The interviewer asks Ginsburg about a hypothetical Supreme Court that is majority female:
Q: Do you think that some of the discrimination cases might turn out differently?
JUSTICE GINSBURG: I think for the most part, yes. I would suspect that, because the women will relate to their own experiences.
Q: That’s one area in which outcomes might actually differ?
JUSTICE GINSBURG: Yes. I think the presence of women on the bench made it possible for the courts to appreciate earlier than they might otherwise that sexual harassment belongs under Title VII [as a violation of civil rights law].
Later in the interview, Justice Ginsburg talks about how Chief Justice Rehnquist wrote an opinion that discussed the problem of stereotyping women as responsible for the domestic sphere. If women, and not men, are in charge of the home, then employers will view them as less valuable:
Q: ... I wonder if one of the measures of your success on the court is that a male justice would write an opinion like this?
JUSTICE GINSBURG: That opinion was such a delightful surprise. When my husband read it, he asked, did I write that opinion? I was very fond of my old chief. I have a sense that it was in part his life experience. When his daughter Janet was divorced, I think the chief felt some kind of responsibility to be kind of a father figure to those girls. So he became more sensitive to things that he might not have noticed.
It is hard to imagine a world in which life experience didn't affect judgments, in both narrow and broad senses. The question is, what experiences expand our willingness and ability to imagine other ways of being-in-the-world? Or, better yet, how might we become more expansive people? We can always look back and say, let's not empathize, but there's wisdom in knowing what's beyond the comfort our own sedimented worlds.


