On the Basis of Sex (2018)

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Subtitles by explosiveskull

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Anyone here?

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My name is Erwin Griswold.

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I am the dean of this place.

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Welcome to Harvard Law School.

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Take a moment
to look around you.

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In this room,

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there are Rhodes
and Fulbright Scholars,

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Phi Beta Kappa members,

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student body presidents,

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and a Harvard
football team captain.

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Together...

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you will become lawyers.

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This is a privilege you share.

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It is also a responsibility
you accept.

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Consider...

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what does it mean
to be a Harvard man?

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A Harvard man is
intelligent, of course,

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but he is also tenacious.

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He is a leader devoted
to the rule of law.

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He is mindful of his country,
loyal to tradition,

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and he is respectful
and protective

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of our institutions.

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"The net operating loss deductions

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"by the year shall be computed
as of Subsection A

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of this section,
applied to such tax review..."

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Which one makes me look
more like a Harvard man?

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I'm thrilled to report

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that you look nothing
like a Harvard man.

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Seriously?
It's the dean's dinner, Marty.

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You know how I am
at these things.

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I-I need to make
a good impression.

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And you will, Kiki,
but you've got it wrong.

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It's not the dress. It's you.

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You haven't touched
your tuna casserole.

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Come here, sweetie. Come.

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There we go.

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I put onions in.
They help, right?

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Definitely.

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I don't like either of these.

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Okay, where were we?

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Thank you.

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Ladies and gentlemen,
please join us

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in the dining room
as dinner is served.

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And, professors,
please escort the ladies in.

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After you. Please.

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May I?

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He remembers everything.

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He said, "Professor,

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have you corrected our papers?"

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And I said, "Correcting them
will take a lifetime.

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I'm merely grading them."

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Oh, wait a minute.

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Esteemed colleagues, ladies.

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This is only the sixth year
women have had the privilege

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to earn a Harvard law degree.

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This little soiree
is our way of saying welcome.

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My wife Harriet and I

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are very glad
all nine of you have joined us.

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Let us go around the table,

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and each of you ladies report
who you are, where you're from,

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and why you're occupying
a place at Harvard

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that could have gone to a man.

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Yeah.

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Well...

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why don't you
get us started, dear?

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I'm Hennie Callaghan.

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Father's a lawyer
back in Minneapolis.

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He used to give me
drafts of contracts

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to use for drawing paper.

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But at some point,

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I got more interested
in reading them

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than drawing on them.

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In a few years, it's gonna be
Callaghan and Callaghan.

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That was fine.

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Next.

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Emily Hicks.

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Hello. Connecticut.

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When I finished Mount Holyoke,

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my mother wanted me
to get married.

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But I didn't want to do that,

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and I didn't want
to be a teacher

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- or a nurse, so when I...
- Ah.

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That's not a very good reason.

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Next.

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- Oh.
- Watch it.

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Sorry.

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Uh, I'm...

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Ruth Ginsburg from Brooklyn.

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And why are you here,
Miss Ginsburg?

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Uh, M-Mrs. Ginsburg, actually.

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My husband Marty is
in the second-year class.

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I'm at Harvard
to learn more about his work,

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so I can be a more patient
and understanding wife.

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Come to dinner.
The beans will be boiled,

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the chicken will be stewed,
and you will be grilled.

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We came to Harvard
to be lawyers. Why else?

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It's truly an asinine question.

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He's never gonna take me
seriously.

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No, that's not true.

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You're the smartest
person here,

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and you're gonna be
the most prepared.

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So just stand up
and say what you know.

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At a place like this,
that's all that matters.

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In my experience,
even small mistakes

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are glaring when you stick out.

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Well, then you're very lucky.

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Because you...

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are very... short.

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Oh, yeah?

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Yeah.

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Well...

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why don't you come down here

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and say that to my face.

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Mrs. Ginsburg.

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I am Professor Brown.

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This is
Introduction to Contracts.

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<i>Hawkins versus McGee.</i>

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State the case, please...

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Mr. Pruitt.

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Uh, good morning.
I'm Donald Pruitt.

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I'm really honored
to be here...

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<i>Hawkins v. McGee.</i>

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Uh, yeah, <i>Hawkins versus McGee,</i>
it-it's a fascinating,

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uh, breach of contract case
where, um...

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oh, uh, Charles Hawkins hurt
his hand, and McGee had...

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Can someone help him, please?

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Mr. Fitzpatrick.

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It was Charles's son
who hurt his hand.

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- Electrocution burn.
- And at what point

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does the case turn,
Mr. Fitzpatrick?

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McGee promised to fix the hand
by performing a skin graft,

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but McGee wasn't very familiar
with the procedure,

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and the results
weren't quite what he planned.

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Question already, Mrs....

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- Ginsburg.
- Correction, Professor Brown.

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McGee did not simply promise
to fix George Hawkins' hand.

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He promised, quote,
"a 100% good hand."

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- That's the same thing.
- Is it?

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What say you, Mrs. Ginsburg?

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It is not.

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Words matter.

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McGee grafted skin
from Hawkins' chest.

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Not only did this fail
to fix the scarring,

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he had chest hair growing
on his palm.

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Proving that a hand with a burn
is worth two with a bush.

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The court denied
Hawkins' damages.

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Hawkins did get damages...
the court said

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- he could have...
- If I may finish.

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Hawkins was denied damages
for pain and suffering.

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The New Hampshire Supreme Court

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ruled he was entitled
to damages

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only based on the contract
being fulfilled.

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So if Dr. McGee had set
realistic expectations

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instead of making
grand promises,

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Hawkins' award likely
would have been less.

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Was that an answer,
Mrs. Ginsburg, or a filibuster?

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Mm.

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Mm.

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- Movie.
- Movie.

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- Four words.
- Four words.

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- Second word.
- Second word.

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- Seven?
- Seven.

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- Uh-oh.
- Fourth word. - Fourth word.

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- - Oh! Monkey!
- Oh! Gorilla! Monkey business.

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- Uh, ape!
- Monkey. Monkey.

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Ape. Uh...

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- Ooh.
- Monkey on my back.

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Second word, seven. Seven...

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Seven... <i>Seven Brides</i>
<i>for Seven Brothers?</i>

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What does that have to do
with monkeys?

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- And... - Seven...
- Oh, oh, <i>The Seven Year Itch!</i>

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- Time!
- Yes!

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Ruthless Ruthy strikes again.

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Okay, next round's
riding on you.

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- Don't worry, he's very good.
- All right.

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Thank God, because she actually

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broke up with someone
for being bad at charades.

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- You didn't, really?
- Well, it was a manifestation

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of his being an idiot.

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- See?
- Don't worry, I'm comfortable

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- being smarter than you.
- Oh, thank you.

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- All right, everybody ready?
- Oh.

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- Uh, song. - A song.
- Um...

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- Uh, Buddy Holly? Uh...
- Uh, Bill Haley?

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By Elvis.

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Uh, three words.

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- First word.
- Uh, first word.

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Uh...

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- Uh, table. Um...
- A glass?

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- Um...
- A book!

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- Um, uh...
- Reading!

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Uh, blue!

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00:13:45,177 --> 00:13:47,211
- Ah! "Blueberry Hill"?
- No, that's Fats Domino.

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00:13:47,213 --> 00:13:49,213
Uh, third word,
third word. Floor.

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- Carpet.
- Dancing?

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00:13:50,883 --> 00:13:53,884
- Nice moves.
- Oh. Ow. Ow. Hold on.

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00:13:53,886 --> 00:13:56,687
- Oh, no sound effects.
- Oh. Oh, "Bl-Blue Suede Shoes."

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- Come on, Marty, you're a lightweight.
- Marty?

200
00:14:00,026 --> 00:14:02,526
Marty.

201
00:14:02,528 --> 00:14:06,097
- Help! Help! - Is he all right?
- Someone get some help!

202
00:14:13,707 --> 00:14:16,209
The doctor's ready
to see you now.

203
00:14:46,074 --> 00:14:47,907
Excuse me.

204
00:14:47,909 --> 00:14:49,744
Just a moment, please.

205
00:14:52,181 --> 00:14:54,014
- Excuse me, I just need...
- Just a moment.

206
00:14:54,016 --> 00:14:55,851
I need to make a call.

207
00:14:57,252 --> 00:15:00,020
Yes. Uh, can we have
the results today?

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00:15:00,022 --> 00:15:01,888
E-Excuse me.

209
00:15:01,890 --> 00:15:04,291
Doctor, um,
you examined my husband.

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00:15:04,293 --> 00:15:07,160
I'm wondering when you think
he'll be able to leave.

211
00:15:07,162 --> 00:15:08,729
I need to call the sitter. I...

212
00:15:08,731 --> 00:15:10,331
What's the patient's name?

213
00:15:10,333 --> 00:15:12,966
- Martin Ginsburg.
- Right.

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00:15:12,968 --> 00:15:14,168
Ginsburg.

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00:15:15,771 --> 00:15:17,904
Yeah, he's not
going home today.

216
00:15:17,906 --> 00:15:20,509
- Excuse me?
- We have more tests to run.

217
00:15:21,244 --> 00:15:23,177
Wha... What kind of tests?

218
00:15:23,179 --> 00:15:25,880
- Various kinds. He's gonna be with us a while.
- What tests?

219
00:15:25,882 --> 00:15:29,250
- I need to see him.
- Just go home, get some rest.

220
00:15:29,252 --> 00:15:31,052
We'll know more in a few days.

221
00:15:31,054 --> 00:15:33,189
Now, if you'll excuse me.

222
00:15:36,760 --> 00:15:39,196
<i>How is he?</i>

223
00:15:40,131 --> 00:15:41,765
Fine.

224
00:15:50,274 --> 00:15:53,010
Call anytime, okay?

225
00:15:56,680 --> 00:15:59,815
Bye.

226
00:16:49,936 --> 00:16:52,937
- Hi.
- Hi.

227
00:16:57,377 --> 00:17:00,613
At least you got a break
from my cooking.

228
00:17:04,885 --> 00:17:06,351
Afternoon.

229
00:17:06,353 --> 00:17:08,755
- Hey, Doc.
- Dr. Leadbetter.

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00:17:11,925 --> 00:17:13,894
It's as we feared.

231
00:17:15,130 --> 00:17:18,898
Marty, you're young,
and we caught it early.

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00:17:18,900 --> 00:17:21,434
We've pioneered
a new treatment here.

233
00:17:21,436 --> 00:17:23,736
It entails numerous surgeries,

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00:17:23,738 --> 00:17:26,038
each followed
by a course of radiation.

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00:17:26,040 --> 00:17:29,476
There's a chance you can go on
to a healthy, happy life,

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as if none of this
had happened.

237
00:17:31,346 --> 00:17:34,247
Wha... What kind of a chance?

238
00:17:34,249 --> 00:17:38,320
Dr. Leadbetter, we'd rather
know what we're facing.

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00:17:39,787 --> 00:17:42,122
The survival rate
for testicular cancer

240
00:17:42,124 --> 00:17:44,024
has been about five percent.

241
00:17:46,195 --> 00:17:48,962
Thanks for the honesty.

242
00:17:48,964 --> 00:17:50,464
I think.

243
00:17:50,466 --> 00:17:52,034
I'll let you two talk.

244
00:18:31,509 --> 00:18:35,244
We're never giving up.

245
00:18:35,246 --> 00:18:38,514
You keep working.

246
00:18:38,516 --> 00:18:40,849
Keep studying.

247
00:18:40,851 --> 00:18:43,054
Jane will have her father.

248
00:18:44,322 --> 00:18:47,758
You will be a lawyer.

249
00:18:48,926 --> 00:18:52,329
I am spending my life with you,
Martin Ginsburg.

