Great to Have Justice Ginsburg Back on the Bench

Posted on February 25th, 2009 by Katherine Franke
 1 comment  

After surgery for pancreatic cancer, Justice barack-n-ruthRuth Bader Ginsburg returned to the Supreme Court to hear oral arguments yesterday, and then attended President Barack Obama’s address to a joint session of Congress last night.

Justice Ginsburg, a graduate of Columbia Law School and a member of our faculty before she was elevated to the Supreme Court, wasted no time once she returned to the Court after a prompt recovery from surgery.  She offered spirited questioning in oral arguments held yesterday, and the Court released an important decision yesterday as well, which she authored, in U.S. v. Hayes – finding that a 1996 amendment to the Federal Gun Control Act prohibits any person who has been convicted of a misdemeanor crime of domestic violence from possessing (not just owning, but possessing) a firearm.  The case involved a rather technical reading of the wording of the statute, but was nevertheless an important victory for those concerned about issues of domestic violence.  (The narrow question was: “Does that term cover a misdemeanor battery whenever the battered victim was in fact the offender’s spouse (or other relation specified in §921(a)(33)(A))?”  An interesting, yet unposed, question in the case is whether the federal Defense of Marriage Act would bar the application of the domestic violence provision in the statute to married or “spouse-like” same-sex couples?)

Does it matter that Justice Ginsburg remains on the Court?  You bet – for reasons too numerous to list, but her opinion in this case stands in pointed contrast to Chief Justice Roberts’ dissent (joined by Justice Scalia) in Hayes in which he insisted on a ludicrous reading of the language of the Gun Control Statute.

– Katherine Franke

One comment

  1. Does it matter that Justice Ginsburg remains on the Court?

Add a comment

Comments are subject to moderation and do not necessarily reflect the opinions of
Columbia Law School or Columbia University.



"Homeland" Security Abortion Rights Activism Adoption adultery Advocacy Affordable Care Act Alien Tort Claims Act Amicus Brief Asylum Bankruptcy BDS Bullying Census Politics Children Citizenship Civil Unions Clinic Columbia Law School Compulsory Marriage Condoms Contraception Contraception Mandate Cordoba House Criminal Law Cures for Homosexuality Defense of Marriage Act Disability Rights Discrimination Divorce Domestic Partnership Domestic Violence Domestic Workers Don't Ask Don't Tell Earth Day Economic Justice Education Egypt Elections Employment Discrimination ENDA Estate Planning Events Family Law Fellowships femininity Feminism Free Speech Gender and Technology Gender Identity Discrimination Gendering the Economy Gender Justice GSL Online Haiti Hate Crimes Health Care Hilary Clinton Hillary Clinton Hiring HIV HIV Discrimination Hobby Lobby Homelessness Homophobia Housing Human Rights Identity Politics Illegitimacy (sic) Immigration Reform In-ing Incest India International Law Intersectional Feminism Islamophobia Israel Jobs Justice Sotomayor King & Spalding Labor Trafficking Land Reform Law School Legal Profession Legal Scholarship Lesbian & Gay Parenting LGBT Parenting Marital Status Discrimination Marriage Marriage Equality Masculinity Medicaid Michelle Obama Migration Military National Security Obama Administration Obama Appointments Obergefell Outing OWS Palestine Parenting Pinkwashing Policing Politics of the Veil Polyamory Popular Culture Pornograpy Pregnancy Presidential Politics Prisons Privacy Products Liability Profanity Prop 8 Prosecutorial Discretion Publications Public Rights/Private Conscience Public Rights/Private Conscience Project Queer Theory Queer vs. Gay Rights Race and Racism Racial Stereotyping Rape Religion Religious Accommodation Religious Exemption Religious Exemptions Religious Freedom Restoration Act Religious Fundamentalism Reproductive Rights Reproductive Technology RFRA Romania Rwanda Sartorial Commentary Schools Sex Discrimination Sex Education Sex Stereotyping Sexting Sex Trafficking Sexual Assault Sexual Duplicity Sexual Harassment Sexual Health Sexuality and Gender Law Clinic Sexual Orientation Discrimination Sex Work Silencing of voices SMUG Sodomy Law Reform Solidarity Sports Supreme Court Surrogacy Technology Title IX Trafficking Transgender Uganda Uncategorized Violence Women and Poverty Women of Color Work Zimbabwe

Academic Calendar  |  Resources for Employers  |  Campus Map & Directory  |  Columbia University  |  Jobs at Columbia  |  Contact Us

© Copyright 2009, Columbia Law School. For questions or comments, please contact the webmaster.