Justice Ruth Bader Ginsburg was a trailblazer in life — and also in death.
The associate justice who died on 18th September will lie in repose at the Supreme Court on Wednesday and Thursday, as have several of her departed colleagues – Justices John Paul Stevens, Antonin Scalia and Chief Justice William H. Rehnquist.
But on Friday, she will also lie in state in the US Capitol’s Statuary Hall, the first woman to do so. And, notably, the first Jew.
Ginsburg died at the age of 87 of complications from pancreatic cancer, just as Jews were celebrating the new year.
House Speaker Nancy Pelosi announced the tribute for Ginsburg on Monday. A formal ceremony will be held there by invitation only because of concerns about the coronavirus.
The tradition of lying in state in the US Capitol has mostly been reserved for presidents, members of Congress and military leaders. Most recently the body of John Lewis, the late Georgia congressman and civil rights icon, lay in state. Others have included Elijah Cummings, the congressman from Maryland; Senator John McCain of Arizona; and former President George HW Bush.
Notable Americans who did not serve in government lie “in honour” rather than “in state.” They have included Rev Billy Graham and Rosa Parks.
Only one other Supreme Court justice has been honored by lying in state in the US Capitol – William Howard Taft, who was also president from 1909 to 1913, before being appointed to the Supreme Court.
But Ginsburg, who developed a cultlike following during her 27 years on the court, especially among women, is being appreciated as a legal trailblazer who paved the way for women’s equality. Acquiring the moniker “Notorious RBG” as she got older, the five-foot-one justice who decorated her robes with lace collars was viewed not only as a model feminist, successfully knocking down legal obstacles for women, but as a champion of equality for all Americans.
For Jews, however, the tradition of lying in repose, or lying in state, is a difficult one. Jewish law requires that burial take place as soon as possible after a death, typically within 24 hours. The idea is that it is discourteous to leave the dead unburied.
There are exceptions to the 24-hour rule. Jews may not be buried on Shabbat, the Jewish sabbath, or on the first days of major holidays.
Read the article by Yonat Shimron in Sight Magazine.