Ruth Bader Ginsburg Sharpened Her Writing Skills To Persuade People Who Are Hard To Convince

Justice Ruth Bader Ginsburg’s quotes in this article are based on Ginsburg's interview with Professor Bryan Garner, published in volume 13 of The Scribes Journal of Legal Writing. It’s a fascinating interview that you can read here.

Justice Ruth Bader Ginsburg won five of the six landmark cases she argued at the U.S. Supreme Court because of her fierce advocacy for gender equality, towering intellect, and an appreciation for the art of writing. 

Ginsburg died on Friday at the age of 87. Although her legacy of fighting for equality under the law is rightfully celebrated, she also left powerful communication lessons for any leader who fights for change.  

Ginsburg credited her European literature professor at Cornell, Vladimir Nabokov, for changing the way she wrote. Nabokov, who went on to write the famous novel Lolita, taught Ginsburg that “Words could paint pictures.”

Choosing the right words in the right order “could make an enormous difference in conveying an image or an idea,” Ginsburg recalled.

Ginsburg painted a brilliant picture with words in the 1973 case of Frontiero v. Richardson, the first case that she argued and won before the court:

“We urge a position forcibly stated in 1837 by Sarah Grimke, noted abolitionist and advocate of equal rights for men and women. She said, ‘I ask no favor for my sex. All I ask of our brethren is that they take their feet off our necks.” 

During the 27 years that Ginsburg served as a Supreme Court Justice, she continued to work “very hard” on persuasive writing.

In 2007, a majority of the court ruled against Lilly Ledbetter who brought a case against her employer for paying male managers 40% more than they paid Ledbetter for equal work. The court found that she didn’t have the right to sue years after the discrimination took place. 

Ginsburg disagreed along with three other Justices. She took the rare step of reading her dissent from the bench. 

Although Ginsburg’s opinion was “long and detailed,” according to legal commentator Jeffrey Toobin, she knew that for her opinion to have a real impact it would have to be understood by a general, non-legal audience.  

“For the dissent that she read from the bench, she rewrote her opinion in colloquial terms,” writes Toobin.

Ginsburg’s oral dissent was clear and to the point. 

“In our view, the court does not comprehend or is indifferent to the insidious way in which women can be victims of pay discriminations,” she began.

Ginsburg concluded with a direct call to action. “The ball again lies in Congress’ court.” 

Ginsburg’s argument didn’t win the day, but her voice was loud and clear. In January, 2009, Congress passed and President Barack Obama signed the Lilly Ledbetter Fair Pay Restoration Act. 

Ginsburg didn’t just hold strong opinions on gender equality, she had strong views on writing. She believed that all lawyers had an obligation to learn to write and communicate as clearly as possible.

Although Ginsburg offered tips to lawyers, her advice applies to professionals in any field who want to be more persuasive.

1). Get to the point.

“Good, concise writing counts,” Ginsburg said.

Ginsburg used the opening paragraphs of her written opinions as a “kind of press release” that got straight to the point.

“I go through innumerable drafts,” Ginsburg once said about the writing process.

“I try hard to write an opinion so that no one has to read a sentence twice to get what it means. I generally open an opinion with a kind of a press release account of what is this case about, what is the legal issue involved, how did the court decide it and the main reason why. So if you don’t want to go further, it’s there in a nutshell.”

2). Keep it short.

“A lawyer’s skill is not to dump the kitchen sink before the judge but to refine the arguments to the ones that a judge can accept,” Ginsburg said.

“My eye is on the reader…I try to be as clear and concise as I can be. If my opinion runs more than 20 pages, I’m disturbed that I can’t do it shorter.”

Ginsburg once said that the court allows 50 pages for an opening brief, but it’s not necessary to fill all the space allotted. “Lawyers can’t seem to give up the extra space,” she said. Not only did it lead to eye fatigue, Ginsburg added, it also annoys the reader.

3). Say it in Plain English

“I can’t bear legalese,” Ginsburg once said, referring to the arcane jargon of the legal profession. “If you can say it in plain English, you should.”

Ginsburg said that simple words and plain English would result in shorter documents and help the general public better understand what lawyers and judges actually do. “Write clear enough for a lay audience,” she advised.

Ginsburg was once asked if lawyers have a professional obligation to sharpen their writing skills.

“Yes, I think so,” Ginsburg responded.

“A lawyer is a skilled professional who has an obligation to serve the public. The more effective a lawyer can be in speech and writing. the better professional he or she will be.”