Remembering Justice Ginsburg

BY RANDY J. HOLLAND

Iwas asked to recount some of my interactions with Justice Ginsburg. It has rekindled wonderful memories. Our first meetings were in the late 1990s at American Inns of Court events in the United States Supreme Court. Our correspondence began with her letter of congratulations to me on August 7, 2000 when I became the National President of the American Inns of Court. For the next 20 years, we exchanged letters and hand-written notes. We also met once or twice each year.

We met several times at the Second Circuit Judicial Conference. She was the Second Circuit Justice and I was presenting the American Inns’ Professionalism Award. After one of those occasions, I sent Justice Ginsburg a copy of The Bencher with a photograph of her, Justice Breyer, the award recipient, and me. She thanked me in a letter and requested a copy of the photograph “for my souvenirs.”

In the letter, she also mentioned that she had just been named an Honorary Bencher of Lincoln’s Inn in London. The next year, when (to my surprise) I also became an Honorary Bencher she wrote to me, “so glad to know that you and I are Lincoln’s Inn colleagues.” Although several Americans are Honorary Benchers

Portrait of Justice Ruth Bader Ginsburg, painted by Simmie Knox in 2000. Image found on Wikimedia Commons.

at the Middle Temple and other two Inns in London, Justice Ginsburg, Justice Stevens, and I were the only three Americans who were Honorary Benchers at Lincoln’s Inn. Justice Ginsburg arranged for the three of us to be photographed at the Supreme Court. That photo is in my office.

Over the years, I periodically went to the Supreme Court to move the admission of groups of attorneys from the Delaware Law School. Justice Ginsburg always accepted my invitation to attend a reception after each admission ceremony and speak to our group. My law clerk was with me at one of those receptions. She was expecting a baby. Justice Ginsburg spoke to her about her own experience as an expectant mother in the legal profession.

A few times when I went to Washington with my law clerks, I asked Justice Ginsburg if we could stop by for a visit. She always found time to host us in her Chambers. Many of Justice Ginsburg’s clerks were selected for the American Inns of Court Temple Bar program in London. We talked about that program on several occasions.

One of our other mutual interests was teaching law school in Venice, Italy. We taught for different law schools and exchanged suggestions on things to do. Not surprisingly, the opera in Venice topped her list. We once talked about the Scalia/Ginsburg Opera based on texts from their judicial opinions. She told me that she attended the opening performance and especially liked a scene where she rescued Justice Scalia. A few years later, I invited her to see it in Wilmington. She wrote, “To my disappointment, I must miss the Delaware Opera’s Scalia/Ginsburg

production.” She enjoyed music. In 2013, she sent me the program from a recital organized by her son as a tribute for her 80th birthday and 20 years on the Supreme Court.

I knew that Justice Ginsburg had her portrait painted by the renowned artist, Simmie Knox. I wrote to her that he was also going to paint my portrait. I told her that he was a longtime family friend who had previously painted my portrait when I was a teenager and he was a college student with no training. She was happy to hear my story about Simmie. She wrote that she appreciated his talent in portraying her, after a recent illness, “as I hoped I would be after my health and strength were restored.”

Justice Ginsburg was an active supporter of the American Inns of Court. We often met at annual events. With characteristic good humor, she once wrote she was happy that we were “Inn-mates.” She sent me congratulations when the Delaware Workers’ Compensation Inn was named for me. Later, when a group of Holland Inn members were admitted to the Supreme Court Bar, she joined us at the reception. On another occasion, she met with the executive committee of the Holland Inn in her Chambers. In a later visit to her Chambers with some of my

Above: Justice Ginsburg with The Honorable Tamika R. Montgomery-Reeves and The Honorable Jan R. Jurden at the 95th Anniversary Dinner in Washington, D.C. in August 2018. Right: Lady Black, Lord Justice McCombe, Justice Ginsburg, Randy Holland, and Dr. Holland. Visiting Justice Ginsburg in her Chambers last year.

law clerks, I gave her a copy of the Holland Inn Cookbook. She reciprocated by giving me a copy of the cookbook prepared by the Supreme Court spouses in memory of her beloved husband, Marty, who was an accomplished chef.

We talked about the movies RBG and On the Basis of Sex. She liked them both. She told me her nephew wrote On the Basis of Sex and had selected that case for the movie, rather than one of her Supreme Court cases, because she and Marty had been co-counsel. That made her happy.

Justice Ginsburg enjoyed watching women succeed in the legal profession. At my request, she sent a letter for me to read when Justice Valihura was sworn in as the second woman on the Delaware Supreme Court. I later arranged for them to be photographed at a Supreme Court dinner.