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00:19:13,919 --> 00:19:16,420
<i>Judicial consistency.</i>

251
00:19:16,422 --> 00:19:21,459
<i>The doctrine of stare decisis
comes from English common law,</i>

252
00:19:21,461 --> 00:19:23,127
<i>which also provides</i>

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00:19:23,129 --> 00:19:24,495
the first examples

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00:19:24,497 --> 00:19:26,964
of circumstances
where precedents

255
00:19:26,966 --> 00:19:30,034
- may be overturned.
- Excuse me.

256
00:19:30,036 --> 00:19:32,537
- Judges are bound...
- Thank you.

257
00:19:32,539 --> 00:19:35,840
Excuse me.
May I help you?

258
00:19:35,842 --> 00:19:38,976
Um, I'm, uh,
Martin Ginsburg's wife.

259
00:19:38,978 --> 00:19:42,114
I'll be a...
attending his classes for him.

260
00:19:42,116 --> 00:19:44,549
In addition to your own?

261
00:19:44,551 --> 00:19:46,285
Yes...

262
00:19:46,287 --> 00:19:48,253
Professor Freund.

263
00:19:54,028 --> 00:19:57,463
Judges are bound by precedence,

264
00:19:57,465 --> 00:20:01,167
but they cannot ignore
cultural change.

265
00:20:01,169 --> 00:20:04,936
A court ought not be affected
by the weather of the day,

266
00:20:04,938 --> 00:20:08,076
but will be
by the climate of the era.

267
00:20:10,345 --> 00:20:12,345
<i>Wait, wait, wait.</i>

268
00:20:12,347 --> 00:20:14,347
<i>Say that last part again.</i>

269
00:20:14,349 --> 00:20:18,552
"A court ought not be affected
by the weather of the day,

270
00:20:18,554 --> 00:20:21,890
but will be
by the climate of the era."

271
00:20:24,627 --> 00:20:27,096
And you're sure he said that?

272
00:20:29,632 --> 00:20:31,200
Of course.

273
00:20:32,268 --> 00:20:33,903
Of course.

274
00:20:37,506 --> 00:20:40,042
The law is never finished.

275
00:20:41,310 --> 00:20:45,580
It is a work in progress...

276
00:20:45,582 --> 00:20:47,981
and ever will be.

277
00:20:47,983 --> 00:20:51,386
<i>Brown v. the Board
of Education...</i>

278
00:20:51,388 --> 00:20:54,122
parentheses, 1954,

279
00:20:54,124 --> 00:20:57,258
was the most revolutionary...

280
00:20:57,260 --> 00:20:59,994
Supreme Court case...

281
00:20:59,996 --> 00:21:01,630
in the last century.

282
00:21:05,268 --> 00:21:07,969
Representing Oliver Brown,

283
00:21:07,971 --> 00:21:10,238
et al....

284
00:21:10,240 --> 00:21:12,140
Thurgood Marshall...

285
00:21:12,142 --> 00:21:14,943
- I'm not listening.
- ...educated the court...

286
00:21:28,159 --> 00:21:29,493
Come on, Jane.

287
00:21:29,495 --> 00:21:32,063
That's it.
Come on, sweetie.

288
00:21:47,246 --> 00:21:48,647
Okay.

289
00:23:05,160 --> 00:23:07,093
<i>One, two, three,</i>

290
00:23:07,095 --> 00:23:08,529
whoo!

291
00:23:08,531 --> 00:23:10,531
One, two, three,

292
00:23:10,533 --> 00:23:12,065
whoo!

293
00:23:12,067 --> 00:23:14,134
Should we give Daddy a rest?

294
00:23:14,136 --> 00:23:17,204
One day, this little angel's
gonna slam the door in our face

295
00:23:17,206 --> 00:23:20,109
and tell us we're ruining her life.

296
00:23:21,277 --> 00:23:23,712
I should have never
taken the job.

297
00:23:23,714 --> 00:23:25,446
It's a great firm,

298
00:23:25,448 --> 00:23:29,518
and New York is the center
of the legal universe.

299
00:23:29,520 --> 00:23:31,087
You earned it.

300
00:23:31,822 --> 00:23:33,287
You earned it.

301
00:23:33,289 --> 00:23:35,824
I barely survived it.

302
00:23:35,826 --> 00:23:39,094
I just don't want to be away
from you and Jane.

303
00:23:39,096 --> 00:23:41,162
You won't be.

304
00:23:41,164 --> 00:23:43,164
I won't allow it.

305
00:23:43,166 --> 00:23:46,069
I'll convince him.

306
00:23:47,504 --> 00:23:48,838
Say, "Good luck, Mommy."

307
00:23:48,840 --> 00:23:50,840
- Good luck, Mommy.
- See you later.

308
00:23:50,842 --> 00:23:53,308
<i>You want a Harvard law degree,</i>

309
00:23:53,310 --> 00:23:56,781
<i>though you plan to finish
your coursework at Columbia?</i>

310
00:23:57,849 --> 00:24:00,349
You would do well,
Mrs. Ginsburg,

311
00:24:00,351 --> 00:24:03,386
to remember how fortunate
you are to be here.

312
00:24:03,388 --> 00:24:06,890
Dean Griswold, between
the first and third year

313
00:24:06,892 --> 00:24:09,625
of law school,
which is the more substantive,

314
00:24:09,627 --> 00:24:11,360
the more critical?

315
00:24:11,362 --> 00:24:13,462
- The first, of course.
- Yet when someone

316
00:24:13,464 --> 00:24:15,331
transfers in
as a second-year student,

317
00:24:15,333 --> 00:24:17,601
having taken those more
important classes elsewhere,

318
00:24:17,603 --> 00:24:19,302
he's allowed a degree.

319
00:24:19,304 --> 00:24:21,505
- That's irrelevant.
- I've been here two years.

320
00:24:21,507 --> 00:24:23,340
I'm first in my class.

321
00:24:23,342 --> 00:24:26,910
There is no reason your husband
cannot provide for you

322
00:24:26,912 --> 00:24:29,813
while you and the child
remain in Cambridge.

323
00:24:29,815 --> 00:24:31,883
Last year,
John Sumner was allowed

324
00:24:31,885 --> 00:24:34,151
to finish his coursework
at Baltimore.

325
00:24:34,153 --> 00:24:36,888
- Three years ago, Roy Paxton...
- Very different cases.

326
00:24:36,890 --> 00:24:38,890
- How are they different?
- Mrs. Ginsburg,

327
00:24:38,892 --> 00:24:42,529
you have no compelling need
to transfer.

328
00:24:45,230 --> 00:24:47,567
Marty could relapse.

329
00:24:48,802 --> 00:24:50,535
He beat the odds,

330
00:24:50,537 --> 00:24:54,507
but the doctors say
it could happen at any time.

331
00:24:57,778 --> 00:25:00,645
Dean Griswold...

332
00:25:00,647 --> 00:25:03,516
this is my family.

333
00:25:05,453 --> 00:25:07,318
Nonetheless...

334
00:25:07,320 --> 00:25:10,389
we each have
our responsibilities,

335
00:25:10,391 --> 00:25:12,858
and mine is to protect
the distinction

336
00:25:12,860 --> 00:25:15,294
of a Harvard law degree.

337
00:25:15,296 --> 00:25:17,865
I can't force you to stay.

338
00:25:19,333 --> 00:25:22,570
But I won't reward you
for leaving, either.

339
00:26:36,313 --> 00:26:38,313
Jesus, Mary and Joseph.

340
00:26:38,315 --> 00:26:40,049
Graduating top of your class.

341
00:26:40,051 --> 00:26:41,851
Law Review at Harvard...

342
00:26:41,853 --> 00:26:43,351
and Columbia.

343
00:26:43,353 --> 00:26:45,354
I didn't even know
that was possible.

344
00:26:45,356 --> 00:26:46,956
Thank you, Mr. Greene.

345
00:26:46,958 --> 00:26:48,491
I've worked hard.

346
00:26:48,493 --> 00:26:50,493
Well, you want
some white-shoe firm.

347
00:26:50,495 --> 00:26:52,862
Big money cases,
complex legal maneuvers...

348
00:26:52,864 --> 00:26:56,466
No, I think Bibler and Greene
is the perfect fit.

349
00:26:56,468 --> 00:26:59,635
- You handled the Mercer bankruptcy last year.
- Come on.

350
00:26:59,637 --> 00:27:01,504
How many have you been to?

351
00:27:01,506 --> 00:27:03,874
They all turned you down,
right? How many?

352
00:27:03,876 --> 00:27:06,311
Maybe ten?

353
00:27:07,780 --> 00:27:09,513
Twelve.

354
00:27:09,515 --> 00:27:12,049
A woman, a mother,
and a Jew to boot.

355
00:27:12,051 --> 00:27:15,419
I'm surprised that many
let you through the door.

356
00:27:15,421 --> 00:27:18,022
One sent me to interview
for the secretarial pool.

357
00:27:18,024 --> 00:27:20,324
Another told me I'd be

358
00:27:20,326 --> 00:27:22,526
too busy at bake sales
to be effective.

359
00:27:22,528 --> 00:27:25,529
One partner closes his clients
in the locker room at his club,

360
00:27:25,531 --> 00:27:28,398
so he said
I'd be out of the loop.

361
00:27:28,400 --> 00:27:31,402
Last week, I was told women are
too emotional to be lawyers.

362
00:27:31,404 --> 00:27:33,538
Then that same afternoon,
that a... a woman graduating

363
00:27:33,540 --> 00:27:35,940
top of her class
must be a real ballbuster

364
00:27:35,942 --> 00:27:37,609
and wouldn't make
a good colleague.

365
00:27:37,611 --> 00:27:40,079
I was asked when
I'd have my next baby.

366
00:27:40,081 --> 00:27:42,016
And whether I keep Shabbat.

367
00:27:43,383 --> 00:27:45,416
One interviewer told me
I had a sterling résumé,

368
00:27:45,418 --> 00:27:46,819
but they hired a woman
last year,

369
00:27:46,821 --> 00:27:49,655
and what in the world
would they want with two of us?

370
00:27:49,657 --> 00:27:50,725
You must be livid.

371
00:27:52,359 --> 00:27:55,728
Well, my mother told me
not to give way to emotions.

372
00:27:55,730 --> 00:27:57,429
Bullshit.

373
00:27:57,431 --> 00:28:00,499
You're angry. Good.
Use it.

374
00:28:00,501 --> 00:28:03,035
I have to say, Mrs. Ginsburg,

375
00:28:03,037 --> 00:28:04,971
I'm very impressed.

376
00:28:04,973 --> 00:28:06,438
Mr. Greene...

377
00:28:06,440 --> 00:28:08,507
I want to be a lawyer.

378
00:28:08,509 --> 00:28:10,911
I want to represent clients
before the court

379
00:28:10,913 --> 00:28:12,444
in pursuit of justice.

380
00:28:12,446 --> 00:28:15,782
You can see I-I worked hard
through school, I...

381
00:28:15,784 --> 00:28:18,585
I did everything I was
supposed to, and I excelled.

382
00:28:18,587 --> 00:28:21,390
I swear it,
I'll do the same for you.

383
00:28:31,500 --> 00:28:34,735
The fact is that,
you know, we're a-a...

384
00:28:34,737 --> 00:28:38,005
close-knit firm,
almost like family,

385
00:28:38,007 --> 00:28:39,709
and, uh...

386
00:28:42,745 --> 00:28:45,479
...the wives...

387
00:28:45,481 --> 00:28:47,817
they get jealous.

388
00:29:17,815 --> 00:29:21,550
<i>The prince would marry her</i>

389
00:29:21,552 --> 00:29:24,789
<i>whose foot would fit
the little slipper.</i>

390
00:29:26,057 --> 00:29:28,191
Kiki?

