响力女性榜”;她的生平被好莱坞拍成电影《性之基础》,由娜塔莉·波特曼这样的美女兼才女来出演;她还是个“网红”,敢大骂特朗普是个“骗子”,拥有无数脑残粉,“声名狼藉”是粉丝对她的爱称。她就是鲁斯·巴德·金斯伯格,一位天生的“异见者”。
Remembering Ruth Bader Ginsburg
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“I surely would not be in this room today without the determined efforts of men and women who kept dreams alive, dreams of equal citizenship.” Ruth Bader Ginsburg was the Supreme Court’s feminist icon. Small, soft-spoken, yet fiercely determined, she was an unstoppable force who transformed the law and defied social conventions. 
“To her fans she’s known as Notorious R.B.G.” Singing: “Supreme Court’s a boys club. She holds it down, no cares given. Who else got six movies about ’em and still livin’?” Ginsburg was hailed as a crusader for women’s rights. Chanting: “D-I-S-S-E-N-T. We’re Notorious R.B.G.!” 
But her legal legacy was even more sweeping. “The projects she brought to the Supreme Court first as the leading women’s rights lawyer of her day, and then as a justice for all those years, I actually think has been kind of misunderstood. She had a really radical project to erase the functional difference between men and women in society. 
She wanted to make it clear that there should be no such thing as women’s work and men’s work.” “Mr. Chief Justice, and may it please the court.” In fact, in many of the landmark cases Ginsburg argued before the Supreme Court as a young lawyer for the A.C.L.U., her clients were often men. 
One key case involved a man from New Jersey, whose wife died during childbirth. “Stephen Wiesenfeld’s case concerns the entitlement —” He wanted to work less and stay home with his son, but found out only widows, not widowers, were eligible for Social Security payments. “
Ruth Ginsburg went to court on his behalf and said that law, that distinction between mothers and fathers incorporates a stereotyped assumption of what women do and what men do in the family, and is unconstitutional.” “Laws of this quality help to keep women not on a pedestal, but in a cage.” “She won. And that was the kind of case that she brought. And it was really very significant in the march toward the court establishing a jurisprudence of sex equality.” 
What inspired Ginsburg to take on such a bold project, and there was little sign of anything radical in the beginning. “Ruth Bader Ginsburg grew up in Brooklyn in a lower, middle-class family. When she was in high school, she was a twirler. You know, a cheerleader with a baton. She was known as Kiki Bader. 
And she played a very traditional female role in her high school.” Ginsburg’s mother, who’d been a star student until she was forced to drop out of school to put her brother through college, had big ambitions for her daughter. But the day before Ruth’s high school graduation, her mother died of cancer. 
It was that shattering loss, Ginsburg said many years later, that instilled in her the determination to live a life her mother could have only dreamed about. “I pray that I may be all that she would have been had she lived in an age when women could aspire and achieve, and daughters are cherished as much as sons.” 
The other pivotal turn in Ginsburg’s path came during college. She earned a scholarship to Cornell, where she met a jovial sophomore who became the love of her life. “He was the first boy I ever knew who cared that I had a brain.” Theirs was not a typical 1950s marriage, but an equal partnership. “
Her husband, Marty, was a fabulous cook, and she was a terrible cook. And Marty did all the cooking.” “In the historic Harvard Yard, you will see your classmates, men from every section of the country.” A year after Marty enrolled at Harvard Law School, Ruth followed, one of only nine women in a class of more than 550, with a new baby girl in tow. “
During their time in law school, Marty became very sick. He had cancer. And she basically took all the notes for him and made it possible for him to graduate on time, while in fact, raising their baby and being a law student herself. Marty recovered and their relationship was very  central to her work and her understanding of how it was possible to organize society.”
This understanding turned into a mission after law school, when Ginsburg took on a legal study in Sweden where feminism was on the rise. “Sweden, where everything and everyone works.” Swedish women weren’t choosing between careers and family, and they inspired the young lawyer. 
When Ginsburg returned to the U.S., she launched what would become her radical project. As a law professor and leader of the A.C.L.U. Women’s Rights Project, she took on groundbreaking cases to build constitutional protections against gender discrimination. There was a lot of speculation about why a lawyer hailed as a Thurgood Marshall of women’s rights was representing so many men. “
People looking back on that had thought, well, she was kind of trying to sweet talk the court. She was trying to give the court cases and plaintiffs that wouldn’t get those nine old guys very upset and kind of, you know, sneak in a doctrine of sex discrimination. And actually, that’s not accurate. 
