57 pages • 1-hour read
My Own Words
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Literary Devices
Direct, Clear, Unambiguous Prose
In her portions of the text, Ginsburg typically writes in simple, declarative sentences, such that readers understand precisely what she intends to discuss and, at the conclusion of a piece, exactly where she stands. This sort of clarity is necessary for legal documents. Thus, when she gives the majority bench announcement that requires the VMI to open its doors to women as well as men, she explains in declarative sentences such as this: “The school’s unique program and unparalleled record as a leadership training ground has led some women to seek admission” (151).
Beyond her legal texts, however, she tends to write in the same expository manner when penning essays and lectures. Thus, she begins an essay—later presented as a lecture—on an evolving understanding of the judiciary: “The Madison Lecture series has exposed and developed two main themes: human rights and the administration of justice, particularly in our nation’s federal courts. My remarks touch on both themes” (228). Despite the simplicity of her style, Ginsburg can include irony, humor, negative observations, and prophetic statements in her work. In her comments on a law she found disingenuous, she writes, “Texas trained its restrictions on abortion providers alone, and placed no similar restraints on medical procedures considerably more dangerous to patients, including tonsillectomies, colonoscopies, and childbirth” (328).
Citing Contrasting Opinions Prior to Her Own
A literary device commonly used by judges in rendering their decisions is a recitation of the logical arguments made by the losing side—those against whom the judge will rule. Thus, the judge demonstrates having considered both sides of the dispute. After expressing the logical position of the losing side, the judge enumerates the position of the winning side and renders a legal opinion as to why that side prevailed.
Frequently, Ginsburg details the opinions of jurists and litigants against whom she vied in the courtroom, expressing first the opinions of her adversaries or the prevailing historical position, and then describing her own stance and why she considers it correct and superior. She also talks about long-held perceptions that she summarily challenged through legal action, comparing her position to the traditional standard and stating why she believes her view is correct. For example, in Ginsburg’s VMI bench announcement, she describes the efforts of the state of Virginia to provide an alternative setting for women that the state considered adequate to meet the demand of equal protection. After methodically stating Virginia’s case and reasoning, she writes, “We reverse that determination. Our reasoning centers on the essence of the complaint of the United States and on facts that are undisputed” (152).
Quoting Highly Regarded Authorities
Another literary device Ginsburg continually uses is the inclusion of pertinent observations by respected authorities. In her 1992-1993 comments on the historical understanding of the judiciary’s role and how it changed over the centuries, she refers to comments by Alexander Hamilton, James Madison, John Marshall, and Charles Evans Hughes within the space of two paragraphs (229). Her inclusion of the comments of such esteemed historical figures demonstrates that Ginsburg is well-read and that her own perceptions are rooted in the thinking of great leaders. When Ginsburg shows how her viewpoint on legislation or justice follows directly from the ideals and insights of previous judicial trailblazers, she implies an air of inevitability about her precepts. This is true even in her dissents from Supreme Court decisions. She writes of taking the long view, hoping that the court in the future will heed her comments and reverse its own errors.
Use of She/Her in Third Person Examples
One unusual, fairly unique literary practice of Ginsburg’s is the inclusion of third-person feminine pronouns when using examples. Traditionally, use of the third person male was the standard when expressing an example. For instance, a sign might read: When a passenger gets off the bus, he must turn left. Because of the gender bias of that longtime standard, common usage changed in the late 20th century such that the statement would become: When a passenger gets off the bus, he or she must turn left. In the third decade of the 21st century, the convention changed again to allow the gender-neutral use of the pronoun they/them: When a passenger gets off the bus, they must turn left. Ginsburg uses none of these. In expressing such an example, she uses a feminine pronoun throughout the text. For instance, she writes: “Congress did not alter a tradition in which one person’s right to free exercise of her religion must be kept in harmony with the rights of her fellow citizens, and with the common good” (312). Ginsburg might have written: When a passenger gets off the bus, she must turn left.
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