In 2018, I asked the leaders of the DSBA Women and the Law Section for permission to organize a 95th anniversary dinner and invite Justice Ginsburg to speak. They readily agreed. In response to my invitation, Justice Ginsburg wrote, “if a summer dinner would work for the group, please tell me and I will suggest some dates.” On August 23, 2018, more than 300 Delaware women judges and attorneys had dinner with Justice Ginsburg in Washington. A highlight of the evening was an interview of Justice Ginsburg by President Judge Jurden and then Vice Chancellor Montgomery-Reeves. I wrote to Justice Ginsburg the following year, when Justice Montgomery-Reeves was appointed to the Supreme Court. Justice Ginsburg thanked me “for the good news from Delaware.”

These are a few of my many fond memories. There is not enough space to write about our other correspondence and conversations on such topics as being the Notorious RBG or her exercise routine. Although I will add that Justice Ginsburg smiled when I said I probably could not match her in doing push-ups.

The last time I saw Justice Ginsburg was with my wife in her Chambers in October 2019. I had arranged for her to meet Lady Black, the second woman appointed to the Supreme Court of England, and her husband, Lord Justice McCombe, the Treasurer of Lincoln’s Inn. It was a special occasion for the two American Benchers of Lincoln’s Inn to be with the Treasurer and for the first two women on their respective nations’ Supreme Courts to be together. John Donne was the pastor of the Chapel at Lincoln’s Inn when he wrote For Whom the Bell Tolls. It is customary to ring the 400-year-old Chapel bell when a Bencher dies. In his letter of condolence to her children, the current Treasurer advised them that the Lincoln’s Inn Chapel bell had been tolled for Justice Ginsburg.

When I retired, she sent a gracious letter and thanked me “for caring about the society law exists to serve.” We all thank her. She is the gold standard for caring about society. It is comforting to know that the sound of her legacy will never stop tolling and will ring forever in all of the lives she has touched, inspired, and given an opportunity to enjoy equal justice.

Randy J. Holland was a Justice of the Delaware Supreme Court for more than 30 years. He is currently Senior Of Counsel in the Wilmington office of Wilson Sonsini Goodrich & Rosati. He can be reached at rholland@wsgr.com.

Last Words

Conversations with RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law By Jeffrey Rosen Henry Holt and Co., 2019

Ionly ever met Ruth Bader Ginsburg once, and I did not necessarily agree with all of her judicial opinions, but I very much would have liked to have gotten to know her better and to have been one of her friends. She was a person of much accomplishment, yet what really comes through in Professor Jeffrey Rosen’s book, Conservations with RBG: Ruth Bader Ginsburg on Life, Love, Liberty and Law, is just what a kind, thoughtful, caring person she was.

Conversations with RBG is exactly what its title tells you. It is an extended transcript of various conversations which Professor Rosen had with the good Justice over the years, “condensed and rearranged so that they are organized by theme.” Interesting and thoughtful conversations are a good way to get to know someone, and Rosen — and Ginsburg, who helped put the book together and reviewed the transcripts — deliver exactly that. Chapters, or “conversations,” include her landmark cases, marriage between equals, the cases she would overturn, and the two chiefs.

Her close friendship with fellow Justice Antonin Scalia is already legendary and there is also a chapter (entitled “Nino”) dedicated to that. It begins with a story from 1993 when President Clinton was mulling over who to name as his first appointment to the Court. Rosen was a reporter then, and he published a story in the New Republic describing a brown bag lunch he had with a group of Supreme Court clerks. They told him the story of a similar lunch with Justice Scalia a few months earlier when the Justice was asked, “If you had to spend the rest of your life on a desert island with Laurence Tribe or Mario Cuomo [two names often mentioned as potential Clintonappointees to the Court], which would you choose?” Scalia quickly responded “Ruth Bader Ginsburg.” Days after the story ran, Clinton named Ginsburg.

Ginsburg and Scalia both loved operas, and their families celebrated many New Years together. Ginsburg also points out that although the media almost always focused on their differences, there were cases upon which they agreed, including Scalia’s dissent in Maryland v. King, a case upholding the collection of DNA evidence from arrestees. The majority held that DNA is just another, more modern form of fingerprinting. Scalia argued (and Ginsburg agreed) that the DNA evidence was not being used to solve the crime for which the person was arrested, but instead being used to see if that person had committed any past, unsolved crimes — and that taking evidence (a DNA sample) from someone to run through a DNA database of unsolved crimes was an unreasonable search and seizure under the Fourth Amendment.