She happened to have male clients because they were making claims that were traditionally, were women’s claims. And she wanted to just shake up the preconceived notions when it came to raising families and providing for them and working in the economy. Everybody should be on equal footing.” 
The legal crusade quickly unleashed profound changes in the law and daily life, but Ginsburg’s own rise to the federal bench took decades, and a lot of lobbying by her husband, a prominent tax attorney, with key old boys club connections. 
After getting passed over three times, President Carter nominated Ginsburg to be a federal judge in 1980. “The framers had in mind as the way to protect individual rights and liberty.” People were surprised that the A.C.L.U. activist turned out to be a very moderate judge, a centrist who often sided with conservatives, praised judicial restraint, and slammed Roe v. Wade for going too far, too fast. “I am proud to nominate for associate justice of the Supreme Court, Judge Ruth Bader Ginsburg.” 
Some feminist leaders were concerned when President Clinton tapped Ginsburg for the High Court. “She will be able to be a force for consensus building on the Supreme Court.” But Justice Ginsburg quickly pleased supporters and skeptics alike with her opinions in landmark cases, like the Virginia Military Academy. “May it please the court. V.M.I., the Virginia Military Institute, was established by the Commonwealth of Virginia in 1839.” “V.M.I. was age-old military academy run by the state of Virginia, was men only.” “Stand! Attention!” “
It emphasizes competition. It emphasizes standing up to stress. It emphasizes the development of strong character in the face of adversity.” "The question was, did it violate the Constitution to bar women from this school that was entre into the political establishment of the state of Virginia.” Justice Ginsburg believed that omitting women was a constitutional violation. 
And she ultimately convinced all but one justice, Scalia, to take her position. “The opinion of the court in two cases, the United States against Virginia, will be announced by Justice Ginsburg.” “State actors may not close entrance gates based on fixed notions concerning the roles and abilities of males and females.” 
“Women will now be walking on the campus of the Virginia Military Institute.” “I think she would say it was the case she was happiest about in her tenure on the court.” “V.M.I. superintendent promises that female cadets will be treated the same as male cadets.” “She used an analysis that increased the level of scrutiny that courts in the future have to give to claims of sex discrimination. I think she found that an extremely satisfying outcome.” 
Ginsburg’s opinions helped solidify the constitutional protections she’d fought so hard to establish decades earlier. And her grit helped keep her on the bench through colon cancer, pancreatic cancer and the death of her beloved partner. “Justice Ginsburg, even though her husband died yesterday after a battle with cancer, was on the bench.” 
Ginsburg battled on through it all, unrelentingly tough, but still a consensus builder. She famously forged friendships with right-leaning justices, including Justice Scalia. “You know, what’s not to like? Except her views of the law, of course.” 
Their shared love for opera actually inspired a composer to write a new one, about them. Singing: “We are different, we are one.” “Do you like how you were portrayed in the opera?” “Oh, yes. Especially in the scene where I rescue Justice Scalia, who is locked in a dark room for excessive dissenting.” [laughter] But in her later years, as the court moved to the right, Ginsburg grew bolder in her dissents. “She was not in a position to control the outcome of events. 
But she was in a position to stake her claim for what the outcome should have been. And she was very strategic and very powerful in using that opportunity.” The opportunity that made her into a rock star came in 2013, when the court struck down a key part of the Voting Rights Act. 
“Ginsburg wrote a lengthy, scathing dissent.” “She was pretty candid in her displeasure with the court’s decision.” “Hubris, pride, is a fit word for today’s demolition of the Voting Rights Act.” Ginsburg’s fiery dissent inspired law students to lay her words to a beat and turn the 80-year-old justice into the Notorious R.B.G. Singing: “
Now I’m in the limelight, because I decide right, court has moved right, but my dissents get cites.” Suddenly, Ginsburg went viral. Children’s books to bumper stickers. Halloween costumes to a Hollywood biopic. “What did you say your name was?” “Ruth Bader Ginsburg.” Even her fitness trainer was a sensation. “Justice is blind, but you know man meat when you see it.” 
