/One of Ruth Bader Ginsburg’s favorite cases originated in Mississippi

One of Ruth Bader Ginsburg’s favorite cases originated in Mississippi

Ginsburg, who died recently after having served on the Supreme Court from 1993, where she established her legacy as an icon of progressive progress. She wrote the majority opinion (6-3) that guaranteed Melissa Brooks (M.L.B. She had the right of appeal against a decision by a chancery court that removed her parental rights to her children. Ginsburg stated in her ruling that she placed decrees permanently terminating parental rights in cases in which the court may not close the door to equal justice. Ginsburg also acknowledged that parental termination decrees were among the most severe forms of state action. Brooks’ ex-husband (S.L.J.), asked for her parental rights to be terminated in 1996. Brooks’ ex-husband (S.L.J.) asked a Benton County Chancery judge to remove her parental rights as he claimed she wasn’t spending enough time with the children following the divorce. She argued that her ex-husband was refusing her visitation. The Benton County judge ruled in her favor, taking Brooks’ parental rights from her two children. Brooks also removed her name off her children’s birth certificates, and replacing it with her ex-husband. Brooks appealed to the Mississippi Supreme Court. The state Supreme Court denied Brooks’ appeal in a one-page decision. This was because Brooks could not afford the $2,300 required to buy the transcript from the chancery court and give it to the Supreme Court. To get his opinion on the matter, Danny Lampley from north Mississippi, who represented Brooks’ case, reached out to Rob McDuff, a Jackson attorney. McDuff, who is a Jackson lawyer and has dealt with many voting-rights and social issues over his long career, decided to appeal the Mississippi Supreme Court decision to the U.S. Supreme Court. McDuff said to Mississippi Today that he knew from childhood that the Benton County case was a favorite of Ginsburg and was happy to see the New York Times obituary confirming her affection for the case. McDuff, who is now an attorney at the Mississippi Center for Justice, said that it was rare for the Supreme Court not to appeal from an unpublished order from a state Supreme Court. “But the issue was compelling because it raised two principles: equal justice for the poor and rich, and that parents should be able to continue to parent their children despite the fact that they are not entitled to a defense attorney in criminal trials. McDuff also stated that the government was not required to help impoverished citizens in civil proceedings. McDuff argued that the complete eradication of parental rights was an exceptional circumstance. In his successful argument, he stated that “two principles converged”. The courts had ruled that anyone convicted of a criminal offense, even a misdemeanor, was entitled to appeal even if they could not afford a transcript. McDuff stated that McDuff had not heard of the principle being applied in a civil case. McDuff also argued that “termination of parenthood involved fundamental rights that extra procedural safeguards were required beyond what is usual in civil cases.” At that time, three conservatives from the U.S. Supreme Court, Chief Justice William Rehnquist and Clarence Thomas, dissented. Only Thomas is still on the court. However, the conservative wing of Ginsburg now has a majority which could be strengthened by Ginsburg’s replacement. Amy Coney Barrett was nominated by President Donald Trump on Saturday to replace Ginsburg. She credits Scalia with helping her to formulate her judicial philosophy. In terms of Constitutional views, many of the conservatives who serve on the high court are also similar to Scalia. Lampley returned the case to the Mississippi Supreme Court after the 1996 Ginsburg ruling. Brooks’ rights were later restored. McDuff stated that Ginsburg was quiet during oral arguments. However, her questions were always sharp and got to the core of the case. McDuff asserts that Ginsburg’s impact was greater than that of any other Supreme Court justice. McDuff stated that three justices who joined Supreme Court over the past hundred years had outstanding careers as social justice attorneys. After many years of fighting against industrial monopolies, Louis Brandeis joined the Supreme Court in 1916 to protect the welfare of workers who were working in terrible conditions in factories during the early years mass production in 20th century. Thurgood Marshall, the first Black justice joined the Supreme Court in 1965. He was a pioneering civil rights lawyer who fought against racial discrimination for decades. After many years of leading the legal fight against sex discrimination, Justice Ginsburg joined the court in 1993. Justice Ginsburg, like the others before her, lived a long and important life. She was particularly focused on helping the victims of unfair treatment in this nation. M.L.B. might argue that she was too nimble to bring a different perspective to the court. M.L.B. v S.L.J. v S.L.J.