Supreme Court Justice Ruth Bader Ginsberg — widely recognized as a leftist, feminist icon — shocked her fans this week when she took American colleges and universities to task for failing to follow Constitutional guidelines regarding due process when using Title IX "kangaroo courts" to handle claims of sexual abuse against students.
Speaking to the Atlantic, Ginsberg talked at length about "due process" after being asked about the #MeToo movement, and handling allegations of workplace harassment. She ignored the movement nearly altogether before pivoting into a rant about how America's institutions of higher education are subjecting accused students to a bizarre and potentially unconstitutional process.
"There’s been criticism of some college codes of conduct for not giving the accused person a fair opportunity to be heard, and that’s one of the basic tenets of our system, as you know, everyone deserves a fair hearing," she said.
In fact, she called such criticisms "valid," and said that failing to recognize due process rights does little to preserve or promote the cause of gender equality. You can't lay claim to rights in the name of equality if you don't guarantee those same rights to others.
"It’s not one or the other. It’s both. We have a system of justice where people who are accused get due process, so it’s just applying to this field what we have applied generally," Ginsberg noted.
As Robby Soave at Reason Magazine points out, Ginsberg's commentary is shocking, and should be taken as a complete rebuke of the feminist crusade to turn campus sexual harassment investigations into conveyor belts for convictions. Ginsberg settled immediately on the Title IX courts as an example of how not to handle allegations of sexual harassment, and called out her own fans for supporting and championing these institutions.
Worse still, it seems Ginsberg agrees with Trump Education Secretary Betsey DeVos who, almost immediately upon taking office, rescinded the 2011 Obama Administration "Dear Colleague" letter that encouraged schools to form their own criminal justice bodies to handle student claims of sexual assault, and to apply lowered evidentiary standards to accusations of criminal behavior.