391
00:29:28,193 --> 00:29:31,060
- Hey! Kik!
- First, he tried it on the...

392
00:29:31,062 --> 00:29:33,062
- Where is everybody?
- ...princess.

393
00:29:33,064 --> 00:29:34,697
Oh, hi.

394
00:29:34,699 --> 00:29:36,132
Hello, sweet pea.

395
00:29:36,134 --> 00:29:37,167
Come here.

396
00:29:37,169 --> 00:29:39,069
How was your day? Hmm?

397
00:29:39,071 --> 00:29:40,670
I missed you.

398
00:29:40,672 --> 00:29:43,908
Did you have a nice day?

399
00:29:43,910 --> 00:29:45,876
Did you get the job?

400
00:29:45,878 --> 00:29:47,745
You got the job.

401
00:29:47,747 --> 00:29:48,779
That's wonderful.

402
00:29:48,781 --> 00:29:51,148
Oh! So they're gonna give you
a corner office,

403
00:29:51,150 --> 00:29:53,684
or are you still gonna have
to jump through some hoops?

404
00:29:53,686 --> 00:29:55,819
It's not at Bibler and Greene.

405
00:29:55,821 --> 00:29:58,689
I wasn't what they
were looking for.

406
00:29:58,691 --> 00:29:59,790
That's okay.

407
00:29:59,792 --> 00:30:02,160
I told you one of those
other firms would come back.

408
00:30:02,162 --> 00:30:03,562
Which one was it?

409
00:30:04,897 --> 00:30:08,233
Clyde Ferguson left
his professorship at Rutgers.

410
00:30:08,235 --> 00:30:10,501
- Kiki...
- They haven't found

411
00:30:10,503 --> 00:30:11,970
another black man
to replace him,

412
00:30:11,972 --> 00:30:15,974
so someone thought a woman
would be the next best thing.

413
00:30:23,083 --> 00:30:25,517
- Good news.
- You can't quit.

414
00:30:25,519 --> 00:30:28,187
There are more firms out there.
This is the biggest city

415
00:30:28,189 --> 00:30:30,622
in the most litigious country
in the history of the planet.

416
00:30:30,624 --> 00:30:33,259
- You can still...
- Marty, I got a job.

417
00:30:33,261 --> 00:30:35,895
Just open the champagne.

418
00:30:40,668 --> 00:30:41,869
Okay.

419
00:30:43,104 --> 00:30:45,907
Okay. Then let's celebrate.

420
00:30:53,182 --> 00:30:55,683
<i>Marriage of Figaro.</i>

421
00:31:01,757 --> 00:31:04,124
You know what I think?
I think this is good.

422
00:31:04,126 --> 00:31:05,759
I think it's better.

423
00:31:05,761 --> 00:31:08,028
You won't be beholden to any firm,

424
00:31:08,030 --> 00:31:10,764
you won't have a partner
breathing down your neck,

425
00:31:10,766 --> 00:31:13,234
and also, a professor
is free to represent

426
00:31:13,236 --> 00:31:15,669
any client she chooses.

427
00:31:15,671 --> 00:31:17,671
As long as they
don't mind a lawyer

428
00:31:17,673 --> 00:31:20,908
- who's never actually practiced law.
- Well...

429
00:31:20,910 --> 00:31:24,045
all I have to say is,

430
00:31:24,047 --> 00:31:26,282
hooray for Mommy.

431
00:31:28,151 --> 00:31:30,520
Cheers.

432
00:31:31,888 --> 00:31:33,788
Hooray for Mommy.

433
00:31:36,593 --> 00:31:38,928
Hooray for Mommy.

434
00:31:54,345 --> 00:31:56,278
<i>Hell no, we won't go!</i>

435
00:31:56,280 --> 00:31:58,281
<i>Hell no, we won't go!</i>

436
00:31:58,283 --> 00:31:59,282
Hell no, we won't go...

437
00:32:07,691 --> 00:32:10,760
No!

438
00:32:10,762 --> 00:32:12,662
Vietnam!

439
00:32:12,664 --> 00:32:14,831
And now they're telling us

440
00:32:14,833 --> 00:32:16,833
there's gonna be
no prosecution!

441
00:32:16,835 --> 00:32:19,135
- No! - No!
- Are we gonna stand for that?

442
00:32:19,137 --> 00:32:20,203
No!

443
00:32:20,205 --> 00:32:22,138
Are we gonna die in Vietnam?

444
00:32:22,140 --> 00:32:23,873
- No!
- No!

445
00:32:23,875 --> 00:32:27,178
Hell no, we won't go!
Hell no, we won't go!

446
00:32:27,180 --> 00:32:28,979
Hell no, we won't go!

447
00:32:28,981 --> 00:32:31,951
Hell no, we won't go! Hell no!

448
00:32:43,663 --> 00:32:46,097
I am Professor Ginsburg.

449
00:32:46,099 --> 00:32:49,334
This is Sex Discrimination
and the Law.

450
00:32:49,336 --> 00:32:51,836
Some of my colleagues
will tell you

451
00:32:51,838 --> 00:32:54,239
that sex discrimination
doesn't exist,

452
00:32:54,241 --> 00:32:56,441
that I may as well be teaching

453
00:32:56,443 --> 00:32:58,810
the legal rights
of gnomes and fairies.

454
00:32:58,812 --> 00:33:02,749
We'll see if they're right.

455
00:33:03,684 --> 00:33:05,217
<i>Hoyt versus Florida.</i>

456
00:33:05,219 --> 00:33:08,053
State the facts,
please, Miss...

457
00:33:08,055 --> 00:33:10,055
Valentin.

458
00:33:10,057 --> 00:33:11,890
Gwendolyn Hoyt was a housewife,

459
00:33:11,892 --> 00:33:14,360
and her husband was
this asshole.

460
00:33:14,362 --> 00:33:16,828
Can you recall the specifics?

461
00:33:16,830 --> 00:33:18,830
He cheated on her.
He choked her.

462
00:33:18,832 --> 00:33:21,733
He'd rip off her clothes
and threaten to kill her.

463
00:33:21,735 --> 00:33:25,171
So in statutory terms,
he was a "real asshole."

464
00:33:26,441 --> 00:33:28,074
On the night in question,

465
00:33:28,076 --> 00:33:31,978
Clarence told his wife
that he'd met another woman

466
00:33:31,980 --> 00:33:33,913
and he was leaving her.

467
00:33:33,915 --> 00:33:36,916
How did Hoyt respond,
Miss... Burton?

468
00:33:36,918 --> 00:33:39,919
She smashed in his skull
with a baseball bat,

469
00:33:39,921 --> 00:33:43,957
then called an ambulance
while he was dying.

470
00:33:43,959 --> 00:33:47,895
A jury convicted Hoyt
of second-degree murder.

471
00:33:47,897 --> 00:33:50,130
And that's where
our story begins.

472
00:33:50,132 --> 00:33:52,833
A great civil rights lawyer

473
00:33:52,835 --> 00:33:55,335
took up Hoyt's appeal.

474
00:33:55,337 --> 00:33:57,971
Dorothy...

475
00:33:57,973 --> 00:33:59,442
Kenyon.

476
00:34:01,944 --> 00:34:04,745
On what grounds,
Miss... Roemer?

477
00:34:04,747 --> 00:34:07,081
The Florida's juries violated
the U.S. Constitution,

478
00:34:07,083 --> 00:34:09,083
'cause there were
only men on them.

479
00:34:09,085 --> 00:34:12,120
Kenyon said that
if there were women on it,

480
00:34:12,122 --> 00:34:14,255
Hoyt may have been convicted
of a lesser crime,

481
00:34:14,257 --> 00:34:16,958
- like manslaughter.
- That law makes sense, though.

482
00:34:16,960 --> 00:34:19,360
Uh, women can't take care
of their kids

483
00:34:19,362 --> 00:34:21,262
if they're
on some sequestered jury.

484
00:34:21,264 --> 00:34:22,830
- Oh, is that so?
- What? - Excuse me?

485
00:34:22,832 --> 00:34:24,300
What?
Men are the mammoth hunters.

486
00:34:24,302 --> 00:34:26,202
You're never getting laid again.

487
00:34:26,204 --> 00:34:28,137
- What about women who don't have children?
- Yeah.

488
00:34:28,139 --> 00:34:30,206
- Or they're out of the house?
- Let the man stay home

489
00:34:30,208 --> 00:34:32,141
and take care of his children.

490
00:34:32,143 --> 00:34:33,475
Hey, don't take it out on me.

491
00:34:33,477 --> 00:34:35,077
I'm not holding
my fiancée back.

492
00:34:35,079 --> 00:34:37,279
- She's got two jobs.
- Which...

493
00:34:37,281 --> 00:34:40,051
she can be fired from
just for marrying you.

494
00:34:41,252 --> 00:34:43,352
The law allows it.

495
00:34:43,354 --> 00:34:45,254
There are laws that say

496
00:34:45,256 --> 00:34:46,989
women can't work overtime.

497
00:34:46,991 --> 00:34:50,460
And that a... a woman's
social security benefits,

498
00:34:50,462 --> 00:34:52,028
unlike her husband's,

499
00:34:52,030 --> 00:34:54,863
don't provide for her family
after death.

500
00:34:54,865 --> 00:34:57,133
- What? That's bullshit!
- Excuse me? - Crazy.

501
00:34:57,135 --> 00:35:00,870
Ten years ago, Dorothy Kenyon
asked a question:

502
00:35:00,872 --> 00:35:03,873
If the law differentiates
on the basis of sex,

503
00:35:03,875 --> 00:35:07,177
then how will women and men
ever become equals?

504
00:35:07,179 --> 00:35:09,179
And the Supreme Court answered:

505
00:35:09,181 --> 00:35:11,181
They won't.

506
00:35:11,183 --> 00:35:12,949
Hoyt lost her appeal.

507
00:35:12,951 --> 00:35:15,286
The decision was unanimous.

508
00:35:15,288 --> 00:35:20,424
Discrimination
on the basis of sex is legal.

509
00:35:33,906 --> 00:35:35,507
Here, stir that in.

510
00:35:35,509 --> 00:35:37,942
Mmm, Daddy,
that's not how you do it.

511
00:35:37,944 --> 00:35:40,412
- Oh, really?
- If you put the herbs in too early,

512
00:35:40,414 --> 00:35:42,147
they lose all their punch.

513
00:35:42,149 --> 00:35:44,049
Well, they're not supposed
to pummel each other, Jane.

514
00:35:44,051 --> 00:35:46,118
They're supposed to complement
each other, and that is why

515
00:35:46,120 --> 00:35:48,186
- it's called "marrying the flavors."
- We're home!

516
00:35:48,188 --> 00:35:50,155
- Hi!
- Daddy!

517
00:35:50,157 --> 00:35:51,456
Buddy!

518
00:35:51,458 --> 00:35:53,125
- How was your day?
- Good.

519
00:35:53,127 --> 00:35:55,093
- Did you have a good day at school?
- Uh-huh.

520
00:35:55,095 --> 00:35:56,995
What'd you learn?
Anything exciting?

521
00:35:56,997 --> 00:35:58,864
- Not really.
- No? - Hi.

522
00:35:58,866 --> 00:36:00,932
- Hi.
- Hi.

523
00:36:00,934 --> 00:36:03,336
- Jane.
- Hey, Mom.

524
00:36:03,338 --> 00:36:05,538
How's this year's class?

525
00:36:05,540 --> 00:36:08,341
Oh, these kids
are so passionate.

526
00:36:08,343 --> 00:36:12,078
To them, it's about more
than precedents and dissents.

527
00:36:12,080 --> 00:36:14,581
- They want to forge a movement.
- That's great.

