Notorious Podcast

Ruth Bader Ginsburg was a major force in American jurisprudence. Her decisions and dissents offer a thoughtful and rigorous legal analysis, and demonstrate her ongoing commitment to gender equality and equal justice for all. To honor her life and storied work, Patterson Belknap is proud to present “Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg,” a podcast exploring the late Justice’s cases, decisions, and dissents, and her impact on the rule of law in the United States.

Hosted by Patterson Belknap Partner Michelle M. Bufano, and sponsored by Women Lawyers at Patterson, each episode of “Notorious” will include an in-depth discussion of one of Justice Ginsburg’s decisions or dissents, as well as the relevant historical context, and will feature Patterson Belknap lawyers with invited guests.

Episode 3: Underneath the Corporate Veil: A Discussion of Burwell v. Hobby Lobby Stores, Inc.

by Michelle M. Bufano, Joshua Kipnees and Jacqueline L. Bonneau on December 11, 2020

Featuring guest speaker, Lindsey Kaley of the American Civil Liberties Union.

In Episode 3 of Notorious, we address the case of Burwell v. Hobby Lobby Stores, Inc. Decided in 2014, Hobby Lobby addressed the contraceptive requirement in a regulation adopted in conjunction with the Affordable Care Act. Hobby Lobby, and other closely held corporations, argued that the requirement was unconstitutional because it violated the Religious Freedom Restoration Act.

A 5-4 majority of the United States Supreme Court, in an opinion authored by Justice Alito, struck down the contraceptive requirement. The Court found that closely held for profit corporations are exempt from a regulation that its owners objected to based on the ground of religious freedom. In so holding, the Court determined that there was a less restrictive means of furthering the government’s interest in providing universal contraception.

Episode 2: With Equality, A Glorious Asset: A Discussion of United States v. Virginia

by Michelle M. Bufano, Gabriela Bersuder and Justin Zaremby on December 9, 2020

Featuring guest speaker, Galen Sherwin of the American Civil Liberties Union.

In the second episode of Notorious, we discuss the 1996 case of United States v. Virginia, also known as the VMI case. This case, like Reed v. Reed from Episode 1, addressed the issue of gender equality under the Equal Protection Clause of the Fourteenth Amendment. The majority opinion, written by Justice Ginsburg, reviewed the policy under a heightened scrutiny judicial standard and struck down the all-male admissions policy at the Virginia Military Institute (“VMI”).

Episode 1: In the Beginning . . . A Discussion of Reed v. Reed

by Michelle M. Bufano, Alejandro H. Cruz and Julia R. Livingston on December 7, 2020

Featuring guest speaker, Corey Brettschneider, a professor at Brown University and editor of Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection.

In this inaugural episode of Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg, we discuss the 1971 case of Reed v. Reed. The case addressed an Idaho statute, which favored males over females as administrators of estates. Petitioner Sally Reed sought to be named administrator of her deceased son’s estate in lieu of her estranged husband. The brief on behalf of Sally Reed was co-authored by then Rutgers Law School Professor, Ruth Bader Ginsburg and the American Civil Liberties Union, among others.

Michelle M. Bufano, Partner