When asked about retirement plans, Ginsburg balked. “There was a senator who announced with great glee that I was going to be dead within six months. That senator, whose name I’ve forgotten, is now himself dead.” [laughter] Ginsburg’s stardom only grew after she criticized then-candidate Donald Trump during the 2016 presidential race. “Ginsburg said, ‘I can’t imagine what the country would be with Donald Trump as our president.’” Ginsburg apologized for her remarks, but instead of retreating, she was emboldened. “As a great man once said, that the true symbol of the United States is not the bald eagle, it is the pendulum. 
And when the pendulum swings too far in one direction, it will go back.” Notorious R.G.B. became a badge of the Trump resistance, and keeping her on the bench became part of the cause. “Health scare for Supreme Court Justice Ruth Bader Ginsburg.” “News tonight about the health scare for Supreme Court Justice —” “Ruth Bader Ginsburg, she was hospitalized.” “And those ribs you busted?” “Almost repaired.” 
After all the spills, surgeries and bouts with cancer, what was it that kept her going? Ginsburg said it was her job on the bench, which she still found exhilarating. But perhaps most of all, it was her radical project, which Ginsburg said was still far from complete. “People ask me, ‘When will you be satisfied with the number of women on the court?’ When they are nine.”
提起这位大法官,很多人都觉得她是工作狂,即便摔断了3根肋骨,可是她硬撑到第二天早上才去医院,只住了一晚上院,又任性地跑回家开始办公了,里夫利称她为“邪恶的化身”。
怀尔斯称她为“最卑鄙无耻的人类”,特朗普是她头号反对者:“她是脑子被枪打了吗?简直是最高法院的耻辱!”
萨维奇总结得最全面:“女巫!恶棍!女魔头!反美主义者!”
民众口中却是另一番评价:“如果世上真有超级英雄,必然是金斯伯格的样子!“我们不顾一切保护金斯伯格!”
连8岁女孩都以她为榜样:“我爱她,因为她与偏见、不平等做斗争。”
无论毁誉,这位福布斯最具影响力女性,TIME最具影响力人物,普林斯顿、哈佛荣誉博士,此生注定不平凡。
1933年3月15日,在一个贫穷的犹太家庭,母亲Celia生下第二个女儿,爱惜地取名为Ruth。 
Celia格外注重女儿的教育,总是带着Ruth泡图书馆。言传身教的优秀影响了女儿的一生。但是Ruth拿到康奈尔大学录取书那一刻,母亲患癌病逝的消息也一同传来。
母亲终究走得太早,来不及看看,女儿亲手开创的新时代。
命运还算公平,尽管过早地失去了亲情,Ruth却收获了一份一牵手就是一辈子的美好爱情。在康奈尔大学遇到Martin David Ginsburg那一年,她17岁,他18岁。
1954年,他们毕业、结婚、生下大女儿Jane。21岁,陡然完成了各项人生大事。生活的考验却才刚刚开始。
Ruth在怀孕期间,和丈夫一起考入哈佛法学院。当年全院录了500个学生,只有9个女生。
Ruth一边修学,一边照顾刚出生的女儿,本已憔悴不堪。丈夫的一纸癌症通知书,更是让她肩头一沉。在哈佛的那两年,照顾病夫和幼女,占去她大量的精力。
直到深夜她才有空钻研学术,因此整整一年,每天只能睡2个小时。
非人的磨难,就用非人的意志来拼!旁人都等着看她的笑话,嘲笑她“女人果然不行”。她反倒拼成了《哈佛法律评论》的编辑。要知道,这家期刊有个硬性标准:
在世界顶级学霸云集的哈佛,年度绩点排名前25。
优秀、独立,但Ruth从未忘记自己是一个妻子、一个母亲。为了照顾病弱的Martin,Ruth放弃了哈佛的学位证书。
毅然决然跟着丈夫前往纽约,转入哥伦比亚大学法学院深造。在Ruth的照料下,Martin的睾丸癌奇迹般地痊愈了。他最终成为了当时全美最优秀的税务律师。
五、六十年代的美国社会,女性似乎只配当“贤妻良母”。Ruth想改变这一点,她不仅想当一个优秀的女人,更想当一个优秀的人。
但是她一毕业就碰了壁。尽管以第一名的成绩毕业,举着含金量极高的哈佛大学法学院院长的推荐信,全纽约依然没有一家律所敢录用她。没有其他理由,只因“她是女性”。哥大法学院教授Gerald Gunther,气愤地站出来为她说话:“如果你不录取她,我将不再给你推荐任何哥大的学生!”
