Short but sweet

Created
Mon, 21/08/2023 - 05:00
Updated
Mon, 21/08/2023 - 05:00
And so right on Rosalie Silberman Abella is the Samuel and Judith Pisar visiting professor of law at Harvard Law School and is a former justice of the Supreme Court of Canada. This op-ed is adapted from her speech upon receiving the 2023 Ruth Bader Ginsburg Medal of Honor from the World Jurist Association. The incandescent Ruth Bader Ginsburg was a jurist, a woman and a Jew. It was a defining combination that shaped her vision and her passions, transforming her from distinguished U.S. Supreme Court justice to iconic global metaphor. When she pursued justice on the Supreme Court, she was a judicial juggernaut who was catapulted into international orbit by two forces: enthusiastic gratitude for her ever-bolder judgments, but also, as time went on, by the vituperative reaction of an increasingly regressive climate in which those progressive judgments were anathema. Regrettably, that regressive climate is where we find ourselves today, especially about the judiciary. Critics call the good news of an independent judiciary the bad news of judicial autocracy. They call women and minorities seeking the right to be free from discrimination special interest groups seeking to jump the queue. They call efforts to reverse discrimination “reverse discrimination.” They say courts should only interpret, not make, law, thereby ignoring the entire history of common law. They call the advocates for diversity “biased” and defenders of social stagnation “impartial.” They prefer ideology to ideas, replacing the exquisite democratic choreography of checks and balances with the myopic march of majoritarianism. All this has…