528
00:36:14,583 --> 00:36:16,482
Mmm. This is delicious.

529
00:36:16,484 --> 00:36:18,419
Don't act so surprised.

530
00:36:18,421 --> 00:36:19,886
Jane?

531
00:36:19,888 --> 00:36:23,390
I got a call
from your school today.

532
00:36:23,392 --> 00:36:26,293
Apparently, I misdated a note

533
00:36:26,295 --> 00:36:28,095
excusing you from classes

534
00:36:28,097 --> 00:36:29,963
- last week.
- It's not a big deal.

535
00:36:29,965 --> 00:36:31,532
Oh, well, problem solved,
then, right?

536
00:36:31,534 --> 00:36:32,633
You skipped school.

537
00:36:32,635 --> 00:36:34,168
It's... it's the first week.

538
00:36:34,170 --> 00:36:35,969
Is... is this what this year's
gonna be like?

539
00:36:35,971 --> 00:36:38,138
- And you lied to the school.
- I never lied.

540
00:36:38,140 --> 00:36:40,107
No, forging a note
is lying, Jane.

541
00:36:40,109 --> 00:36:41,977
You're smart enough
to know that.

542
00:36:42,912 --> 00:36:44,512
Well, apparently I'm not, Mom.

543
00:36:47,217 --> 00:36:50,118
Don't forget we have
that party tonight. Not you.

544
00:36:50,120 --> 00:36:51,686
- Jane.
- You're staying right here with me.

545
00:36:51,688 --> 00:36:54,189
- I apologize, okay?
- I want to know where you were.

546
00:36:54,191 --> 00:36:57,392
Denise and I went to a rally
to hear Gloria Steinem speak.

547
00:36:57,394 --> 00:36:59,327
What?

548
00:36:59,329 --> 00:37:01,529
Gloria Steinem. She's a writer.

549
00:37:01,531 --> 00:37:03,131
She just started
her own magazine.

550
00:37:03,133 --> 00:37:04,633
She testified in the Senate
about...

551
00:37:04,635 --> 00:37:06,935
Yeah, I know
who Gloria Steinem is.

552
00:37:06,937 --> 00:37:09,137
What if you got hurt
or arrested?

553
00:37:09,139 --> 00:37:11,106
Mom, it's a rally, not a riot.

554
00:37:11,108 --> 00:37:12,475
Jane, these things
can get out of hand.

555
00:37:12,477 --> 00:37:14,577
Okay, well, I'm 15 years old,
and you don't need

556
00:37:14,579 --> 00:37:16,278
- to control every minute of my life.
- Yes, I do.

557
00:37:16,280 --> 00:37:18,280
That is my job. And your job
is to go to school and learn.

558
00:37:18,282 --> 00:37:21,150
Well, Gloria says we need
to unlearn the status quo.

559
00:37:21,152 --> 00:37:23,686
Oh, so you're
on a first-name basis now?

560
00:37:23,688 --> 00:37:25,354
You know what, Mom?

561
00:37:25,356 --> 00:37:27,423
If you want to sit around
with your students and talk

562
00:37:27,425 --> 00:37:29,693
- about how shitty it is to be a girl...
- Hey. Language.

563
00:37:29,695 --> 00:37:31,293
But don't pretend
it's a movement, okay?

564
00:37:31,295 --> 00:37:34,096
It's not a movement
if everyone's just sitting.

565
00:37:34,098 --> 00:37:37,302
- That's a support group.
- Jane, that's enough.

566
00:37:40,038 --> 00:37:42,239
We should get going.

567
00:37:42,241 --> 00:37:44,576
Yeah, go make yourself pretty
for Daddy's party.

568
00:37:46,211 --> 00:37:48,311
You know what?
Go to your room.

569
00:37:48,313 --> 00:37:50,182
Fine.

570
00:37:52,351 --> 00:37:54,017
No, no, it's well known.

571
00:37:54,019 --> 00:37:56,587
Tax is the only genuinely
funny area of the law.

572
00:37:56,589 --> 00:37:59,122
I think most of us
just want careers that have

573
00:37:59,124 --> 00:38:02,193
- a little more, uh, impact.
- Hmm.

574
00:38:02,195 --> 00:38:04,195
You know, young people
in Sweden these days

575
00:38:04,197 --> 00:38:05,763
- aren't getting married?
- Really?

576
00:38:05,765 --> 00:38:07,365
It's true.
They're getting engaged.

577
00:38:07,367 --> 00:38:11,035
- Hmm.
- They're still living together.

578
00:38:11,037 --> 00:38:13,037
They're still having kids,
raising a family.

579
00:38:13,039 --> 00:38:15,206
But they're not getting
married. You know why?

580
00:38:15,208 --> 00:38:17,375
They can have sex without it.

581
00:38:19,613 --> 00:38:23,147
- It's because of taxes.
- Mm-hmm. - Ah.

582
00:38:23,149 --> 00:38:25,451
That's true. After the war,
Sweden passed a law that said

583
00:38:25,453 --> 00:38:28,287
married couples will now file
joint income tax returns.

584
00:38:28,289 --> 00:38:30,088
However,
unlike the United States,

585
00:38:30,090 --> 00:38:32,224
they weren't given
any of the benefits from it.

586
00:38:32,226 --> 00:38:34,593
So married Swedes
were finding themselves

587
00:38:34,595 --> 00:38:36,228
in the uncomfortable position

588
00:38:36,230 --> 00:38:38,230
of now being
in a higher tax bracket.

589
00:38:38,232 --> 00:38:41,133
- Oh, really?
- So they got divorced.

590
00:38:41,135 --> 00:38:43,035
Of course, they
were still living together.

591
00:38:43,037 --> 00:38:44,804
So the Swedish government
then passes a new law

592
00:38:44,806 --> 00:38:47,105
that says, all right, married
couples who get divorced

593
00:38:47,107 --> 00:38:49,375
but continue to live together,
for tax purposes,

594
00:38:49,377 --> 00:38:51,711
will be considered
still married.

595
00:38:51,713 --> 00:38:53,213
So they did
what anyone would do.

596
00:38:53,215 --> 00:38:54,781
They add a second entrance
to their home

597
00:38:54,783 --> 00:38:56,817
with a nice wall that goes
right down the middle,

598
00:38:56,819 --> 00:38:59,219
- with doors for...
- easy access.

599
00:38:59,221 --> 00:39:01,054
"All right, fine,"

600
00:39:01,056 --> 00:39:03,456
says the Swedish government,
"new law."

601
00:39:03,458 --> 00:39:05,593
Once married,
now divorced couples living

602
00:39:05,595 --> 00:39:10,063
in a two-income household
that is subdivided would,

603
00:39:10,065 --> 00:39:11,832
again, for tax purposes,

604
00:39:11,834 --> 00:39:14,201
be considered living together,
and therefore...

605
00:39:14,203 --> 00:39:16,203
Therefore still married.

606
00:39:16,205 --> 00:39:17,805
Now he's got it.

607
00:39:17,807 --> 00:39:19,540
And this went on for decades.

608
00:39:19,542 --> 00:39:21,542
All the while,
a whole generation of Swedes

609
00:39:21,544 --> 00:39:23,677
simply skirted the issue
by never getting married

610
00:39:23,679 --> 00:39:25,312
in the first place.
Thank you.

611
00:39:25,314 --> 00:39:27,716
Speaking of, have you all met
my lovely wife, Ruth?

612
00:39:27,718 --> 00:39:30,217
The moral of this story
is that in their attempt

613
00:39:30,219 --> 00:39:32,554
to raise revenue,
the Swedish government

614
00:39:32,556 --> 00:39:35,423
ruined all those young men's
best hope at happiness.

615
00:39:35,425 --> 00:39:37,692
Exactly. Because...

616
00:39:37,694 --> 00:39:39,861
how a government taxes
its citizens

617
00:39:39,863 --> 00:39:43,198
is a direct declaration
of a country's values.

618
00:39:43,200 --> 00:39:46,268
So tell me, what could have
more impact than that?

619
00:39:47,304 --> 00:39:49,504
You'd be wise to listen, boys.

620
00:39:49,506 --> 00:39:51,273
I-I swear to Christ,

621
00:39:51,275 --> 00:39:54,510
Martin Ginsburg will be signing
all of our checks someday.

622
00:39:56,481 --> 00:39:59,149
You're a smart girl, Ruthy.
You married a star.

623
00:40:02,186 --> 00:40:04,120
Tom Maller's barely evolved.

624
00:40:04,122 --> 00:40:06,589
He started walking upright
last week.

625
00:40:06,591 --> 00:40:08,457
- You always do that.
- What?

626
00:40:08,459 --> 00:40:10,593
You act like...
like it doesn't matter.

627
00:40:10,595 --> 00:40:13,195
- No.
- But all the little brush-offs,

628
00:40:13,197 --> 00:40:15,231
the dismissive pats
on the head,

629
00:40:15,233 --> 00:40:17,433
- it-it matters, Marty.
- Why?

630
00:40:17,435 --> 00:40:21,638
You know what you're doing
is important, so who cares?

631
00:40:21,640 --> 00:40:24,408
Okay, fine. Next time my boss
gives me a clumsy compliment,

632
00:40:24,410 --> 00:40:27,344
I'll challenge him to a duel.
Will that make you happy?

633
00:40:27,346 --> 00:40:29,680
I wouldn't want to hurt
your stellar reputation.

634
00:40:29,682 --> 00:40:31,682
Just tell me what you want.

635
00:40:31,684 --> 00:40:34,351
Nothing. I want nothing.
I-I want you to go to work

636
00:40:34,353 --> 00:40:35,853
- and wow your bosses and clients...
- Oh, great.

637
00:40:35,855 --> 00:40:38,155
...and be the youngest partner
in the history of the firm.

638
00:40:38,157 --> 00:40:39,724
That's not fair. That's not
fair, and you know it.

639
00:40:39,726 --> 00:40:40,792
Then I want you
to walk me home, Marty,

640
00:40:40,794 --> 00:40:42,860
so I can sit in my corner
and write a lesson plan

641
00:40:42,862 --> 00:40:43,928
to inspire the next generation
of students...

642
00:40:43,930 --> 00:40:46,229
- No one's put you in the corner.
- ...to go forth

643
00:40:46,231 --> 00:40:47,532
- and fight for equality.
- I don't understand why

644
00:40:47,534 --> 00:40:49,667
you're acting like that's
such a bad thing.

645
00:40:49,669 --> 00:40:52,637
You're out there training
the next generation of lawyers

646
00:40:52,639 --> 00:40:53,738
to change the world.

647
00:40:53,740 --> 00:40:56,409
'Cause that's
what I wanted to do!

648
00:41:02,717 --> 00:41:04,785
Kiki. Kiki.

649
00:41:16,297 --> 00:41:17,565
Page 21.

650
00:41:18,900 --> 00:41:20,967
I don't read tax court cases.

651
00:41:20,969 --> 00:41:22,501
Read this one.

652
00:41:22,503 --> 00:41:24,971
The IRS denied a petitioner
a tax deduction

653
00:41:24,973 --> 00:41:28,407
to hire a nurse to take care
of an invalid mother.

654
00:41:28,409 --> 00:41:31,544
- Sounds like a real page-turner.
- Hmm.

655
00:41:31,546 --> 00:41:34,547
- Ask me why.
- Marty, I have a lecture to write.

656
00:41:34,549 --> 00:41:36,284
Hmm. Okay.

657
00:41:38,920 --> 00:41:42,224
It's because
the petitioner is a man.

658
00:41:47,362 --> 00:41:49,830
Marty...

659
00:41:49,832 --> 00:41:52,399
Section 214 of the tax code

660
00:41:52,401 --> 00:41:56,506
assumes a caregiver
has to be a woman.

