RBG: Nonprofit Entrepreneur

It is exceedingly rare for one person to change the world almost single-handedly, but Justice Ruth Bader Ginsburg was of those people. Even before her distinguished judicial career, RBG a trailblazing advocate women’s rights during 1970s. She persuaded Supreme Court that gender discrimination violates Equal Protection Clause U.S. Constitution, winning five six cases she argued there. To lead this historic effort, served as general counsel ACLU and co-founder first director its Women’s Rights Project from 1972 until became judge in 1980. How can we evaluate RBG’s performance role? If had led for-profit business, could track profits. But test nonprofit’s success not how much money it makes, good does world. operationalize somewhat abstract test, I have urged nonprofits assess their work with three questions, which Article applies impact litigation: First, important problem trying solve? Second, effective response? Third, what were comparative advantages work? To begin question, targeted an enormously significant problem. In 1970s, deep roots law. Constantly encountering own emphatic people should be judged by ability, gender. Yet advance meritocratic vision, way male judges thought about these issues. Second, pursuing goal? delivered extraordinary results, crafting litigation strategy key strengths. First, instead striving accomplish all goals case, proceeded stages, so each new case built on last one. Like chess grandmaster, several moves ahead. Second, gift seeing through eyes (skeptical) judges, chose carefully, hunting compelling facts. Third, ever mindful audience, framed legal issues ways resonated judges. Along targeting way, nonprofit also doing work. This brings us third question: What unique strengths leading Project? courage take controversial positions firepower prevail. As both successful professional devoted spouse parent, modeled mission life. although deeply personal her, rarely showed impatience or frustration. By temperament, unfailingly polite collegial. knew venting set back cause, goal do good, feel good. combining steely self-control strategic thinking, determination, eloquence, stunningly successful. In analyzing record leader, draws only historical writings, my experiences her. law clerk October Term 1994, second year Court. Over next twenty-five years, generous mentor dear friend. We countless conversations litigation.