In the just recently published The Essential Scalia (Crown Forum, 2020), former clerk and now Judge Jeffrey Sutton tells of a visit to Scalia’s chambers in which there were two dozen roses on the table that Scalia said he was taking down to “Ruth” for her birthday. “Wow,” the judge responded, “I doubt that I have given a total of twenty-four roses to my wife in almost thirty years of marriage.” “You ought to try it sometime,” Scalia responded. Sutton pushed back, unwilling to give the last word, “So what good have all these roses done for you? Name one five-four case of

And, if two individuals as diverse in their thoughts Even when one is all grown up, death of a beloved parent is a loss and opinions as Justices Scalia and Ginsburg could, difficult to bear. But you will honor nevertheless, find common ground and be true and your mother best if you carry on good friends, then we should follow that example with your work and days, thriving in the challenges and joys of being as well. alive. Isn’t that just what she would any significance where you got Justice unconstitutional. There was no need Those words, perhaps, take on greater Ginsburg’s vote.” “Some things,” Scalia to declare every law in the country ad- meaning now with the Justice’s loss, but responded, “are more important than dressing abortion, even the most liberal, I suspect that they contain her wish for votes.” unconstitutional. That’s not the way the us all — to carry on with our work and

Ginsburg sums up her friendship Court usually operates. It doesn’t take days, and to thrive in the challenges and with Scalia in observing that “[t]he idea giant steps.” joys of being alive. And, if two indiis that there are two people who interpret During a discussion of Justice Kava- viduals as diverse in their thoughts and the Constitution differently yet retain naugh’s appointment and what it might opinions as Justices Scalia and Ginstheir fondness for each other and, much mean for the Court, Ginsburg laments burg could, nevertheless, find common more than that, their reverence for the the partisanship and straight party line ground and be true and good friends, institution that employs them.” More votes of today’s nomination process then we should follow that example as than anything, the mutual reverence and compared to her own near unanimous well. Some things are more important respect for the Constitution no doubt approval (96-3) and Justice Scalia’s than votes. explains their friendship. unanimous approval (98-0), observing Ginsburg also talks of her friendship with Justice Sandra Day O’Connor, even though, over the years, they only that those results would never happen in today’s Washington, D.C. Rosen dedicates the book to his deRichard “Shark” Forsten is a Partner with Saul Ewing Arnstein & Lehr LLP, where he practices in the areas of commercial real estate, land use, business transactions, agreed in 52 percent of nonunanimous ceased mother, but as part of the dedica- and related litigation. He can be reached cases. After receiving her first opinion tion includes a quote from the Justice: at Richard.Forsten@saul.com. assignment, which involved a difficult case and a divided court, she sought Wilmington Friends School O’Connor’s advice. O’Connor responded, “Just do it, and, if you can, get your draft in circulation before the next set of assignments is made.” O’Connor dissented from the opinion, but after Ginsburg read a summary of the decision from the bench, O’Connor passed her a note which read, “This is your first opinion for the Court. It is a fine one. I look forward to many more.”

Ginsburg has many interesting things to say throughout the various conversations in the book. On the issue of Roe, she expresses the belief that the opinion went farther than it should have, suggesting that if the Court had

have willed? moved less radically, and had only struck 1:1 Program for All Students! down the Texas law at issue (rather than Our 1:1 student laptop program for 4th-12th grade and iPad program for all state laws), the issue of abortion preschool-3rd grade provides greater equity for our students, supports might have played out differently over consistency in learning, and positions our community to easily transition to the years: “Texas had the most extreme law in the nation; the Court could have decided the case before it, which is how the Court usually operates. It should have said that the Texas law is Visit us at wilmingtonfriends.org or call 302.576.2930 to arrange a customized tour. Tuition assistance available. WFS Remote Learning as needed.

BISCOTTIFor Good

Cooking is an expression of love and care. Whether you bake a batch of cookies for yourself, a friend, or a new neighbor, it does good.

While I enjoy a chewy chocolate chip or a warm oatmeal raisin, I prefer the crunch of a biscotti. Even better is the biscotti after a quick dunk in a glass of wine or mug of cappuccino.

Enter my creation of cardamom pistachio biscotti. Most of us probably associate cardamom, native to India, with savory dishes like curry. Yet its hints of citrus, ginger, and mint make the spice an ideal ingredient in baked goods. Cardamom may even have antioxidant and antiinflammatory properties, among other health benefits.1

Notes: 1. Streit, Lizzie. “10 Health Benefits of Cardamom, Backed by Science,” August 8, 2018. https://www.healthline.com/nutrition/ cardamom-benefits.

Susan E. Poppiti is an adjunct faculty member in Mathematics at Immaculata University and an AP Calculus instructor at Johns Hopkins Center for Talented Youth. To further her commitment to mathematics education, she also serves as a math content expert for UPchieve, an edtech nonprofit providing free, online STEM tutoring to high school students. Susan can be reached at spoppiti@hotmail.com.

