What else did RBG do? Well, the list is endless but let’s just move onto the second fact on my list (and by that, I mean the list produced by Al Jazeera).
Fact #2- “She asked tough questions and wrote tough dissents.” I know I said that her work on behalf of women was the most important bit, but this fact really, really gets me.
I’ve talked before about the need to have tough conversations. Well, tough conversations include tough questions. What does it mean to ask a tough question? Well, it means you are shaking things up a bit. Or a lot. You are willing to make people uncomfortable for the sake of unearthing the truth of a thing. Reality. You know, all the stuff we can’t stand these days. Anyway…
I had a painting professor in college who used to say that he loved when his work was challenged. He loved even more when someone questioned the philosophy on which most of his work was based. He first offered this fact to my class when a fellow student had a particularly negative reaction to a critique session. He asked the entirety of the class if we could guess why he felt this way and chuckled as he proffered that the answer was not because he is a masochist. We were clueless. As sensitive, artsy 20-somethings, we couldn’t fathom enjoyment entering into the in front of the class critique scenario.
Professor Brown paused and then explained that the opportunity to speak to his work, particularly in the face of dislike, distain, and/or challenge, strengthened his own resolve. Criticism from others, he explained, was an invitation to take a closer look. To revisit. To rethink. He encouraged us to set our egos aside and consider the unmatched benefit of such an experience.
To ask a tough question is to give someone the opportunity to speak their beliefs from a position of strength. To reinforce their thoughts, feelings, and notions. To ask a tough question is to invite someone to ask themselves tough questions. To reserve the right to change their mind, to reconsider.
What is apparent to me is that in our society and specifically in our political system, so many of us have subscribed to a party line or stance, irrespective of the sense of it, the validity of it. I believe in such and such because I am told to. I don’t understand it. It may not even make good sense to me. So, I don’t invite deeper discussion. I decide not to ask tough questions. I align. I concur. I pledge undying loyalty. ‘Why’ questions are answered with ‘because’ and that is that. But what if a question comes along that is more complex than why? What if a question is nuanced and thoughtful? What if a question is intelligent and does not undermine the notion of the thing I’m defending but simply one part of it? Do I still tow the line or does my resolve waiver?
Tough questions strengthen our commitment or enable us to see the misstep behind such. Tough questions help tough conversations continue.
And dissent? Do you know what dissent is? Do you understand the power behind dissent? I won’t delve into the legal jargon because I can barely stand it before my eyes glaze over. I’m going to just give you my very personal definition and novice understanding. Dissent in the court environment is a documentation of a difference of opinion. In the case of RBG, she was memorializing her lack of agreement with the decision that was ultimately made and the rationale behind such. Often her dissent followed the asking of all the tough questions. All. Of. Them.
Dissent is not disrespect. It does not pervasively undermine the decision that was rendered. It offers a different perspective. It considers an alternative. It gives food for thought.
Some of the most fascinating dissents written by RBG were not even those where she disagreed with the ultimate decision, but with the analysis that supported such a decision. She made it known that the thought process was as important as the conclusion. Justice Ginsberg recognized that the analysis was the discussion. The meat. The pivotal part. It’s where the rubber meets the road.
How can one possibly cling steadfast to an idea, a concept, a thought-process, a notion, without any support at all? Well they can. It happens. All the damn time. I know you’ve seen it today. It is terrifyingly present all around us. Dissent does not necessarily sway those folks. It does not change them. You know what it does? It shifts the air around them. It transports awareness to those on the fence. It makes them pause. One hopes it does that.
How? Well, the exploration into “the other side” highlights the flaws and holes. It leaves room. It opens a door.
That’s where Justice Ginsberg shined like the most beautiful, sparkly star. With her questions, her challenges, she created space. Space for others to question. Space for others to move away. Space to others to consider a different perspective, a different way. Sometimes she created space for others to find a way to double-back and double-down. Secure support and evidence. And that’s okay too. That’s better than okay. It’s our justice system at it’s finest, because it unearths what we should all want to get to. The truth of it all.
That journey to the truth takes so much courage. Justice Ginsberg had so much bravery contained in such a small form. She was a formidable force. She knew that dissent isn’t about having the last word. It isn’t about being a sore loser. It isn’t failing to accept the conclusion of a thing. The act of dissenting is ultimate pluck. It is accepting the end but acknowledging that there is still something that can be taught and contemplated. Most dissents include the word ‘respectfully’ for that reason. The author is respectfully offering a different point of view in the face of defeat. It is a respectful, whispered shout of resignation.
We should allow ourselves to be inspired by that kind of courage. A unique act of daring. The nerve it takes to persevere. Not to disregard others’ point of view but to supplement with a ‘what if…?’
Think on it. See ya tomorrow.
L.
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