Sisters in Law (book)
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''Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World'' is a 2015 non-fiction book by Linda Hirshman. The book examines the legal careers and judicial records of Sandra Day O'Connor and
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by Presiden ...
, the first and second women appointed to the Supreme Court of the United States.


Synopsis

The book follows the careers and backgrounds of the first two women to serve on the Supreme Court of the United StatesSandra Day O'Connor and
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by Presiden ...
— and attempts to situate their respective biographies, ascent to the court, and judicial records within the broader context of the women's rights movement. Both women met with sexist challenges to their continued careers upon graduating from law school in the 1950s, but O'Connor acceded to the conservative values of putting her family first, and rose to power within Arizona's Republican Party mostly as a volunteer and socialite, until taking the reins as appointed
majority leader In U.S. politics (as well as in some other countries utilizing the presidential system), the majority floor leader is a partisan position in a legislative body.
in the
Arizona State Senate The Arizona State Senate is part of the Arizona Legislature, the state legislature of the US state of Arizona. The Senate consists of 30 members each representing an average of 219,859 constituents (2009 figures). Members serve two-year terms wi ...
. Ginsburg, with the support of her successful tax-attorney husband, chose the parallel routes of academia and activism, founding and heading the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
's Women's Rights Project. In this project, she sought to promote cases that would eradicate any formal inequalities between men and women, focusing to a great degree on challenging laws providing benefits to women, which she saw as promoting stereotypes of women as weak and incapable of independent action. According to Hirshman's analysis, the two women used both their judicial skills and court politics to promote women's rights, though in different ways, as O'Connor remained a staunch
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
and Ginsburg was a classic
liberal Liberal or liberalism may refer to: Politics * a supporter of liberalism ** Liberalism by country * an adherent of a Liberal Party * Liberalism (international relations) * Sexually liberal feminism * Social liberalism Arts, entertainment and m ...
. Hirshman surveys major cases to prove her thesis that both women justices contributed to massive changes in women's rights, especially lauding Ginsburg, whom she compares with
Wolfgang Amadeus Mozart Wolfgang Amadeus Mozart (27 January 17565 December 1791), baptised as Joannes Chrysostomus Wolfgangus Theophilus Mozart, was a prolific and influential composer of the Classical period. Despite his short life, his rapid pace of composition r ...
and Jane Austen: “Mozart had, by many accounts, five operatic masterpieces. Jane Austen’s reputation rests on five novels. . . . In five landmark cases over less than a decade, insburglargely transformed the constitutional status of women in America.” Hirshman also focuses on the relationship between the two justices, using as an example the
Virginia Military Institute la, Consilio et Animis (on seal) , mottoeng = "In peace a glorious asset, In war a tower of strength""By courage and wisdom" (on seal) , established = , type = Public senior military college , accreditation = SACS , endowment = $696.8 mill ...
case, '' United States v. Virginia'', which struck down the long-standing male-only admission policy of the school, and is widely considered "the jewel in the crown" of Ginsburg's majority opinions. As the senior justice, O'Connor could have written the opinion, but in an act of generosity, demurred, saying, "This should be Ruth's."


Background

Author Linda Hirshman is a lawyer, philosopher and cultural historian, whose focus is on social movements such as the struggle against sexual and gender violence, gay rights and women's rights. As a lawyer, she focused mostly on
labor law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
, appearing before the Supreme Court in three cases (one win, one loss and one draw), including ''
Garcia v. San Antonio Metropolitan Transit Authority ''Garcia v. San Antonio Metropolitan Transit Authority'', 469 U.S. 528 (1985), is a landmark United States Supreme Court decision in which the Court held that the Congress has the power under the Commerce Clause of the Constitution to extend the F ...
'', a landmark case in which the Court held that the Congress has the power under the Commerce Clause of the Constitution to extend the
Fair Labor Standards Act of 1938 The Fair Labor Standards Act of 1938 (FLSA) is a United States labor law that creates the right to a minimum wage, and " time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "opp ...
, which requires that employers provide minimum wage and overtime pay to their employees, to state and local governments.. Hirshman has also been a professor of philosophy and
women's studies Women's studies is an academic field that draws on feminist and interdisciplinary methods to place women's lives and experiences at the center of study, while examining social and cultural constructs of gender; systems of privilege and oppress ...
at
Brandeis University , mottoeng = "Truth even unto its innermost parts" , established = , type = Private research university , accreditation = NECHE , president = Ronald D. Liebowitz , ...
, professor of law at
Chicago-Kent College of Law Chicago-Kent College of Law is the law school affiliated with the Illinois Institute of Technology. It is the second oldest law school in the state of Illinois. It is ranked 91st among U.S. law schools, and its trial advocacy program is ranked in ...
, and visiting professor at Northwestern Law School. Hirshman received a PhD in Philosophy from
University of Illinois Chicago The University of Illinois Chicago (UIC) is a public research university in Chicago, Illinois. Its campus is in the Near West Side community area, adjacent to the Chicago Loop. The second campus established under the University of Illinois sy ...
, a Juris Doctor from
University of Chicago Law School The University of Chicago Law School is the law school of the University of Chicago, a private research university in Chicago, Illinois. It is consistently ranked among the best and most prestigious law schools in the world, and has many dis ...
and a Bachelor of Arts from
Cornell University Cornell University is a private statutory land-grant research university based in Ithaca, New York. It is a member of the Ivy League. Founded in 1865 by Ezra Cornell and Andrew Dickson White, Cornell was founded with the intention to tea ...
.


