On Being American: Picking Up the Mantle from Justice Ruth Bader Ginsburg

“Reality is what humans make of it—there’s no fatalistic tinge to it. If we want justice we have to work for it and believe it’s possible.”

Professor Shannon Gilreath

When Professor Shannon Gilreath and Professor Emerita Suzanne Reynolds were approached by the American Bar Association to work on an anthology book about former Supreme Court Justice Ruth Bader Ginsburg, they had no way of knowing what the political and social landscape of the United States would look like when the book was finally published. How could they know that some of the fundamental rights of the American people would be under attack?

On Being American: The Jurisprudence of Ruth Bader Ginsburg, written and edited by Professor Gilreath and former dean of Wake Forest Law, Suzanne Reynolds, was never intended to be a survey of Ginsburg’s jurisprudence, but rather an attempt to answer a key question: what did Justice Ginsburg do as a lawyer, an advocate, and a judge to change and broaden what it means to be an American citizen? A question that is more relevant today than perhaps ever before.

Broken up by chapters, with each chapter written by various legal and feminist scholars, On Being American delves into the anti-stereotyping doctrine, the concept of civic harmony, and Justice Ginsburg’s lifelong commitment to the Equal Rights Amendment. Although her work spans issues and cases, the book is told from the frameworks of gender, race, and reproductive choice—since the rights around these identities and liberties were so foundational to her legacy and to her definition of what it means to be American.

“The book is not meant for an expert audience,” says Professor Gilreath. Written in plain language and coming in at around 200 pages, On Being American is accessible to non-legal experts. This was an intentional choice on the part of Professor Gilreath, Dean Reynolds, and all of the contributors. “The book is meant to look at issues through the lens of Justice Ginsburg’s jurisprudential legacy. The questions around civil liberties were vital to her then, and they remain vital now.”

The collaboration between Professor Gilreath and Dean Reynolds was a natural one. Dean Reynolds had been Professor Gilreath’s teacher at Wake Forest Law before they went on to become colleagues. Both of them knew Justice Ginsburg; Dean Reynolds and her were friends. 

“The extent of what Ruth Bader Ginsburg accomplished has been lost in the public mystique around her,” says Professor Gilreath. “What she accomplished is much greater than just her dissenting opinions. When she started her advocacy, every state had laws with gender-based distinction. By the end of her work, those laws were virtually all gone.”

Justice Ginsburg’s dedication to others extended even beyond the courtroom. “What most people don’t know about Justice Ginsburg is that she personified humbleness,” says Professor Gilreath. “She was generous with her time—in ways that people with far less populated schedules are not! She was more than the pop culture icon she’s become. In reality, she was a mentor and a great friend to many.”

Although in recent years, there has been a great deal of criticism around Justice Ginsburg’s decision to stay on the bench, Professor Gilreath asserts these critiques are not only meritless, but cruel. “She was dedicated to her work, believed passionately in the institution of the court and the individual role of each justice—a role of public service. That’s what kept her in it. For the last argument she heard on the Supreme Court, she dialed in from her hospital bed. She was a true advocate for the law and for justice.”

Both a scholar and a teacher, Professor Gilreath couldn’t help but think of his students while working on the book. “The generation of lawyers yet to come could very easily become demoralized and dispirited in this moment,” he says. “Justice Ginsburg exemplified the idea that however immovable they want you to believe the object is, you can be the force to move it.” 

He continues, “Sometimes the law changes and you can be the one to change it. The law has this uncanny ability to make itself stick in a way that no other discipline does. Change is still possible, even when the odds seem against it. Justice Ginsburg’s work—and her life—exemplified that.”

On Being American is more than just a look back at Justice Ginsburg’s legacy; it provides an opportunity to look forward, to take action. “It’s very easy to lose hope, but we can learn from her example,” says Professor Gilreath. “She began this work when there was no precedent. She had no real reason to believe she could be successful and make change. But with the right amount of determination, ability, and grit, we can leave the world a little more just than we found it. And indeed, we have an obligation to do so.”