‘Struck’ by Stereotype: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination
sex discrimination, equal protection, pregnant women, abortion, Justice Ginsburg, Struck v. Secretary of Defense
Civil Rights and Discrimination | Constitutional Law | Law | Women
This is an attempt at recovery. This Essay hopes to call attention to then-Professor Ruth Bader Ginsburg's merits brief in Struck v. Secretary of Defense. The brief has been under appreciated in part because the Supreme Court declined to decide the case. But anyone seeking to understand the origins and nature of Justice Ginsburg's views on sex discrimination would be well advised to read this brief. So would anyone interested in reimagining the bounds of constitutional possibility in the realm of gender equality.
Neil S. Siegel and Reva B. Siegel, ‘Struck’ by Stereotype: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination, 59 Duke Law Journal 771-798 (2010).