My day started with a warning from a friend. “Twitter is an absolute dumpster fire this morning.”
He’s not wrong. Doubtless, by now, you’ve heard the news about the passing of Justice Ruth Bader Ginsburg. And regardless of one’s politics, we should pause to celebrate a titan of the legal profession, and someone who willfully put public service above self for decades.
RBG was a force to be reckoned with. As a lawyer, she argued six gender equality cases before a Supreme Court that, at the time, was entirely male. SHE WON 5. I’m a Browns fan. If the Browns win 5 SUPERBOWLS in my lifetime it will be tough for those wins to compare to RBG’s accomplishment.
But aside from her professional accomplishments, her tenure on the court has also become famous for her deep, lasting friendship with Justice Antonin Scalia who preceded her in death in 2016. The Ginsburg-Scalia relationship represented the very best of our country. These two were diametrically opposed philosophically yet became renowned for their mutual respect and camaraderie.
The one saving grace of the social media dumpster fire last night were the countless posts I saw celebrating these two great Americans. But it was almost impossible to find those posts this morning. Already the battle lines are being drawn, and they are being reinforced by the media machine that loves the drama of partisan trench warfare. It’s sickening.
Here we have the passing of an icon, and we can’t make it 72 hours before folks start speculating on the ramifications for the 2020 election? But then I have to remind myself, it’s always been this way. Even in the benign age of the Supreme Court before Chief Justice Marshall solidified the concept of judicial review and the jurisdiction of the federal court system, these appointments were political dogfights. Marshall himself was appointed in the waning days of the Adams administration and was a strategic move to solidify Federalist influence in the midst of rising Democratic-Republican Party (Thomas Jefferson & James Madison).*
This move by Adams reined in the Jefferson administration and the next three presidents after him. It also created the early collegial practices of the Court. Marshall, a veteran of the Continental Army, understood the value of living and dining together. The early members of the court, when in session, would dwell together, often fostering unanimity in their decisions through socialization. In the modern court, the most similar social relationship we’ve seen amongst justices was that of Scalia and Ginsburg.
Now though, how are we honoring these two pillars of the modern court? Well, we’re at each other’s throats over who gets to appoint Ginsburg’s successor. But should that be our discussion today? I don’t think so.
Yes, I’m absolutely interested in the future of the Supreme Court. But that court is much less consequential than you realize. And if we’re going to honor the sacrifice of those who’ve dedicated themselves to this type of service, I think we need to recommit ourselves to learning what really matters in our federal judiciary.
How many of you know the name of the federal judges in your regional federal court district? Do you know the name, or accomplishments, of ANY appellate court judge? If you’re not in the legal field, I wouldn’t expect you to. We’ve turned SCOTUS into a type of celebrity that outshines the work of hundreds of federal court judges who conduct 97% of the federal judiciary workload. Annually, SCOTUS receives 9,000-10,000 applications for appellate review. How many cases do they deal with? Maybe 160. Most of the standing case law is developed by those judges in the federal system beneath SCOTUS.
And the court isn’t the only blank spot in our national political consciousness. I would argue the most important political office in your personal life is your local township trustee or county commissioner. These are the folks most directly involved in funding roads and providing emergency services – arguably the most consistent government touchpoint in your life. Yet less than 10% of us engage in local elections, and I’d argue hardly any of us can name our neighbors holding those roles.
So, I’m going to propose a small way we can, individually, bring a little civility back to the dumpster fire today. Try to refrain from posting your dismay or joy at the prospect of an open court seat in 2020. Honor Ginsburg’s contributions to our national discourse by participating in that discourse. Take time today, or the next 45 days until the election, to learn about your local races. Get educated so you can fill out the ENTIRE ballot. Contribute to local candidates. Participate in the process. I think RBG, and her dear friend Antonin, would like that.
*(Interested in learning more about the early Court? Check out John Marshall: Definer of a Nation by Jean Edward Smith)
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