在职场受尽不公正待遇,Ruth依然坚持用知识和优雅,为女性争取应有的权利。
她经手的300多个案件,足以改变整个社会对女性的看法。
为什么女孩不能上学?为什么女孩不能做某种工作?为什么女孩拿不到选票?许多法案在以性别为前提时,就已经失去了公正。如果没有这样的平权先驱,我们将身处黑暗而不自知。
1993年,克林顿亲自任命,Ruth Bader Ginsburg成为美国最高法院的第二位女法官。
这个职位是终生制的,只有死亡能带走这份极高的权力。(还有自愿退休和有罪弹劾)丈夫Martin恭喜着Ruth:你终于,走到了美国法律界的巅峰。
Ruth却不知道,Martin为了她在背后如何奔走。她在提名名单上,一度只排到六十多位。
2010年6月27日,Martin因癌症并发症逝世。而4天前,这对老夫妻才携手起舞,一起庆祝了结婚56周年。Martin不久前还嘻嘻哈哈地说笑:Ruth一直以为,17岁那年我们是偶遇。 她不知,那是我爱上她后四处打探、蓄谋已久。
失去Martin那一年,Ruth已经77岁了。人们都以为她会选择退休疗伤,她却“赖着不走”:只要精神上足以履行职责,我就要继续保持正义!这位铁娘子就是不服老、不服输,非要为热爱的事业,奋斗到倒下为止。
也许倒下了,她还要坚强地爬起来。Ruth曾经两度患癌。1999年是结肠癌,2009年是胰腺癌。谁都想不到,身患癌症的Ruth,居然没有一天停下工作。伟大者并不是感受不到疲惫、疼痛,而是用强大的意志压制了苦难。
她甚至在患癌期间,请来陆军预备役员Bryant Johnson给自己当私人教练。在繁忙的庭审工作之余,雷打不动地每周训练两次。她明白身体是工作的本钱,更是掌控生活的基础。
我们无法想象,怎样钢铁般的意志,才能两度把癌症击退?身体康复后,她再也没有停下健身,甚至把频率从每周两次,提高到了每天一次。吃不起坚持的苦,又怎能吃得起成功的苦。
85岁那年,这位154cm的老太太,依然能一口气做20个俯卧撑。没错,是标准动作。
她瘦小的身躯只有154cm高,却从不说自己先天力量不足;她81岁时心脏被植入支架,却从不说自己年事已高、身体脆弱;她总是日以继夜、工作到凌晨,却从不说自己太忙、太累。健身,只是一种积极的生活态度,让自律者更自由。
然而这个敢怒敢言的老太太,着实得罪了不少人。甚至在特朗普竞选时直言:如果这个骗子当政,我宁愿移民新西兰。
她的“真性情”,更像是一种女性独有的“任性”。众所周知她会在不同的场合,佩戴不同的假领。
在此之前法袍设计成只露出男性领带的样式,Ruth亲自改革
戴黄金蕾丝项链,表示她同意多数派意见。
戴银色蕾丝表示持异见。(特朗普当选时她就带了。
准备发表激进言论时,会戴一个扇形玻璃珠衣领。
这能让观众激动老半天,因为Ruth Bader Ginsburg,早已成了美国的超级网红、文化ICON。
粉丝自发给她建了网站,时尚品牌做了T恤、手袋、手机壳纷纷应援。
还给了她最酷的江湖称号:“声名狼藉的RBG” Notorious R.B.G.
这在严肃的美国司法界,是前所未有、匪夷所思的事,一个法官,居然成了明星。
还有两部关于她的电影,《Ruth Bader Ginsburg》《On theBasis of Sex》(以性别为本)
《异见时刻》《My Own Words》这类图书传记也广为流传。
奥巴马是她的头号金粉,言辞恳切地对她说过:感谢你创造了一个更平等公平的社会。在她摔了一大跤的时候,Bryant Johnson说:你以为三根肋骨就能阻止正义吗?她像钉子一样坚硬。
这位外柔内刚的斗士,追求自我的价值,也从不抗拒性别的天然属性。她是好教授、好律师、好法官,也是好女儿、好妻子、好母亲。
这样的女性,就像人类历史银河中璀璨耀眼的一颗星,照亮了无数人前进的方向。倾其所有守护着认可的价值,一点一点推动了社会的进步。这份优秀、优雅、独立、顽强,永远值得歌颂 R.I.P.
本文中文部分转载自艺非凡。
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