https://slate.com/news-and-politics/2019/01/why-rbg-did-not-retire-obama-presidency.html
Well, that’s what she said. One of the things she says in response to that is like, Weird. Nobody was demanding that John Paul Stevens retire. Nobody was demanding that Stephen Breyer retire. So I think she does see this valence of sexism around it. There was this laser focus on why she wasn’t stepping down, and I think that offends her. For what it’s worth anecdotally, a lot of people have said that she watched Sandra Day O’Connor get forced off the court. That’s itself an amazing feminist story that doesn’t get told, right? Where Chief Justice Rehnquist is incredibly sick. And O’Connor’s husband is incredibly sick. So much so that she said, I’m going to have to next year, she said to the chief justice, I’m going to step down so that I can care for my husband.
So, stop and sit with the fact that male justices don’t retire to care for their ailing spouses. And then this is the kind of the weird feminist bit: Chief Justice William Rehnquist says to her, Actually, no, I’m going to retire next year, so you should go now. And he says to her, Because you can’t have two in the same summer. There’s just a core tradition that two confirmation hearings is too much of a jolt to the public system. So he says to her essentially: Don’t do it next year; I’m going to do it next year; you do it now. She, by the way, I should just add, is at the height of her powers. At this moment, she’s the most important woman in the country. She’s the 5–4 vote. The swing vote. She was Kennedy before Kennedy was Kennedy. So he says step down now.
She steps down. And he dies shortly after. So not only do we end up having two confirmation hearings—boom-boom in a row, we have John Roberts and Alito—but then she ends up having stepped down before she was ready. And the really tragic coda, if you’re counting sort of feminist indignities here, is that within a very, very short time, her husband is institutionalized. He doesn’t recognize her anymore.
I think Ginsburg has said she was forced off before she was ready. And she could have been on the court for five more years or seven more years or whatever. And we don’t know what the world would have looked like. And I think that story is playing in the back of Ginsburg’s head when she’s like, No man is going to tell me it’s my time, because I saw that happen to a person who really, I think, in many ways was her sister at the Supreme Court.