A guest post by Lawrence Friedman
Among the potential nominees for the U.S. Supreme Court vacancy created by Justice Ruth Bader Ginsburg’s passing was Barbara Lagoa, currently a judge on the U.S. Court of Appeals for the Eleventh Circuit. Like the eventual nominee, Seventh Circuit Judge Amy Coney Barrett, press reports labeled Lagoa a “conservative jurist,” supported by statements from progressive organizations like Alliance for Justice, which asserted that Lagoa’s decisions “raise concerns that she will side with the wealthy and powerful at the expense of everyday Americans.”
One problem with this statement is its premise—namely, that cases in which corporate interests prevail necessarily are the result of a judicial predisposition, rather than the application of controlling legal principles to the facts at hand. Though the results in some cases may reflect motivated reasoning, it remains that judges, both state and federal, in the main seek to honor their oaths to apply the law to the facts without fear or favor. There may be no better example of this commitment to the evenhanded administration of justice than Justice Ginsburg herself, as she was responsible for a series of civil procedure decisions over the past decade that effectively benefited corporate interests at the expense of individuals.
To be sure, it is unlikely you will find Ginsburg’s decisions on the principle of general jurisdiction in any compilation of her most important work as a judge. For example, a new collection curated by Corey Brett Schneider for his Penguin Liberty imprint, Decisions and Dissents of Justice Ruth Bader Ginsburg, features her majority opinions, dissents, and appellate briefs from cases involving gender equality and women’s rights, reproductive freedom, and voting and civil rights—with nary a mention of the pathmarking decisions on federal civil procedure she consistently wrote during her time on the high court.