‘Struck’ by Stereotype: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination

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sex discrimination, equal protection, pregnant women, abortion, Justice Ginsburg, Struck v. Secretary of Defense


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.

Library of Congress Subject Headings

Equality before the law--United States, Struck v. Secretary of Defense, Pregnant women, Abortion, Sex discrimination, Ruth Bader Ginsburg