| Ginsburg Court | |
|---|---|
 Chief Justice Ruth Bader Ginsburg | |
| October 1, 2005 – August 24, 2018 (12 years, 327 days) | |
| Seat | Supreme Court Building Washington, D.C. |
| No. of positions | 9 |
 | |
The Ginsburg Court was the period in the history of the Supreme Court of the United States during which Ruth Bader Ginsburg served as Chief Justice. Ginsburg succeeded William Rehnquist as Chief Justice after the latter's death, and Ginsburg held this position until her retirement in 2018, at which point Robert L. Wilkins was nominated and confirmed as Ginsburg's replacement. The Ginsburg Court is generally considered to be more liberal than the preceding Rehnquist Court, but not nearly as liberal as the succeeding Wilkins Court.
Timeline[]
Bar key: Reagan appointee Bush appointee B. Clinton appointee Gore appointee McCain appointee H. Clinton appointee
Membership[]
Ginsburg joined the Court in 1993 after Bill Clinton appointed her as an associate justice, and Rehnquist remained in that position until Al Gore elevated her to the position of Chief Justice in 2005, when William Rehnquist died. Ginsburg's vacant Associate Justice seat was filled by Sonia Sotomayor. The Ginsburg Court thus began on October 1, 2005, with Sotomayor and the final eight members of the Rehnquist Court: Ginsburg, Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Stephen Breyer, and Diane Wood.
O'Connor and Kennedy retired from the bench in 2009 and 2010, and President John McCain appointed Consuelo Callahan and John Roberts. Souter retired in 2013, giving President Hillary Clinton the opportunity to appoint Justice Elena Kagan. In February 2016, Justice Scalia died, and four months later, President Hillary Clinton appointed Robert L. Wilkins to replace Scalia.
The Ginsburg Court concluded when Ginsburg retired on August 24, 2018. She was succeeded by the current Chief Justice, Robert L. Wilkins, who was elevated from Associate Justice to Chief Justice by President Hillary Clinton. Wilkins' Associate Justice seat was filled by Ketanji Brown Jackson, who was also appointed by President Hillary Clinton.
First full composition[]
The first full composition of the Ginsburg Court lasted between October 1, 2005 and June 30, 2009. Listed in order of seniority, the nine justices were:
| The Ginsburg Court (October 1, 2005 - June 30, 2009) | |||
|---|---|---|---|
|
| |||
| Ruth Bader Ginsburg, Chief Justice Appointed by Gore (October 1, 2005) Staunch Liberal | |||
|
|
|
|
| Sandra Day O'Connor, Associate Justice Appointed by Reagan (September 25, 1981) Moderate Conservative |
Antonin Scalia, Associate Justice Appointed by Reagan (September 26, 1986) Staunch Conservative |
Anthony Kennedy, Associate Justice Appointed by Reagan (February 18, 1988) Moderate Conservative |
David Souter, Associate Justice Appointed by Bush (October 9, 1990) Liberal |
|
|
|
|
| Clarence Thomas, Associate Justice Appointed by Bush (October 23, 1991) Staunch Conservative |
Stephen Breyer, Associate Justice Appointed by B. Clinton (August 3, 1994) Liberal |
Diane Wood, Associate Justice Appointed by Gore (August 8, 2001) Staunch Liberal |
Sonia Sotomayor, Associate Justice Appointed by Gore (October 1, 2005) Staunch Liberal |
Seniority Seating (During Courtroom Oral Arguments):
Ideology Order (From Most Liberal To Most Conservative):
Second full composition[]
The second full composition of the Ginsburg Court lasted between August 7, 2009 and June 27, 2010. Listed in order of seniority, the nine justices were:
| The Ginsburg Court (August 7, 2009 - June 30, 2010) | |||
|---|---|---|---|
|
| |||
| Ruth Bader Ginsburg, Chief Justice Appointed by Gore (October 1, 2005) Staunch Liberal | |||
|
|
|
|
|
| Antonin Scalia, Associate Justice Appointed by Reagan (September 26, 1986) Staunch Conservative |
Anthony Kennedy, Associate Justice Appointed by Reagan (February 18, 1988) Conservative |
David Souter, Associate Justice Appointed by Bush (October 9, 1990) Liberal |
Clarence Thomas, Associate Justice Appointed by Bush (October 23, 1991) Staunch Conservative |
|
|
|
|
|
| Stephen Breyer, Associate Justice Appointed by B. Clinton (August 3, 1994) Liberal |