661
00:41:57,874 --> 00:41:59,874
This is sex-based
discrimination

662
00:41:59,876 --> 00:42:02,512
against a man.

663
00:42:03,446 --> 00:42:05,947
Poor guy.

664
00:42:05,949 --> 00:42:08,582
If a federal court

665
00:42:08,584 --> 00:42:12,688
ruled that this law
is unconstitutional,

666
00:42:12,690 --> 00:42:16,457
then it could become
the precedent others refer to

667
00:42:16,459 --> 00:42:17,926
and build on.

668
00:42:17,928 --> 00:42:20,397
Men and women both. It-it...

669
00:42:21,565 --> 00:42:24,299
It could topple
the whole damn system

670
00:42:24,301 --> 00:42:26,370
of discrimination.

671
00:42:28,039 --> 00:42:30,272
What?

672
00:42:30,274 --> 00:42:32,274
Nothing.
I'm just thrilled

673
00:42:32,276 --> 00:42:35,544
at your newfound enthusiasm
for tax law.

674
00:42:35,546 --> 00:42:37,682
Marty.

675
00:42:38,750 --> 00:42:40,482
Oh, Marty.

676
00:42:40,484 --> 00:42:43,553
We need to take this case.

677
00:42:55,800 --> 00:42:58,035
Of course he says
he's against bombing Cambodia.

678
00:42:58,037 --> 00:43:00,336
I want to know, where's
the bill to defund it?

679
00:43:00,338 --> 00:43:02,438
It's derogatory, it's taunting,
but it's speech.

680
00:43:02,440 --> 00:43:05,308
Hi. Mel Wulf is expecting me.

681
00:43:05,310 --> 00:43:07,511
He wants to get his hands
on Nixon, or he hopes

682
00:43:07,513 --> 00:43:09,413
- the Viet Cong do?
- Well, why? What's the difference?

683
00:43:09,415 --> 00:43:10,781
Five years in prison.

684
00:43:10,783 --> 00:43:12,351
Go.

685
00:43:14,787 --> 00:43:17,088
♪ Oh...

686
00:43:17,090 --> 00:43:19,590
♪ I'm an acorn
short and round ♪

687
00:43:19,592 --> 00:43:21,391
♪ Lying on the dusty ground

688
00:43:21,393 --> 00:43:22,761
♪ Everybody steps on me

689
00:43:22,763 --> 00:43:24,763
♪ That is why I'm cracked,
you see ♪

690
00:43:24,765 --> 00:43:25,897
♪ I'm a nut

691
00:43:25,899 --> 00:43:27,799
♪ I'm a nut, I'm a nut

692
00:43:27,801 --> 00:43:29,399
Come on.
♪ I'm a nut

693
00:43:29,401 --> 00:43:31,669
♪ I'm a nut, I'm a nut

694
00:43:31,671 --> 00:43:34,506
♪ I'm a nut, I'm a nut,
I'm a nut ♪

695
00:43:34,508 --> 00:43:36,040
♪ Oh

696
00:43:36,042 --> 00:43:37,809
♪ I'm a nut,
but that's no sin ♪

697
00:43:37,811 --> 00:43:40,079
♪ 'Cause at Camp Che-Na-Wah
I fit right in. ♪

698
00:43:41,381 --> 00:43:42,781
Ladies and gentlemen,

699
00:43:42,783 --> 00:43:45,117
three-time Camp Che-Na-Wah
All-Around Camper,

700
00:43:45,119 --> 00:43:47,587
Ruth "Kiki" Bader.

701
00:43:49,891 --> 00:43:52,691
Oh, and for all you
who think this job is hard,

702
00:43:52,693 --> 00:43:56,061
I judged the 13-and-unders with
a color war trophy on the line.

703
00:43:56,063 --> 00:43:58,366
Back to work.

704
00:43:59,500 --> 00:44:02,303
Hey, Kiki. What do you say?

705
00:44:03,471 --> 00:44:06,405
Hi, Mel.

706
00:44:06,407 --> 00:44:08,509
Sorry about that.

707
00:44:09,912 --> 00:44:11,745
You said you had a case.

708
00:44:11,747 --> 00:44:13,914
This is not a case...
this is the opening salvo

709
00:44:13,916 --> 00:44:16,683
on a 50-year war for
a new class of civil rights.

710
00:44:16,685 --> 00:44:19,386
- Yes, exactly.
- Huh. I can't do this.

711
00:44:19,388 --> 00:44:20,954
- This is beyond my mandate.
- Wha...

712
00:44:20,956 --> 00:44:23,456
American Civil Liberties Union?

713
00:44:23,458 --> 00:44:24,991
Women's rights
are civil rights.

714
00:44:24,993 --> 00:44:27,928
I'm still getting flack for
defending draft card burners.

715
00:44:27,930 --> 00:44:29,997
And the right to protest
actually exists.

716
00:44:29,999 --> 00:44:31,565
After you.

717
00:44:31,567 --> 00:44:32,801
Here.

718
00:44:35,004 --> 00:44:37,106
Phyllis, can I get a...?

719
00:44:46,683 --> 00:44:48,451
How's Marty?

720
00:44:49,752 --> 00:44:51,153
He's fine.

721
00:44:51,155 --> 00:44:53,021
Still protecting the rich

722
00:44:53,023 --> 00:44:55,425
against the predations
of the poor?

723
00:44:57,127 --> 00:45:00,662
If we're gonna appeal,
the court needs to agree

724
00:45:00,664 --> 00:45:02,664
there's a constitutional
handle here.

725
00:45:02,666 --> 00:45:04,933
How did you even convince this
guy to let you represent him?

726
00:45:04,935 --> 00:45:06,735
I-I'll take care of that.

727
00:45:06,737 --> 00:45:08,136
- He doesn't know?
- Alone...

728
00:45:08,138 --> 00:45:09,972
- Are you kidding me?
- Alone, the judges

729
00:45:09,974 --> 00:45:13,008
- may not give Marty and I the benefit of the doubt.
- Whoa.

730
00:45:13,010 --> 00:45:15,711
But with your name
alongside ours on the brief...

731
00:45:15,713 --> 00:45:17,813
Yeah.

732
00:45:17,815 --> 00:45:20,016
Mel, you must see the...

733
00:45:20,018 --> 00:45:22,517
the opportunity
this case represents.

734
00:45:22,519 --> 00:45:23,987
You think the judges
are gonna be sympathetic

735
00:45:23,989 --> 00:45:25,655
just 'cause they all
have prostates?

736
00:45:25,657 --> 00:45:27,924
Men and women all eat at the
same lunch counters, they drink

737
00:45:27,926 --> 00:45:30,059
at the same water fountains,
they go to the same schools...

738
00:45:30,061 --> 00:45:32,562
- Women can't attend Dartmouth.
- Men can't go to Smith.

739
00:45:32,564 --> 00:45:35,232
Women police officers can't
patrol New York City streets.

740
00:45:35,234 --> 00:45:36,768
We have to get...

741
00:45:39,471 --> 00:45:41,738
We have to get credit cards

742
00:45:41,740 --> 00:45:43,539
in our husbands' names.

743
00:45:43,541 --> 00:45:45,075
You're not a minority.

744
00:45:45,077 --> 00:45:47,211
You're 51% of the population!

745
00:45:47,213 --> 00:45:48,979
And it's been tried.
<i>Muller, Goesaert.</i>

746
00:45:48,981 --> 00:45:50,681
Uh... what's the other one?

747
00:45:50,683 --> 00:45:52,583
The one with the woman
with the baseball bat.

748
00:45:52,585 --> 00:45:54,251
- Gwendolyn Hoyt.
- Gwendolyn Hoyt. Exactly.

749
00:45:54,253 --> 00:45:55,786
Yeah, and morally,
they were right.

750
00:45:55,788 --> 00:45:56,954
Yet they lost.

751
00:45:56,956 --> 00:45:58,589
Ruth...

752
00:45:58,591 --> 00:46:00,791
morality does not win the day.

753
00:46:00,793 --> 00:46:01,759
Look around you.

754
00:46:01,761 --> 00:46:04,561
Dorothy Kenyon
could not get women equality

755
00:46:04,563 --> 00:46:06,131
by arguing a case
with sex, murder

756
00:46:06,133 --> 00:46:07,631
and prison time on the line.

757
00:46:07,633 --> 00:46:09,234
You and Marty think
you're gonna do it

758
00:46:09,236 --> 00:46:11,903
with this guy and his taxes?

759
00:46:49,178 --> 00:46:51,111
Operator.

760
00:46:51,113 --> 00:46:53,681
I-I... I need a number.

761
00:46:54,882 --> 00:46:56,950
Denver, Colorado.

762
00:46:56,952 --> 00:46:59,152
<i>Come on,
you're gonna miss your flight.</i>

763
00:46:59,154 --> 00:47:01,722
Now, you have to get James from
school while I'm in Denver.

764
00:47:01,724 --> 00:47:03,623
Mom, I told you,
Denise and I are starting our

765
00:47:03,625 --> 00:47:05,258
- consciousness-raising group.
- Wait. Please wait.

766
00:47:05,260 --> 00:47:07,928
Take James with you.

767
00:47:07,930 --> 00:47:09,629
Will you be all right?

768
00:47:09,631 --> 00:47:12,065
- Yeah.
- We'll survive somehow.

769
00:47:12,067 --> 00:47:14,636
Bye. Bye.

770
00:47:15,338 --> 00:47:16,970
Go kick ass.

771
00:47:16,972 --> 00:47:18,605
Meter's running.

772
00:47:18,607 --> 00:47:21,042
Bye, Mom.

773
00:47:21,044 --> 00:47:23,545
- Bye.
- Bye, Mom.

774
00:47:39,196 --> 00:47:40,764
Thank you.

775
00:47:54,211 --> 00:47:56,346
- Mr. Moritz.
- Mrs. Ginsburg.

776
00:47:56,348 --> 00:47:58,682
Um, you're early.

777
00:47:59,984 --> 00:48:02,951
Uh, I-I can come back
in ten minutes if you prefer.

778
00:48:02,953 --> 00:48:04,320
No, you might as...

779
00:48:04,322 --> 00:48:07,725
might as well come in now
and have your say.

780
00:48:08,659 --> 00:48:10,594
Shoes off, please.

781
00:48:12,330 --> 00:48:14,230
Just come on in.

782
00:48:14,232 --> 00:48:16,234
Excuse me.

783
00:48:17,335 --> 00:48:20,337
- Are you done, Mom?
- No. Not yet.

784
00:48:20,339 --> 00:48:22,339
- You want your...
- I'm done, thanks.

785
00:48:22,341 --> 00:48:24,341
- You want your crossword?
- Yeah.

786
00:48:24,343 --> 00:48:26,345
- Okay.
- Please.

787
00:48:28,214 --> 00:48:31,148
Here you go.

788
00:48:31,150 --> 00:48:32,349
Mom.

789
00:48:32,351 --> 00:48:34,351
- Uh-huh.
- This is Mrs. Ginsburg.

790
00:48:34,353 --> 00:48:36,687
She's the New York lawyer
I told you about.

791
00:48:36,689 --> 00:48:38,689
Mrs. Moritz, hello.

792
00:48:38,691 --> 00:48:40,993
I thought she would be bigger.

793
00:48:42,662 --> 00:48:45,297
- I...
- Uh, y-you can have a seat.

794
00:48:45,299 --> 00:48:47,064
Uh, here.
Here you go.

795
00:48:47,066 --> 00:48:48,400
Do you want your magnifier?

796
00:48:48,402 --> 00:48:49,733
- Yeah, please. Yeah.
- Okay.

797
00:48:49,735 --> 00:48:51,735
There you go. All right.

