Season 2: Episode 4: A Discussion of Adarand Construction v. Pena
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
Release Date: 09/16/2021
Season 3: Episode 5: RBG, Justice Marshall and the Death Penalty (Part 2)
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 3, Episode 5 of Notorious, we continue to discuss the ’s prohibition against cruel and unusual punishment – from Justice Marshall’s viewpoint, as well as Justice Ginsburg’s viewpoint. This topic is broken up into two episodes, with Episode 5 focusing mostly on Justice Ginsburg’s views and how those views intersect with those of Justice Marshall. attorneys , and discuss the history of the death penalty, as well as the cases of and , and the impact of their legal legacy on future capital punishment jurisprudence. Related Resources: For a selection of Justice...
info_outline
Season 3: Episode 4: RBG, Justice Marshall and the Death Penalty (Part 1)
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 3, Episode 4 of Notorious, we discuss the ’s prohibition against cruel and unusual punishment – from Justice Marshall’s viewpoint, as well as Justice Ginsburg’s viewpoint. This topic is broken up into two episodes, with Episode 4 focusing mostly on Justice Marshall’s views and historical context. attorneys , and discuss the history of the death penalty, as well as the cases of and , and the impact of their legal legacy on future capital punishment jurisprudence. Related Resources: For a selection of Justice Ginsburg’s writings, see , edited by . For more...
info_outline
Season 3: Episode 3: Justice Ginsburg and Justice Marshall’s Views on Campaign Finance
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 3, Episode 3 of Notorious, we discuss campaign finance, from legal viewpoints of Justices Ginsburg and Marshall. Among the issues discussed are what it means to participate in a fair and free election and the intersection between money and its impact on free speech during a political campaign. Guests will include Patterson Belknap Partner and Patterson Belknap Associates and . Related Resources: For a selection of Justice Ginsburg’s writings, see , edited by . For more information about , see . For information about becoming a guest on Notorious, email . For questions or...
info_outline
Justice Marshall & Justice Ginsburg First Amendment Jurisprudence
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 3, Episode 2 of Notorious, we discuss the First Amendment and how it was addressed by Justice Ginsburg and Justice Marshall. Specifically, this episode will cover Justice Ginsburg’s and Justice Marshall’s jurisprudence concerning the religious clauses of the First Amendment, including the Establish Clause and the Free Exercise Clause. Guests will include Patterson Belknap Partner ; Patterson Belknap Counsel ; and Patterson Belknap Associates and . Related Resources: For a selection of Justice Ginsburg’s writings, see , edited by . For more information about , see . For...
info_outline
Season 3, Episode 1: Justice Marshall & Justice Ginsburg’s Judicial Philosophies
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 3, Episode 1 of Notorious, we discuss Justice Thurgood Marshall’s and Justice Ruth Bader Ginsburg’s contributions to the Civil Rights Movement, and parallels and differences between their legal and judicial strategies. Guests will include , who currently sits on the United States Court of Appeals for the Third Circuit and previously sat on the U.S. District Court for the District of New Jersey; , Patterson Belknap Of Counsel and former judicial clerk to Justice Marshall; Patterson Belknap Partner ; and Patterson Belknap Associate . Related Resources: For a selection of Justice...
info_outline
Season 2: Episode 6: 2020-2021 Supreme Court Term
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 2, Episode 6 of Notorious, we discuss the 2020-2021 Supreme Court Term and look back at specific cases and instances where Justice Ginsburg’s influence is still alive and well. Specifically, we discuss the cases, FDA v. American College of Obstetricians and Gynecologists, National Coalition for Men v. Selective Service System, Tanzin v. Tanvir, and Dobbs v. Jackson Women’s Health Organization.
info_outline
Season 2: Episode 5: A Discussion of Ricci v. DeStefano
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 2, Episode 5 of Notorious, we discuss the case of Ricci v. DeStefano, which involved the question of whether the city of New Haven, Connecticut violated the Equal Protection Clause of the Fourteenth Amendment and Title VII of the Civil Rights Act when it rejected the results of a civil service exam given to firefighters. The results of the exam showed that white candidates had out-performed minority candidates and the question was raised as to whether the exam was discriminatory.
info_outline
Season 2: Episode 4: A Discussion of Adarand Construction v. Pena
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 2, Episode 4 of Notorious, we discuss the case of Adarand Construction v. Pena, which involved whether a federal statute, which provided for favor treatment to a suspect class to remedy past discrimination, violated the Equal Protection Clause as embodied in the Fifth Amendment.
info_outline
Season 2: Episode 3: A Discussion of Grutter v. Bollinger
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 2, Episode 3 of Notorious, we discuss the case of Grutter v. Bollinger, which involved the question of whether a law school admissions policy that considered race as a factor in admissions violated the Equal Protection Clause of the Fourteenth Amendment or Title VII of the Civil Rights Act of 1964.
info_outline
Season 2: Episode 2: A Discussion of Gonzales v. Carhart
Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 2, Episode 2 of Notorious, we discuss the case of Gonzales v. Carhart, which involved the Supreme Court’s consideration of the constitutionality of The Partial-Birth Abortion Ban Act of 2003 (“the Act”). In 2003, Congress passed and President Bush signed the Act into law. Dr. LeRoy Carhart and other physicians, who performed late term abortions, sued to stop the Act from going into effect. A federal district court agreed and ruled the Act unconstitutional.
info_outlineIn Season 2, Episode 4 of Notorious, we discuss the case of Adarand Construction v. Pena, which involved whether a federal statute, which provided for favor treatment to a suspect class to remedy past discrimination, violated the Equal Protection Clause as embodied in the Fifth Amendment.
In this case, Adarand, a contractor specializing in highway guard rail work, submitted the lowest bid as a subcontractor for part of a project funded by the United States Department of Transportation. Under the terms of the contract, the prime contractor would receive additional compensation if it hired small businesses controlled by “socially and economically disadvantaged individuals.” Gonzalez Construction Company was awarded the work as they were certified as a minority business and Adarand was not. The primary contractor would have accepted Adarand’s bid had it not been for the additional payment it received for hiring Gonzalez.
Justice O’Connor, writing for the majority, held that racial classifications, imposed by the federal government, must be analyzed under a standard of "strict scrutiny." Strict scrutiny is the most stringent level of judicial review for claims of Equal Protection Clause violations and requires that racial classifications be narrowly tailored to further compelling governmental interests.
Interestingly, there were six different opinions issued in this case, including the majority opinion. Justice Ginsburg issued a dissent, in which she once again proved herself to be a consensus builder: “I write separately to underscore not the differences the several opinions in this case display, but the considerable field of agreement--the common understandings and concerns--revealed in opinions that together speak for a majority of the Court.”
Patterson Belknap attorneys Michelle Bufano, Melissa Ginsberg, and George Soussou discuss Justice Ginsburg’s impact on this case.
Related Resources:
For a selection of Justice Ginsburg’s writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection, edited by Corey Brettschneider.
For more information about Patterson Belknap Webb & Tyler LLP, see www.pbwt.com.
For information about becoming a guest on Notorious, email Michelle Bufano.
For questions or more information about Notorious, email Jenni Dickson.
Also, check out the Patterson Belknap podcast, How to Build A Nation in 15 Weeks.
Related People: