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Struck By Stereotype: Ruth Bader Ginsburg on Pregnancy Discrimination as Sex Discrimination, 59 DUKE L.J. 771 (with Neil Siegel) (2010)


This is an attempt at recovery. This Essay hopes to call attention to then-Professor Ruth Bader Ginsburg’s 1972 merits brief in Struck v. Secretary of Defense. The brief has been underappreciated in part because the Supreme Court of the United States eventually declined to decide the case. But anyone seeking to understand the origins and nature of Justice Ginsburg’s views on sex discrimination would be well advised to read this brief. So would anyone interested in reimagining the bounds of constitutional possibility in the realm of gender equality.

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