Ruth Bader Ginsburg (RBG), the remarkable Justice of the U.S. Supreme Court, passed away on September 18, 2020, which coincided with Rosh Hashanah, the Jewish New Year. For many, this timing felt deeply symbolic. In Jewish tradition, passing away on the eve of a major holiday is often seen as a mark of righteousness, sparking reflections on how Ginsburg’s Jewish heritage influenced both her personal life and her professional legacy as a legal titan.
In the days following her death, journalist Melanie Phillips published an article titled “RBG: An American Jewish Justice Warrior,” exploring the impact of Ginsburg’s Jewish identity on her career. While this aspect of her life was often overlooked in public narratives, Phillips argued that Judaism significantly shaped Ginsburg’s worldview and sense of justice. This was notably absent in initial media coverage of her passing. Phillips pointed out an inaccuracy in The Guardian’s original statement, which downplayed the importance of Ginsburg’s Jewish roots.
“Ruth was brought up in a Conservative Jewish tradition and learned Hebrew as a child, but abandoned her religion because she was not allowed to join a minyan to mourn her mother’s death when she was 17… and in 1993, President Clinton was anxious to make the Supreme Court more diverse, so Ginsburg’s Jewish religion, which she had given up 46 years earlier, may have counted for more than a lifetime of commitment.”
Many readers found this portrayal troubling, as it seemed to dismiss the deeper connection Ginsburg maintained with her Jewish identity. Following feedback, The Guardian updated its statement to reflect a more accurate account of her relationship with Judaism:
“Ginsburg shifted away from strict religious observance after being denied participation in a minyan for mourning her mother’s death at 17. However, fueled by indignation at this exclusion, she harboured a profound commitment to her Jewish identity.”
This revision more accurately captured the complexity of Ginsburg’s Jewish connection. Although she moved away from formal religious observance, her Jewish values were central to her character and career. So, what critical Jewish principle defined her life? For many, it was her relentless pursuit of justice—a value deeply ingrained in Jewish tradition.
Ruth Bader Ginsburg exemplified a core Jewish value that any observant person would recognize: the pursuit of justice. This principle can be traced back to the legacy of Abraham, who famously challenged G-d on matters of fairness. “Shall the G-d of all the world not practice justice!” (Genesis 18:25) captures Abraham’s plea when G-d intended to destroy the city of Sodom. This demand for justice, even in the face of divine authority, has echoed through Jewish history and clearly influenced Ginsburg’s legal philosophy.
Throughout her tenure on the Supreme Court, Ginsburg was known for her commitment to fairness and equality. Even when she dissented, her arguments often laid the groundwork for future legal developments. Her role in the court reflects the Jewish tradition of establishing courts and impartial judges, rooted in the Torah and the Jewish Bible.
The Torah emphasizes the importance of courts and justice in several key passages:
“Moses and the Israelites were commanded by God to establish courts of judges who received full authority over the people of Israel, who were commanded by God through Moses to obey the judgments made by the courts.”
(Exodus 18:21–22; Numbers 11:16–17; Deuteronomy 1:15–18, 17:9–12)
The Talmud, specifically Tractate Sanhedrin, elaborates on this system of courts, including the Great Sanhedrin, which functioned as the supreme judicial body. The Torah’s strict prohibitions against bribery and partiality further underscore the Jewish commitment to justice:
“You must not distort justice; you must not show partiality; and you must not accept bribes, for a bribe blinds the eyes of the wise and subverts the cause of those who are in the right.”
(Deuteronomy 16:19)
These teachings are still relevant today because bias and corruption continue to challenge modern justice systems. Ginsburg’s life exemplified the enduring Jewish principle of standing against such injustices. Her commitment to fairness was evident not only in her legal rulings but also in her personal life. Her dedication to her family, especially caring for her mother and husband, reflected the Jewish values of duty and resilience.
Those who knew Ginsburg, including Jeffrey Rosen and Dahlia Lithwick, often spoke of her compassion, focus, and deep respect for others. They suggested that her Jewish upbringing and her experience as a child of immigrants shaped her unique perspective on justice, equality, and fairness. Despite facing personal and professional challenges, she never let anger or bitterness cloud her work or relationships.
Ginsburg’s passing on the eve of Rosh Hashanah added another layer of significance to her legacy. In Jewish tradition, Rosh Hashanah marks the beginning of the High Holy Days, a period of reflection and judgment by the Supreme Divine Judge. To pass away on such a day is seen as a sign of righteousness. For many, this timing reinforced the idea that Ginsburg was a tzadik—a righteous figure whose life was devoted to justice, embodying the values central to her Jewish heritage.
FOOTNOTES:
- United Nations Development Programme, “Issue Brief: Rule of Law and Development” (New York: United Nations, 2013).
- Bribery and Corruption, Bible Commentary on Deuteronomy 16:18-20, Produced by TOW Project.
- Jeffrey Rosen, “Conversations with RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law,” a recent publication offering a unique glimpse into Justice Ruth Bader Ginsburg’s life and career.
- Dahlia Lithwick is a writer covering the courts and law for Slate and the host of the podcast Amicus.