by Nicole Flatow
When making predictions about the U.S. Supreme Court, “those who know don’t talk, and those who talk don't know,” Justice Ruth Bader Ginsburg quipped at the American Constitution Society's 2012 National Convention, quoting from a Reuters article by Joan Biskupic.
In a Friday night address at the Capital Hilton in Washington, Ginsburg mixed humor with commentary on the state of the court. She poked fun at those who followed one rumor that the court would issue its decision on the Affordable Care Act on May 24, saying those rumor-followers got their “just desserts” when they learned that the only decision announced from the bench that day was on Section 8B of the Real Estate Settlement Procedures Act.
But that didn't stop attendees at Friday night’s address from speculating about Justice Ginsburg’s discussion of the importance of dissents.
Following humorous observations on the media frenzy surrounding the health care litigation and lawyers' attempts to discuss "fleeting expletives" tactfully before the high court, Ginsburg turned to a serious discussion of dissenting opinions.
She spotlighted two recent decisions in which she issued strong dissents, and subsequent action by other branches of government righted what she considered to be egregious wrongs.