798
00:48:51,737 --> 00:48:53,840
- You want a drink?
- Uh-huh.

799
00:48:58,278 --> 00:49:00,178
I-I see you were a drum major.

800
00:49:00,180 --> 00:49:01,746
I was a twirler.

801
00:49:01,748 --> 00:49:03,884
That was a thousand years ago.

802
00:49:09,424 --> 00:49:11,990
Mr. Moritz, about your case...

803
00:49:11,992 --> 00:49:14,127
I don't have a case.

804
00:49:14,129 --> 00:49:16,229
Four lawyers told me so.

805
00:49:16,231 --> 00:49:18,030
And that judge...

806
00:49:18,032 --> 00:49:18,864
Tietjens...

807
00:49:18,866 --> 00:49:21,234
he basically called me
a tax cheat.

808
00:49:21,236 --> 00:49:22,370
Are you?

809
00:49:23,805 --> 00:49:26,906
I never cheated at anything
in my life.

810
00:49:26,908 --> 00:49:29,442
"Tasmanian egg-layer."
Eight letters.

811
00:49:29,444 --> 00:49:31,112
Not now, Mom.

812
00:49:33,047 --> 00:49:35,349
Tell me in your own words,

813
00:49:35,351 --> 00:49:37,783
why did you hire a nurse?

814
00:49:37,785 --> 00:49:40,120
If you've never cared
for an ailing parent...

815
00:49:40,122 --> 00:49:42,055
I have.

816
00:49:42,057 --> 00:49:43,157
Then you know.

817
00:49:43,159 --> 00:49:46,193
Between the dressing
and the bathing and the toilet,

818
00:49:46,195 --> 00:49:48,061
it's not a task for one person,

819
00:49:48,063 --> 00:49:50,164
especially if you have
a day job.

820
00:49:50,166 --> 00:49:53,767
If it wasn't for Cleeta, uh,
I'd have to put Mom in a home.

821
00:49:53,769 --> 00:49:56,437
So you deducted Cleeta's salary
on your taxes.

822
00:49:56,439 --> 00:49:59,039
The judge said
the tax code was clear.

823
00:49:59,041 --> 00:50:01,842
Caretaker's deduction
was available to all women,

824
00:50:01,844 --> 00:50:06,481
but only to men who had wives
who were incapacitated or dead

825
00:50:06,483 --> 00:50:09,050
- or were divorced.
- And you've never been married?

826
00:50:09,052 --> 00:50:11,819
- No.
- The men who wrote that law couldn't even fathom

827
00:50:11,821 --> 00:50:13,922
that a bachelor,
choosing to take care

828
00:50:13,924 --> 00:50:16,291
of a parent at home,
might exist.

829
00:50:16,293 --> 00:50:18,226
"Tasmanian egg-layer,"

830
00:50:18,228 --> 00:50:20,228
- second letter: "L."
- Mom,

831
00:50:20,230 --> 00:50:23,099
- I'll help you in a little bit.
- How about "platypus"?

832
00:50:26,069 --> 00:50:28,772
Ah! Ah.

833
00:50:30,975 --> 00:50:33,809
I'm a salesman, Mrs. Ginsburg,

834
00:50:33,811 --> 00:50:37,114
and I know when I'm being sold.

835
00:50:39,116 --> 00:50:43,386
With due respect,
you have $296 at issue.

836
00:50:43,388 --> 00:50:45,854
I'm not here for the money.

837
00:50:45,856 --> 00:50:49,492
We'd represent your appeal
pro bono if you'll let us.

838
00:50:49,494 --> 00:50:52,262
So... the judge was wrong?

839
00:50:52,264 --> 00:50:54,564
Mr. Moritz...

840
00:50:54,566 --> 00:50:57,703
the law is wrong.

841
00:51:01,106 --> 00:51:03,442
Thank you. I was hungry.

842
00:51:05,578 --> 00:51:08,446
If it's not for the money...

843
00:51:08,448 --> 00:51:10,816
why are you here?

844
00:51:14,187 --> 00:51:17,388
The 14th Amendment to
the United States Constitution

845
00:51:17,390 --> 00:51:20,891
says all people must be treated
equally under the law.

846
00:51:20,893 --> 00:51:24,161
Yet there are...
I don't know how many laws

847
00:51:24,163 --> 00:51:27,298
like the caregiver deduction
that say, in effect,

848
00:51:27,300 --> 00:51:29,033
women stay home,
men go to work,

849
00:51:29,035 --> 00:51:31,235
and that it should stay
that way forever.

850
00:51:31,237 --> 00:51:33,605
I want to convince
the federal courts

851
00:51:33,607 --> 00:51:37,908
that those laws
are unconstitutional.

852
00:51:37,910 --> 00:51:39,079
How do you do that?

853
00:51:40,381 --> 00:51:42,614
One case at a time.

854
00:51:42,616 --> 00:51:44,184
Starting with yours.

855
00:51:45,286 --> 00:51:47,187
So I'm a guinea pig?

856
00:51:48,289 --> 00:51:50,088
No, sir.

857
00:51:50,090 --> 00:51:52,457
You're the man marching
out ahead of the band,

858
00:51:52,459 --> 00:51:53,925
leading the way.

859
00:51:55,162 --> 00:51:57,931
Just like that drum major
you used to be.

860
00:51:59,334 --> 00:52:01,967
I've invested a lot of my own reputation

861
00:52:01,969 --> 00:52:04,337
to building up your career,
and now you're on track

862
00:52:04,339 --> 00:52:07,407
to be the youngest partner
in the history of the firm.

863
00:52:07,409 --> 00:52:11,544
And you want to risk that
for some cockamamy case?

864
00:52:11,546 --> 00:52:13,579
Tom, I'm contractually
obligated to ask

865
00:52:13,581 --> 00:52:16,082
to take outside work,
and I'm asking, but...

866
00:52:16,084 --> 00:52:19,285
Okay, for God sakes, you're
traipsing into this for what?

867
00:52:19,287 --> 00:52:22,289
So your wife can feel
like a real lawyer?

868
00:52:22,291 --> 00:52:24,258
She is a real lawyer, Tom.

869
00:52:24,260 --> 00:52:27,094
You want to support Ruth,
tell her the truth.

870
00:52:27,096 --> 00:52:29,496
- Which is?
- The case is unwinnable.

871
00:52:29,498 --> 00:52:31,665
Congress can write
whatever taxes it wants.

872
00:52:31,667 --> 00:52:33,434
That's not open
to constitutional attack.

873
00:52:33,436 --> 00:52:36,303
Or maybe you just say that
because no one's been able

874
00:52:36,305 --> 00:52:38,305
to successfully do it before.

875
00:52:38,307 --> 00:52:40,240
Oh, Marty.

876
00:52:40,242 --> 00:52:42,376
Fine. Try, but...

877
00:52:42,378 --> 00:52:45,380
when you lose
and you embarrass our firm,

878
00:52:45,382 --> 00:52:48,316
just be ready for your career
to come crashing back to earth.

879
00:52:48,318 --> 00:52:50,185
Okay, noted, noted.
And thank you, Tom.

880
00:52:50,187 --> 00:52:53,054
- Thank you. Thank you.
- Yeah, yeah, yeah.

881
00:52:53,056 --> 00:52:54,689
No! Murder
can never be condoned,

882
00:52:54,691 --> 00:52:57,092
- least of all by a lawyer.
- It's called justice.

883
00:52:57,094 --> 00:52:59,394
Yeah, what's just to you
may not be just to me

884
00:52:59,396 --> 00:53:01,563
- or to someone else.
- You know what I'm talking about.

885
00:53:01,565 --> 00:53:04,265
- Hello, family unit.
- And would it kill you to admit

886
00:53:04,267 --> 00:53:06,401
that maybe I actually did
something right?

887
00:53:06,403 --> 00:53:09,104
- This is an "A" paper.
- Yeah, of course it is.

888
00:53:09,106 --> 00:53:12,208
You're a beautiful writer.
It just needs more work.

889
00:53:12,210 --> 00:53:14,477
Please tell me
you aren't going 15 rounds

890
00:53:14,479 --> 00:53:16,045
over <i>To Kill a Mockingbird.</i>

891
00:53:16,047 --> 00:53:18,414
Daddy, can you please tell Mom
that Atticus Finch

892
00:53:18,416 --> 00:53:19,615
can be a role model.

893
00:53:19,617 --> 00:53:21,250
He covers up
Bob Ewell's murder.

894
00:53:21,252 --> 00:53:22,518
He's a terrible lawyer.

895
00:53:22,520 --> 00:53:24,487
- Why? 'Cause you say so?
- No, not me.

896
00:53:24,489 --> 00:53:27,390
Canon 1 of the American Bar
Association's Model Code

897
00:53:27,392 --> 00:53:30,359
- of Responsibility.
- What are you talking about?!

898
00:53:30,361 --> 00:53:31,695
It's called legal ethics.

899
00:53:31,697 --> 00:53:33,697
Well, you'd do
exactly the same thing

900
00:53:33,699 --> 00:53:35,567
if you actually had a heart.

901
00:53:41,440 --> 00:53:44,174
I don't know where
she gets her stubbornness.

902
00:53:44,176 --> 00:53:46,510
Can't imagine.

903
00:53:46,512 --> 00:53:48,614
So, how was your day?

904
00:53:54,454 --> 00:53:56,587
"History discloses that woman

905
00:53:56,589 --> 00:53:59,524
"has always been dependent
upon man.

906
00:53:59,526 --> 00:54:02,427
"Like children,
she needs special care.

907
00:54:02,429 --> 00:54:04,462
This justifies a difference
in legislation..."

908
00:54:04,464 --> 00:54:07,331
- <i>Muller v. Oregon,</i> the law of the land.
- Wow.

909
00:54:07,333 --> 00:54:09,233
Or <i>Bradwell v. Illinois.</i>

910
00:54:09,235 --> 00:54:11,770
"The destiny of woman
is the benign offices

911
00:54:11,772 --> 00:54:13,739
"of wife and mother.

912
00:54:13,741 --> 00:54:15,741
This is the law
of the Creator."

913
00:54:15,743 --> 00:54:17,643
I'm writing this brief

914
00:54:17,645 --> 00:54:21,112
and citing the same cases
with the exact same precedents

915
00:54:21,114 --> 00:54:23,047
as-as everyone before us.

916
00:54:23,049 --> 00:54:25,484
Marty, if this is
what we go in with,

917
00:54:25,486 --> 00:54:27,085
we're gonna lose.

918
00:54:29,089 --> 00:54:31,089
Wait, wait, wait, wait.
Wait, wait, wait.

919
00:54:31,091 --> 00:54:33,091
I got it. I got it.

920
00:54:33,093 --> 00:54:36,330
At least she's not listening
to The Monkees.

921
00:54:39,768 --> 00:54:41,801
I'm busy.

922
00:55:01,223 --> 00:55:03,323
Come here.

923
00:55:03,325 --> 00:55:05,193
Come here.

924
00:55:13,302 --> 00:55:15,402
I'm fine.

925
00:55:16,672 --> 00:55:19,807
I can be as tough as she is.

926
00:55:19,809 --> 00:55:21,843
She's a bully.

927
00:55:21,845 --> 00:55:26,148
And she needs everyone
to know how smart she is.

928
00:55:27,651 --> 00:55:30,552
Do you want Mom
to stop being smart?

929
00:55:30,554 --> 00:55:33,622
I want her to stop rubbing it
in everyone's face

930
00:55:33,624 --> 00:55:35,292
all the time.

931
00:55:41,298 --> 00:55:46,301
Grandma Celia died
when Mom was about your age.

932
00:55:46,303 --> 00:55:48,871
But up until her dying breath,

933
00:55:48,873 --> 00:55:51,373
they would read together,

934
00:55:51,375 --> 00:55:54,510
debate ideas together...

