![]() Occasional fog is inevitable in this domain. ![]() I do not want to leave you with the impression that the judiciary has proceeded automatonlike - securely on course without missteps, detours, inconsistencies and the like. ![]() At odds with its " conservative" reputation, the Burger Court's performance was comparatively unrestrained, one might even say modestly revolutionary, in this area. That base line tied tightly into the prevailing "separate spheres" mentality, or breadwinner-homemaker dichotomy: It was man's lot, because of his nature, to be breadwinner, head of the household, representative of the family outside the home and it was woman's lot, because of her nature, not only to bear but also to raise children, and keep the home in order.Īgainst this background, the Supreme Court's position on gender-based classification in the 1970's stands out in bold relief. The Warren Court of the 1960's thus held the base line set by the Supreme Court in the 1870's, at the turn of the century, and in the 1940's. THE JUSTICES In Her Own Words: Ruth Bader Ginsburg ![]()
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