This paper examines whether Justice Ruth Bader Ginsburg demonstrates any evidence of a "feminine voice" in her opinions. There has been much jurisprudential literature written recently regrading the possible existence of a "feminine voice." This paper surveyes the literature and defines what is meant by a "feminine voice." The paper proceeds to analyze some of Justice Ginsburg's opinions to determine if a "feminine voice" is present. This study focuses on four areas of law the literature suggests evidence of a "feminine voice" might be found: cases involving gender, race, the Establishment Clause, and physician-assisted suicide. With the exception of cases concerning race, no evidence of a "feminine voice" was found. In race cases, there is evidence to suggest that Justice Ginsburg arrives at her decision in a way that is different from her male colleagues. The lack of evidence of a "feminine voice" in the other areas does not mean that no such voice exists; rather, it is just not present in all of the decisions written by Justice Ginsburg. The paper concludes that, at least in cases involving race, Justice Ginsburg does reason in a "feminine voice." While this is a narrow finding, the fact that there is evidence of a "feminine voice," at least in some cases, suggests that gender does play a role in judicial decision-making at the United States Supreme Court level. / Department of Political Science
| Identifer | oai:union.ndltd.org:BSU/oai:cardinalscholar.bsu.edu:handle/186357 |
| Date | January 1998 |
| Creators | Bonneau, Chris W. |
| Contributors | Baker, Ralph E. |
| Source Sets | Ball State University |
| Detected Language | English |
| Format | 48 leaves ; 28 cm. |
| Source | Virtual Press |
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