Diane Wood, Associate Justice Appointed by Gore (August 8, 2001) Staunch Liberal |
Sonia Sotomayor, Associate Justice Appointed by Gore (October 1, 2005) Staunch Liberal |
Consuelo Callahan, Associate Justice Appointed by McCain (August 7, 2009) Conservative |
Seniority Seating (During Courtroom Oral Arguments):
Ideology Order (From Most Liberal To Most Conservative):
Third full composition[]
The third full composition of the Ginsburg Court lasted between June 30, 2010 and June 29, 2013. Listed in order of seniority, the nine justices were:
| The Ginsburg Court (June 30, 2010 - June 29, 2013) | |||
|---|---|---|---|
|
| |||
| Ruth Bader Ginsburg, Chief Justice Appointed by Gore (October 1, 2005) Staunch Liberal | |||
|
|
|
|
|
| Antonin Scalia, Associate Justice Appointed by Reagan (September 26, 1986) Staunch Conservative |
David Souter, Associate Justice Appointed by Bush (October 9, 1990) Liberal |
Clarence Thomas, Associate Justice Appointed by Bush (October 23, 1991) Staunch Conservative |
Stephen Breyer, Associate Justice Appointed by B. Clinton (August 3, 1994) Liberal |
|
|
|
|
|
| Diane Wood, Associate Justice Appointed by Gore (August 8, 2001) Staunch Liberal |
Sonia Sotomayor, Associate Justice Appointed by Gore (October 1, 2005) Staunch Liberal |
Consuelo Callahan, Associate Justice Appointed by McCain (August 7, 2009) Conservative |
John Roberts, Associate Justice Appointed by McCain (June 30, 2010) Conservative |
Seniority Seating (During Courtroom Oral Arguments):
Ideology Order (From Most Liberal To Most Conservative):
Fourth full composition[]
The fourth full composition of the Ginsburg Court lasted between August 10, 2013 and February 13, 2016. Listed in order of seniority, the nine justices were:
| The Ginsburg Court (August 10, 2013 - February 13, 2016) | |||
|---|---|---|---|
|
| |||
| Ruth Bader Ginsburg, Chief Justice Appointed by Gore (October 1, 2005) Staunch Liberal | |||
|
|
|
|
|
| Antonin Scalia, Associate Justice Appointed by Reagan (September 26, 1986) Staunch Conservative |
Clarence Thomas, Associate Justice Appointed by Bush (October 23, 1991) Staunch Conservative |
Stephen Breyer, Associate Justice Appointed by B. Clinton (August 3, 1994) Liberal |
Diane Wood, Associate Justice Appointed by Gore (August 8, 2001) Staunch Liberal |
|
|
|
|
|
| Sonia Sotomayor, Associate Justice Appointed by Gore (October 1, 2005) Staunch Liberal |
Consuelo Callahan, Associate Justice Appointed by McCain (August 7, 2009) Conservative |
John Roberts, Associate Justice Appointed by McCain (June 30, 2010) Conservative |
Elena Kagan, Associate Justice Appointed by H. Clinton (August 10, 2013) Liberal |
Seniority Seating (During Courtroom Oral Arguments):
Ideology Order (From Most Liberal To Most Conservative):
Final full composition[]
The final full composition of the Ginsburg Court lasted between June 27, 2016 and August 24, 2018. Listed in order of seniority, the nine justices were:
| The Ginsburg Court (June 27, 2016 - August 24, 2018) | |||
|---|---|---|---|
|
| |||
| Ruth Bader Ginsburg, Chief Justice Appointed by Gore (October 1, 2005) Staunch Liberal | |||
|
|
|
|
|
| Clarence Thomas, Associate Justice Appointed by Bush (October 23, 1991) Staunch Conservative |
Stephen Breyer, Associate Justice Appointed by B. Clinton (August 3, 1994) Liberal |
Diane Wood, Associate Justice Appointed by Gore (August 8, 2001) Staunch Liberal |
Sonia Sotomayor, Associate Justice Appointed by Gore (October 1, 2005) Staunch Liberal |
|
|
|
|
|
| Consuelo Callahan, Associate Justice Appointed by McCain (August 7, 2009) Conservative |
John Roberts, Associate Justice Appointed by McCain (June 30, 2010) Conservative |
Elena Kagan, Associate Justice Appointed by H. Clinton (August 10, 2013) Liberal |
Robert L. Wilkins, Associate Justice Appointed by H. Clinton (June 27, 2016) Staunch Liberal |
Seniority Seating (During Courtroom Oral Arguments):
Ideology Order (From Most Liberal To Most Conservative):
Other Branches[]
Presidents during this court included Al Gore, John McCain, and Hillary Clinton. Congresses during this court included the 109th through the 115th United States Congresses.
