Retired Judge David Tatel of the D.C. Circuit recently shared his reflections on the late Justice Ruth Bader Ginsburg in his new memoir, Vision: A Memoir of Blindness and Justice. Through personal anecdotes and observations, Tatel offers a candid exploration of whether Ginsburg, often affectionately referred to as RBG, may have been inclined to retire from the Supreme Court had she not faced significant public pressure to step down.
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During a dinner conversation, Ginsburg expressed her irritation with commentators advocating for her retirement. She remarked, “The timing of a resignation is up to each justice… John Stevens didn’t step down until he was ninety.” Judge Tatel suggests that public calls for her retirement may have only reinforced her resolve to continue serving. Known for her determination and independence, Ginsburg believed that she could serve through the end of Donald Trump’s presidency, a notion she held even after Trump’s election.
In his memoir, Tatel reflects on the broader implications of Ginsburg’s tenure. He observes that if she had retired during President Obama’s administration, her successor, presumably a like-minded justice, could have altered the trajectory of the Court’s decisions. Specifically, Tatel mentions that the landmark case Dobbs v. Jackson Women’s Health Organization might have had a different outcome if Ginsburg had been succeeded by a similarly progressive justice.
These reflections, detailed in Above the Law, illuminate the nuanced dynamics at play during the latter part of Ginsburg’s tenure on the Supreme Court. They underscore the significant impact that both judicial determinations and the timing of judicial retirements can have on the legal landscape.