CARDAMOM PISTACHIO BISCOTTI

Ingredients:

1 tablespoon olive oil 1 cup shelled, salted pistachios ¾ cup sugar 2 cups flour 1 teaspoon ground cardamom 1 teaspoon baking powder ¼ teaspoon sea salt Zest of one lemon 6 tablespoons unsalted butter 2 jumbo eggs, lightly beaten

Preheat the oven to 350 degrees. Lightly grease a baking sheet with the oil. Roughly chop half of the pistachios. Place them in a large mixing bowl with the remainder of the whole pistachios. I leave some nuts whole because, when cut, their bright green makes for an attractive presentation.

Add the sugar, flour, cardamom, baking powder, salt, and lemon zest. Mix with a rubber spatula. Cut the butter into small cubes and add to the bowl. Blend the butter into the dry ingredients using your fingers, until the butter is broken into tiny bits. Add the eggs, and mix with the spatula until a sticky dough forms.

Green cardamom pods and seeds

Place the dough on a lightly floured work surface. It may be necessary to add a few drops of water in order to form the dough into a circular mound. Using a serrated knife, divide the dough in half. Place each half on the baking sheet and form into a long rectangular log, about 2 ½ to 3 inches wide, 9 to 10 inches long, and ½ inch thick. Form the logs as uniformly as possible by smoothing and shaping them on the top and sides. Also, leave a few inches in between the two to allow for some rising.

Bake for about 25 minutes, until the logs spring back slightly when pressed. Gently loosen with a metal spatula (the thinnest you have so as not to break the logs apart), and rest for 10 minutes. Then, transfer each log to a cooling rack and let rest for 20 minutes. In the meantime, lower the oven temperature to 300 degrees.

On a cutting board, use a sharp serrated knife (a large bread knife is ideal) to cut the logs on the diagonal into ¾ inch slices. Be sure to push straight down with the knife rather than move it back and forth like a saw. Also, at this point, we make a snack of the rounded ends.

Arrange the slices on the baking sheet, cut side up. Bake for 15 minutes on one side, then turn over and bake for another 15 minutes. Place the slices on a cooling rack. Once fully cool, store in a Ziploc bag or airtight container. We keep ours in the freezer and enjoy a few at a time.

Amount

1,500.00

Reference

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BAIRD MANDALAS BROCKSTEDT is pleased to announce that

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10 REASONS to Support the

Combined Campaign for Justice in 2020

BY DANIEL G. ATKINS, ESQUIRE

EXECUTIVE DIRECTOR COMMUNITY LEGAL AID SOCIETY, INC.

1No one should be homeless ever, but especially in a pandemic.

2No one should be hungry ever, but especially in a pandemic.

3Staying home is not safe for everyone; survivors of domestic violence are particularly vulnerable in a pandemic.

4The pandemic disproportionately impacts people of color and people who are poor.

5Before the pandemic, we were only able to serve less than 20 percent of the need for civil legal services in Delaware. 7 Federal, state, and local governments have been hit hard by the pandemic, and the CCJ agencies all rely heavily on government funding.

8Interest rates will remain close to zero until at least 2023, negatively impacting one of the major funders of the CCJ agencies, the Interest on Lawyers Trust Accounts (IOLTA) program.

9We had to cancel 2020 fundraising events.

10 Donations are 10 percent behind where we were last year at this time. We depend on private donations to enable us to serve as many people as possible.

6There is going to be surging demand for representation in eviction, domestic violence, public benefits, and unemployment compensation appeal cases. Justice Matters. Our clients need us and we need Justice Matters. Our clients need us and we need you. Please donate today at: https://delawareccj. you. Please donate today at: www.delawareccj. org/donate-to-ccj/ org/donate-to-ccj/

Schwartz & Schwartz wishes to congratulate its two newest Partners, James M. “Matt” Stiller, Jr. & Robert C. Collins, II

Matt Stiller focuses his practice on the defense of DUI and criminal matters statewide within Delaware. Matt meets with clients in the Firm’s Wilmington and Dover offices. Matt obtained his law degree from Widener University School of Law, and served as a Captain in the United States Air Force before starting his legal career.

Rob Collins focuses his practice on the prosecution of personal injury and wrongful death claims statewide within Delaware. Rob also represents physicians, nurses, and other medical providers in administrative hearings before the Delaware Division of Professional Regulation. Rob is a former Chair of the D.S.B.A. Health Law Section. Rob meets with clients in the Firm’s Wilmington and Dover offices. He obtained his law degree from Rutgers University School of Law.

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