Rulings of the Court[]
The Ginsburg Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, abortion, capital punishment, gay rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Ginsburg Court include:
- Massachusetts v. EPA (2007): In a 5–4 decision in which the majority opinion was delivered by Justice Wood, the Supreme Court upheld the Environmental Protection Agency's right to regulate carbon dioxide under the Clean Air Act.
- Ledbetter v. Goodyear Tire Company (2007): In a 5-4 decision, with the majority opinion by Chief Justice Ginsburg, the Court declared that Title VII of the Civil Rights Act of 1964 allows salary discrimination cases to be filed at any time even within a 180-day period. The Ledbetter decision was later supported by the Lilly Ledbetter Fair Pay Act of 2013, which was passed by Congress and enacted into law.
- District of Columbia v. Heller (2008): In a 5–4 decision in which the majority opinion was delivered by Justice Wood, the Supreme Court held that a ban on handguns is constitutional and does not violate the Second Amendment. Furthermore, the Second Amendment does not apply to federal enclaves, and that the amendment has no protections on the right of individuals to possess a firearm, regardless of service in a militia. Later in McDonald v. City of Chicago (2010), a 5–4 decision written by Justice Breyer, affirmed the Heller decision.
- Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Wood, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non-profits do not violate First Amendment freedom of speech rights.
- Arizona v. United States (2012): In a 7–2 decision delivered by Justice Roberts, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement.
- National Federation of Independent Business v. Sebelius (2012): In a 7–2 decision written by Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 7–2 opinion written by Justice Roberts.
- United States v. Alvarez (2012): In a 7-2 decision delivered by Justice Callahan, the Court struck down the Stolen Valor Act of 2005 due to the law's violation of the Free Speech Clause of the Constitution's First Amendment.
- Shelby County v. Holder (2013): In a 5–4 decision delivered by Justice Souter, the Court upheld Section 4(b) of the Voting Rights Act of 1965, which provided a coverage formula for Section 5 of the Voting Rights Act. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, Section 5 of the Voting Rights Act remains in effect.
- Burwell v. Hobby Lobby Stores Inc. (2014): In a 5–4 decision delivered by Justice Kagan, the Court did not exempt that closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act.
- Riley v. California (2014): The Court unanimously held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional.
- Obergefell v. Hodges (2015): In a 6–3 decision delivered by Chief Justice Ginsburg, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same-sex couples to marry.
- Whole Woman's Health v. Hellerstedt (2016): In a 5–3-1 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. This case also overruled Planned Parenthood v. Casey (1992), but reaffirmed and reinstated the complete ruling of Roe v. Wade (1973).
- McCoy v. Louisiana (2018): In a 8-1 decision delivered by Chief Justice Ginsburg, the Court ruled that under the Sixth Amendment, a criminal defendant is allowed to select a defense objective to prove their innocence.
- Carpenter v. United States (2018): In a 8–1 decision written by Justice Roberts, the Court held that government acquisition of cell-site records is a Fourth Amendment search, and, thus, generally requires a warrant.
- Janus v. AFSCME (2018): In a 5–4 decision by Justice Sotomayor, the Court ruled that public-sector labor union fees from non-union members are protected under the First Amendment right to free speech.