The Role of Disenting Opinions

The 20th Annual Leo and Berry Eizenstat Memorial Lecture, October 21, 2007, by Ruth Bader Ginsburg, Associate Justice, Supreme Court of the United States

I turn now to another genre of dissent, one aiming to attract immediate public attention and to propel legislative change. My example is the second dissent [Ledbetter v. Goodyear Tire & Rubber Company, Inc. 47 pp. pdf] I read from the bench last term. ...

Several members of Congress responded within days after the Court's decision issued. A corrective measure passed the House on July 31, 2007. Senator Kennedy introduced a parallel bill, with 21 co-sponsors. The response was just what I contemplated when I wrote: "The ball is in Congress' court . . . . to correct [the Supreme] Court's parsimonious reading of Title VII." But the fate of the proposed legislation has been clouded. On July 27, the Administration announced that if the measure "were presented to the President, his senior advisors would recommend that he veto the bill."

(via Orin Kerr at The Volokh Conspiracy)