Reception

''Sisters in Law'' became a bestseller, appearing on ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'' and ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' bestseller lists.


Critical reception

According to ''The New York Times'' critic Linda Greenhouse, "There is a fascinating book struggling to emerge from the narrative structure Linda Hirshman has imposed on rich material." She notes that Hirshman is an obvious admirer of Ginsburg, but is less sure how to present conservative O'Connor as a champion of women's rights, which is the thesis of the book, ultimately settling for describing her strategy as one of defense, in which "she would not permit the courts to roll the equality ball backward," while Ginsburg, for her part, "played offense," advocating for change. '' Kirkus Reviews'' called ''Sisters in Law'' " intelligent, evenhanded look at a changing society and its legal foundations." ''
Publishers Weekly ''Publishers Weekly'' (''PW'') is an American weekly trade news magazine targeted at publishers, librarians, booksellers, and literary agents. Published continuously since 1872, it has carried the tagline, "The International News Magazine of ...
'' gave the book a positive review, citing in particular "the unusual step of addressing the influence that Supreme Court law clerks can have on the Court’s decision-making," and the "quality time" Hirshman spends "discussing the evolution of the constitutional theories that the justices apply when analyzing such flash-point issues as
reproductive rights Reproductive rights are legal rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights as follows: Reproductive rights rest o ...
and
workplace sexual harassment Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment includes a range of actions fro ...
." The review also lauds "Hirshman’s conversational style and deep analysis of several precedent-setting constitutional cases
hat A hat is a head covering which is worn for various reasons, including protection against weather conditions, ceremonial reasons such as university graduation, religious reasons, safety, or as a fashion accessory. Hats which incorporate mecha ...
should appeal to both casual and professional readers.


In popular culture

In 2019 a play premiered based on the book, also called ''Sisters in Law''. The book was adapted for the stage by playwright Jonathan Shapiro, and Patricia McGregor directed.
Tovah Feldshuh Terri Sue "Tovah" Feldshuh (born December 27, 1948) is an American actress, singer, and playwright. She has been a Broadway star for more than four decades, earning four Tony Award nominations. She has also received two Emmy Award nominations f ...
portrayed Ginsburg, and
Stephanie Faracy Stephanie Faracy (born January 1, 1952) is an American actress. She is known for playing supporting roles in films include '' Heaven Can Wait'' (1978), ''Scavenger Hunt'' (1979), ''Blind Date'' (1987), '' The Great Outdoors'' (1988), '' Hocus Pocu ...
portrayed O'Connor. ''
The Hollywood Reporter ''The Hollywood Reporter'' (''THR'') is an American digital and print magazine which focuses on the Hollywood film, television, and entertainment industries. It was founded in 1930 as a daily trade paper, and in 2010 switched to a weekly larg ...
'' deemed that the timing of the production was perfect, given that "the conundrum of the #MeToo era is that even while women are being empowered with agency, they're still making only 79 cents on the dollar compared to men,
reproductive rights Reproductive rights are legal rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights as follows: Reproductive rights rest o ...
are being quietly scaled back and a Supreme Court justice with sexual assault charges leveled against him was seated without a thorough investigation." The review found the production to be visually strong, and intelligently rendered, as the two characters relitigate major cases that marked their respective careers. However, the review also found that "Sisters in Law's greatest deficiency is that it's all head and no heart." According to the ''
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the U ...
'', the dialog of the play is engaging, marked by "beautifully paced and illuminating banter", and positively noted the performances, costume design and set design. Notwithstanding the general praise of the review, reviewer Margaret Gray nevertheless finds that the play oversimplifies two complex characters, and disapproves of some of the techniques used to make the spectator expect that what occurs on stage is close to what happened in reality, an expectation not delivered in the production.


Publication history

United States: * Hardcover edition: Harper, September 1, 2015; 416 pp; * Paperback edition: Harper, September 6, 2016; 432 pp; * Audiobook: Harper, September 1, 2015; Narrator: Andrea Gallo; 13:28; * eBook - Kindle: Harper, September 1, 2015;


References


External links

*
''Sisters in Law'' on Harper Collins website
{{Authority control American non-fiction books Books about feminism 2015 non-fiction books HarperCollins books Feminist books Discrimination in the United States Women's rights in the United States Ruth Bader Ginsburg Biographical books History of the Supreme Court of the United States Books about United States legal history Sandra Day O'Connor