935
00:55:54,512 --> 00:55:59,114
and she taught your mom
to question everything.

936
00:55:59,116 --> 00:56:02,218
She's not trying
to bully you, Jane.

937
00:56:02,220 --> 00:56:05,888
She just doesn't want you
to feel small.

938
00:56:05,890 --> 00:56:11,095
She wants to give you
what her mom taught her.

939
00:56:12,397 --> 00:56:15,298
That's how she...

940
00:56:15,300 --> 00:56:18,200
shows her heart.

941
00:56:18,202 --> 00:56:19,304
Hmm?

942
00:56:38,424 --> 00:56:40,792
Is she okay?

943
00:56:40,794 --> 00:56:43,095
She'll be fine.

944
00:56:52,372 --> 00:56:54,238
This is stupid.

945
00:56:54,240 --> 00:56:56,407
You're the one who said
I'm supposed to be in school.

946
00:56:56,409 --> 00:56:59,177
If you're gonna write
about great American lawyers,

947
00:56:59,179 --> 00:57:01,281
you may as well meet one.

948
00:57:14,829 --> 00:57:16,530
You ladies look lost.

949
00:57:18,900 --> 00:57:21,266
Well, spit it out.

950
00:57:21,268 --> 00:57:23,335
Miss Kenyon,
w-we're here to see you.

951
00:57:23,337 --> 00:57:25,805
I tried to make
an appointment...

952
00:57:25,807 --> 00:57:28,273
Well, here I am.
I don't have all day.

953
00:57:28,275 --> 00:57:30,677
It's about Gwendolyn Hoyt.

954
00:57:30,679 --> 00:57:33,680
In that case,
I have no interest in talking

955
00:57:33,682 --> 00:57:34,881
to either one of you.

956
00:57:34,883 --> 00:57:36,683
I'm-I'm arguing a case.

957
00:57:36,685 --> 00:57:39,552
Sex discrimination violates
the Equal Protection principle.

958
00:57:39,554 --> 00:57:42,990
Equal Protection was coined
to grant equality to the Negro,

959
00:57:42,992 --> 00:57:45,425
a task at which
it has dismally failed.

960
00:57:45,427 --> 00:57:47,594
What makes you think women
would fare any better?

961
00:57:47,596 --> 00:57:49,529
Please, if we
could just talk for...

962
00:57:49,531 --> 00:57:51,899
You want to know
how I blew it... is that it?

963
00:57:51,901 --> 00:57:53,467
What I'd do differently?

964
00:57:53,469 --> 00:57:56,337
Why? You think you
can change the country?

965
00:57:56,339 --> 00:57:58,406
You should look
to her generation.

966
00:57:58,408 --> 00:58:00,675
They're taking to the streets,
demanding change,

967
00:58:00,677 --> 00:58:03,244
like we did when we fought
for the vote.

968
00:58:03,246 --> 00:58:05,413
Our mistake
was thinking we'd won.

969
00:58:05,415 --> 00:58:09,316
We started asking, "please,"
as if civil rights were sweets

970
00:58:09,318 --> 00:58:11,552
to be handed out by judges.

971
00:58:11,554 --> 00:58:13,587
Protests are important,
but changing the culture

972
00:58:13,589 --> 00:58:16,357
means nothing
if the law doesn't change.

973
00:58:16,359 --> 00:58:18,394
As a lawyer,
you must believe that.

974
00:58:19,463 --> 00:58:21,430
Let me guess.

975
00:58:21,432 --> 00:58:23,899
You're a professor, aren't you?

976
00:58:23,901 --> 00:58:25,000
Yeah.

977
00:58:25,002 --> 00:58:27,369
Ton of knowledge and no smarts.

978
00:58:27,371 --> 00:58:30,639
- Mom, we should go.
- You want advice? Here it is.

979
00:58:30,641 --> 00:58:33,943
Tell your client she won't find
equality in a courtroom.

980
00:58:33,945 --> 00:58:36,445
My client's name
is Charles Moritz.

981
00:58:36,447 --> 00:58:37,579
That's cute.

982
00:58:37,581 --> 00:58:41,684
He hired a nurse to take care
of his mother, but...

983
00:58:41,686 --> 00:58:45,354
he was denied a caregiver
deduction on his taxes.

984
00:58:45,356 --> 00:58:46,856
He's never been married.

985
00:58:46,858 --> 00:58:51,596
You found a bachelor taking
care of his mother at home.

986
00:58:53,431 --> 00:58:55,999
The judges will be
repulsed by him.

987
00:58:56,001 --> 00:58:58,938
Feeling anything is a start.

988
00:59:00,505 --> 00:59:02,906
What did you say your name was?

989
00:59:02,908 --> 00:59:06,910
Ruth Bader Ginsburg.

990
00:59:06,912 --> 00:59:08,412
Well...

991
00:59:08,414 --> 00:59:10,581
sorry, Professor Ginsburg.

992
00:59:10,583 --> 00:59:12,316
Maybe someday.

993
00:59:12,318 --> 00:59:15,053
But the country isn't ready.

994
00:59:15,055 --> 00:59:17,055
Change minds first,

995
00:59:17,057 --> 00:59:19,389
then change the law.

996
00:59:19,391 --> 00:59:21,391
If you'll excuse me,
the mayor's decided

997
00:59:21,393 --> 00:59:22,927
to rename the neighborhood.

998
00:59:22,929 --> 00:59:26,363
So now a developer is kicking
30 families out of the building

999
00:59:26,365 --> 00:59:28,900
he abandoned ten years ago.

1000
00:59:28,902 --> 00:59:32,103
SoHo. Who ever heard
of such a ridiculous thing?

1001
00:59:33,573 --> 00:59:35,907
I know she's
your personal hero and all,

1002
00:59:35,909 --> 00:59:39,344
- but she's kind of a bitch.
- No, she's formidable.

1003
00:59:39,346 --> 00:59:41,513
Dorothy Kenyon has been
fighting for women's rights

1004
00:59:41,515 --> 00:59:44,649
and civil rights and
labor rights her entire career.

1005
00:59:44,651 --> 00:59:46,085
She didn't always win,

1006
00:59:46,087 --> 00:59:49,088
but she made damn sure
she was taken seriously.

1007
00:59:49,090 --> 00:59:50,689
She didn't help you.

1008
00:59:50,691 --> 00:59:52,691
What are you gonna do now?

1009
00:59:52,693 --> 00:59:55,461
It's the right cause,
it's the right client, but...

1010
00:59:55,463 --> 00:59:58,764
women have been losing the same
argument for over a century.

1011
00:59:58,766 --> 01:00:00,132
Well...

1012
01:00:00,134 --> 01:00:03,136
just because you lost a hundred
years before you started

1013
01:00:03,138 --> 01:00:05,706
is no reason not to try to win.

1014
01:00:07,742 --> 01:00:10,576
Jane, that was very wise.

1015
01:00:10,578 --> 01:00:13,314
You know who said it first?

1016
01:00:14,616 --> 01:00:16,082
Atticus Finch.

1017
01:00:21,023 --> 01:00:22,155
Quick.

1018
01:00:23,959 --> 01:00:25,992
Hey, looking good, ladies!

1019
01:00:25,994 --> 01:00:27,828
Just ignore them.

1020
01:00:27,830 --> 01:00:30,664
Hey, we'll keep you warm
if you're getting wet.

1021
01:00:30,666 --> 01:00:32,599
Oh, yeah? Real nice!

1022
01:00:32,601 --> 01:00:35,535
Do you kiss your mother
with that mouth, asshole?

1023
01:00:35,537 --> 01:00:36,871
- Oh, whoa.
- Whoa!

1024
01:00:36,873 --> 01:00:39,907
Mom, you can't let boys
talk to you like that.

1025
01:00:39,909 --> 01:00:41,611
Taxi!

1026
01:00:46,683 --> 01:00:48,183
Mom, come on.

1027
01:00:48,185 --> 01:00:50,185
You're getting soaked.

1028
01:00:50,187 --> 01:00:52,420
Look at you, Jane.

1029
01:00:52,422 --> 01:00:56,657
You're a liberated,
fearless young woman.

1030
01:00:56,659 --> 01:00:59,493
20 years ago, you couldn't
have been who you are today.

1031
01:00:59,495 --> 01:01:03,131
Dorothy Kenyon's wrong... the...
the times have already changed.

1032
01:01:03,133 --> 01:01:05,000
You coming or what?

1033
01:01:05,002 --> 01:01:06,704
Yeah, yeah, we're coming.

1034
01:01:08,539 --> 01:01:09,905
<i>It's what Professor Freund</i>

1035
01:01:09,907 --> 01:01:11,573
<i>said at Harvard.</i>

1036
01:01:11,575 --> 01:01:14,610
"A court ought not be affected
by the weather of the day,

1037
01:01:14,612 --> 01:01:16,712
but will be
by the climate of the era."

1038
01:01:16,714 --> 01:01:19,182
Okay, so we're not going back
and refighting old cases?

1039
01:01:19,184 --> 01:01:21,217
No, we're arguing
that the precedents

1040
01:01:21,219 --> 01:01:23,652
- should no longer apply.
- Right. But, Ruth,

1041
01:01:23,654 --> 01:01:25,788
Freund was talking about <i>Brown</i>
<i>v. the Board of Education.</i>

1042
01:01:25,790 --> 01:01:27,557
That's a
once-in-a-generation case.

1043
01:01:27,559 --> 01:01:29,692
Yeah, and we're
the next generation.

1044
01:01:39,238 --> 01:01:41,939
"Equal Protection applies
"to all persons.

1045
01:01:41,941 --> 01:01:45,109
A class in which men and women
share full membership."

1046
01:01:45,111 --> 01:01:46,810
"A divorced man counts the same

1047
01:01:46,812 --> 01:01:48,746
- as a widower."
- You're saying that this guy

1048
01:01:48,748 --> 01:01:51,215
could have married his nurse,
got divorced the next day,

1049
01:01:51,217 --> 01:01:53,217
and then he'd be eligible
for the tax deduction?

1050
01:01:53,219 --> 01:01:54,985
That's totally nuts.

1051
01:01:54,987 --> 01:01:56,654
All right, our client is a man.

1052
01:01:56,656 --> 01:01:58,055
We cannot lose sight of that,

1053
01:01:58,057 --> 01:02:01,558
because men are also harmed
by this stereotype.

1054
01:02:01,560 --> 01:02:03,961
That little boys are told
they can't be nurses,

1055
01:02:03,963 --> 01:02:06,231
they can't be teachers,
they can't be secretaries.

1056
01:02:06,233 --> 01:02:08,099
Or cook dinner
for their families.

1057
01:02:08,101 --> 01:02:10,534
Exactly.
We're counting on you, too.

1058
01:02:10,536 --> 01:02:12,871
...wholly irrational
distinction

1059
01:02:12,873 --> 01:02:16,574
between single sons
and daughters.

1060
01:02:16,576 --> 01:02:17,842
<i>Any tax preparer may have
an invalid parent...</i>

1061
01:02:17,844 --> 01:02:19,577
<i>Any tax preparer
may have an ailing parent,</i>

1062
01:02:19,579 --> 01:02:21,079
- <i>even an unmarried man.</i>
- <i>...unalterable</i>

1063
01:02:21,081 --> 01:02:23,715
<i>biological traits
of birth over which the...</i>

1064
01:02:23,717 --> 01:02:25,650
<i>The principles
of American democracy</i>

1065
01:02:25,652 --> 01:02:26,985
<i>should apply
to men and women equally.</i>

1066
01:02:26,987 --> 01:02:28,988
<i>...arbitrary
and equal treatment</i>

1067
01:02:28,990 --> 01:02:30,356
<i>described by the Constitution.</i>

1068
01:02:30,358 --> 01:02:32,858
<i>The law shouldn't
reward or penalize taxpayers</i>

1069
01:02:32,860 --> 01:02:34,693
<i>for their sex.</i>

1070
01:02:46,040 --> 01:02:48,074
Section 214 draws a line

1071
01:02:48,076 --> 01:02:50,611
solely on the basis of sex.

