Remembering Justice Ruth Bader Ginsburg

Photo by Ruven Afanador

Measuring only five feet and one inch tall, but boasting an unmatched intellect, sly wit and fierce devotion to the law, Supreme Court Justice Ruth Bader Ginsburg has long been an iconic figure, an inspirational leader and a defender of equal rights. Still sitting on the Supreme Court at age 87, Ginsburg passed away last week on Friday, September 18, 2020 due to complications of pancreatic cancer.

Since her 1993 appointment to the Court by President Bill Clinton, Ginsburg has delivered numerous rulings that uphold the constitutional rights of people often disenfranchised in our society. One such group is that of people with disabilities. In 1999, Ginsburg wrote the majority opinion on Olmstead v. L.C., a landmark case concerning individuals with mental disabilities.

The plaintiffs in the case were Lois Curtis and Elaine Wilson, two women with mental disabilities who were treated in a psychiatric unit of a Georgia state hospital. After receiving this treatment, Curtis’ and Wilson’s doctors cleared them to leave the facility and return to mainstream life, as they felt community-based support would benefit them more than institutionalization. However, Georgia said it did not have the resources to provide these services, and both women remained in the hospital for several more years, isolated against their will and the medical advice of experts. 

Elaine WIlson (left) and Lois Curtis (right). Photo credit: samhsa.gov

Lawyers took on Curtis’, and later Wilson’s, case and argued that the women’s experiences were violations of Title II of the 1990 Americans with Disabilities Act (ADA), which states that “A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.” In other words, because the women’s doctors had advised that they receive care within their own communities, the Georgia’s failure to provide this treatment constituted discrimination and was therefore unlawful.

The defendants, including Tommy Olmstead, the commissioner of the Georgia Department of Human Resources, collectively represented the state of Georgia and maintained that they were not discriminating against individuals with disabilities, but rather that they were unable to fund the community-based services. However, lower courts sided in favor of Curtis and Wilson. The case made it all the way to the Supreme Court, where the two women had their final victory in a 6–3 decision.

In the majority opinion, Ginsburg wrote that “unjustified isolation … is properly regarded as discrimination based on disability,” affirming the rights of Curtis, Wilson and others with mental disabilities to protection under the ADA.

Ginsburg continued: “Institutional placement of persons who can handle and benefit from community settings perpetuates unwarranted assumptions that persons so isolated are incapable or unworthy of participating in community life.”

With these strong words, Ginsburg upheld Curtis and Wilson’s civil rights and positioned herself as an ally to people with disabilities. Her fierce efforts to help marginalized communities will be remembered in communities for decades to come, and her passion will be greatly missed.

Rest in power, Justice Ruth Bader Ginsburg.