1072
01:03:03,659 --> 01:03:06,893
Professor Ginsburg,
I finished typing the brief.

1073
01:03:06,895 --> 01:03:09,898
You're a saint, Millicent.

1074
01:03:11,301 --> 01:03:13,869
May I make an observation?

1075
01:03:14,937 --> 01:03:16,170
It's just...

1076
01:03:16,172 --> 01:03:17,939
when I was typing it up,

1077
01:03:17,941 --> 01:03:20,942
jumping out
all over the brief was...

1078
01:03:20,944 --> 01:03:22,676
well...

1079
01:03:22,678 --> 01:03:23,745
sex.

1080
01:03:23,747 --> 01:03:27,215
- Sex, sex, sex, sex, sex, sex, sex.
- Oh.

1081
01:03:27,217 --> 01:03:29,684
- Oh.
- It reeks of hormones

1082
01:03:29,686 --> 01:03:31,285
and back seats, and...

1083
01:03:31,287 --> 01:03:32,989
you know how men are.

1084
01:03:34,325 --> 01:03:37,091
Maybe you should try
a less distracting word.

1085
01:03:37,093 --> 01:03:38,860
Maybe...

1086
01:03:38,862 --> 01:03:40,530
"gender."

1087
01:03:42,632 --> 01:03:44,933
You realize that means...

1088
01:03:44,935 --> 01:03:46,235
That's no problem.

1089
01:03:46,237 --> 01:03:48,270
I'm happy to type it again.

1090
01:03:48,272 --> 01:03:50,039
Thanks.

1091
01:03:50,041 --> 01:03:53,008
<i>Guessing doesn't do us
any good... I need to know</i>

1092
01:03:53,010 --> 01:03:55,144
how many people were
turned away from the polls.

1093
01:03:55,146 --> 01:03:58,013
Yeah, the affiliate
still hasn't sent the list.

1094
01:03:58,015 --> 01:03:59,681
Well, then call Brian Tanner.

1095
01:03:59,683 --> 01:04:01,251
Remind him that we're
on the same team.

1096
01:04:01,253 --> 01:04:03,153
Tell him if he doesn't start
acting like it, I'm gonna fly

1097
01:04:03,155 --> 01:04:05,689
to Wisconsin and personally
rip his throat out myself.

1098
01:04:06,724 --> 01:04:07,857
Melvin.

1099
01:04:07,859 --> 01:04:11,830
Didn't your mother ever
teach you to clean your room?

1100
01:04:12,998 --> 01:04:14,733
Miss Kenyon.

1101
01:04:15,901 --> 01:04:18,234
Time for your annual
dusting-off already?

1102
01:04:20,072 --> 01:04:24,140
In 1776, Abigail Adams
wrote her husband a letter.

1103
01:04:24,142 --> 01:04:27,977
"As you write this
new constitution," she said,

1104
01:04:27,979 --> 01:04:29,813
"remember the ladies."

1105
01:04:29,815 --> 01:04:32,149
You know what that bastard
went ahead and did?

1106
01:04:32,151 --> 01:04:33,718
Well, I can guess.

1107
01:04:40,927 --> 01:04:42,660
"Idaho Statesman."

1108
01:04:42,662 --> 01:04:44,128
You need a hobby.

1109
01:04:44,130 --> 01:04:46,030
These poor people.

1110
01:04:46,032 --> 01:04:49,134
Sally and Cecil Reed, divorced.

1111
01:04:49,136 --> 01:04:50,901
Their son committed suicide.

1112
01:04:50,903 --> 01:04:53,939
Both parents want
to administer his estate.

1113
01:04:53,941 --> 01:04:56,908
In Idaho, the law says,
in this situation,

1114
01:04:56,910 --> 01:04:59,144
males must be preferred
to females.

1115
01:04:59,146 --> 01:05:00,745
Why?

1116
01:05:00,747 --> 01:05:03,748
'Cause men are better at math.

1117
01:05:03,750 --> 01:05:05,750
And the Idaho Supreme Court

1118
01:05:05,752 --> 01:05:08,120
just said
that is perfectly legal.

1119
01:05:08,122 --> 01:05:10,155
Dorothy...
I've got student protestors

1120
01:05:10,157 --> 01:05:12,458
in jail in California.
I got schools in Mississippi

1121
01:05:12,460 --> 01:05:14,059
that still refuse
to desegregate. I...

1122
01:05:14,061 --> 01:05:16,362
You're a sissy.
The Board threatened to can you

1123
01:05:16,364 --> 01:05:18,164
because you stood up
for draft dodgers,

1124
01:05:18,166 --> 01:05:20,967
and you've had your tail
between your legs ever since.

1125
01:05:20,969 --> 01:05:22,468
That-that-that is not...

1126
01:05:22,470 --> 01:05:25,138
We don't have the resources
to take this on.

1127
01:05:25,140 --> 01:05:27,940
I've seen you stand up
to the might of government

1128
01:05:27,942 --> 01:05:31,177
with sling and stone
for what you know to be right.

1129
01:05:31,179 --> 01:05:33,045
And, kid, I loved you for it.

1130
01:05:33,047 --> 01:05:34,947
They're not
gonna fire you, Mel.

1131
01:05:34,949 --> 01:05:36,949
The Board's a bunch
of tired old fools.

1132
01:05:36,951 --> 01:05:38,985
They don't have the nerve
to do it.

1133
01:05:38,987 --> 01:05:42,057
I should know.
I'm one of 'em.

1134
01:05:46,128 --> 01:05:48,495
John Adams forgot the ladies.

1135
01:05:48,497 --> 01:05:52,434
And it's time the ACLU
got back in the fight.

1136
01:05:55,237 --> 01:05:57,305
- Okay.
- Good.

1137
01:05:57,307 --> 01:05:59,440
Now, here's where you start.

1138
01:05:59,442 --> 01:06:01,209
It's a case headed
to the Tenth Circuit.

1139
01:06:01,211 --> 01:06:02,743
It's a professor
out of Rutgers.

1140
01:06:02,745 --> 01:06:04,813
Smart cookie.

1141
01:06:07,150 --> 01:06:09,450
Ruth.

1142
01:06:09,452 --> 01:06:11,886
But nowhere does
the Constitution say

1143
01:06:11,888 --> 01:06:15,523
the federal government
must treat people equally.

1144
01:06:15,525 --> 01:06:19,327
What did the court say
about that, Mrs. Parker?

1145
01:06:19,329 --> 01:06:22,797
That the Due Process Clause
implies that equal protection

1146
01:06:22,799 --> 01:06:25,301
applies to the federal
government as well.

1147
01:06:25,303 --> 01:06:26,535
Can you cite the case?

1148
01:06:26,537 --> 01:06:29,405
<i>Bolling v. Sharpe.</i>

1149
01:06:29,407 --> 01:06:30,838
347 U.S. 497.

1150
01:06:30,840 --> 01:06:32,341
Uh, decided in conjunction

1151
01:06:32,343 --> 01:06:35,377
with <i>Brown v. Board</i>
<i>of Education,</i> 1954.

1152
01:06:35,379 --> 01:06:36,845
Bolling desegregated

1153
01:06:36,847 --> 01:06:39,014
all Washington D.C.'s
public schools.

1154
01:06:39,016 --> 01:06:41,852
Chief Justice Warren,
writing for the court.

1155
01:06:42,987 --> 01:06:46,121
How about it, teach?
Do I get an "A"?

1156
01:06:48,859 --> 01:06:50,527
Well played,
sending that newspaper

1157
01:06:50,529 --> 01:06:52,431
and the brief to Kenyon.

1158
01:06:53,498 --> 01:06:55,966
I thought
she might have advice.

1159
01:06:55,968 --> 01:06:58,535
Cut the shit.
Don't ever do that to me again.

1160
01:06:58,537 --> 01:07:01,271
What do you think of the brief?

1161
01:07:01,273 --> 01:07:03,273
It's a compelling argument.

1162
01:07:03,275 --> 01:07:04,874
Brilliantly reasoned.

1163
01:07:04,876 --> 01:07:07,143
More women than ever
are working now. And why not?

1164
01:07:07,145 --> 01:07:09,413
We have preschools,
we have washing machines,

1165
01:07:09,415 --> 01:07:10,914
cheap contraceptives...

1166
01:07:10,916 --> 01:07:12,483
Yeah, times have changed.

1167
01:07:12,485 --> 01:07:14,452
There's a glaring
problem, though.

1168
01:07:14,454 --> 01:07:17,555
In the unlikely event that
you actually win this thing,

1169
01:07:17,557 --> 01:07:19,257
what's the remedy?

1170
01:07:19,259 --> 01:07:20,558
The court takes away

1171
01:07:20,560 --> 01:07:22,460
the caregiver deduction
for everybody,

1172
01:07:22,462 --> 01:07:24,061
including working mothers.

1173
01:07:24,063 --> 01:07:26,063
- Then you've done more harm than good.
- No.

1174
01:07:26,065 --> 01:07:27,965
Do you remember
Justice Harlan's opinion

1175
01:07:27,967 --> 01:07:31,068
last June
in <i>Welsh v. United States?</i>

1176
01:07:31,070 --> 01:07:32,937
Yeah.

1177
01:07:32,939 --> 01:07:35,440
He said laws could be extended
when doing so would be closer

1178
01:07:35,442 --> 01:07:37,376
to the legislature's intent
than overturning would be.

1179
01:07:37,378 --> 01:07:39,944
Yeah, we're adding
one more section to the brief.

1180
01:07:39,946 --> 01:07:42,981
Urging the court
to extend the law

1181
01:07:42,983 --> 01:07:45,886
to include Charlie
as well as everyone else.

1182
01:07:48,188 --> 01:07:50,088
All right.

1183
01:07:50,090 --> 01:07:53,794
The ACLU is prepared to put
their name on your brief.

1184
01:07:55,062 --> 01:07:56,596
- We appreciate your support.
- Stop.

1185
01:07:56,598 --> 01:07:59,265
I still say I'd rather be
a woman in this country

1186
01:07:59,267 --> 01:08:00,999
than a black man or a...

1187
01:08:01,001 --> 01:08:04,304
socialist
or a religious minority.

1188
01:08:04,306 --> 01:08:07,507
Now, let's talk about
you taking on <i>Reed v. Reed.</i>

1189
01:08:07,509 --> 01:08:09,509
- Oh. Stop. No.
- Well...

1190
01:08:09,511 --> 01:08:12,345
all men in Idaho
are better at math?

1191
01:08:12,347 --> 01:08:15,014
Ruth, I gave you one case.
That's all you get.

1192
01:08:15,016 --> 01:08:18,084
The Moritz argument works just
as well for a female client.

1193
01:08:18,086 --> 01:08:21,522
And Reed's
a state supreme court case,

1194
01:08:21,524 --> 01:08:23,557
which means
the U.S. Supreme Court

1195
01:08:23,559 --> 01:08:25,225
- must hear the appeal.
- I-I told you,

1196
01:08:25,227 --> 01:08:27,028
I don't want
another 50-year battle.

1197
01:08:28,097 --> 01:08:30,230
Call Sally Reed's lawyer, Mel.

1198
01:08:30,232 --> 01:08:32,633
If I were you, I would worry
about my own case.

1199
01:08:32,635 --> 01:08:34,501
And I expect to see
your remedy arguments

1200
01:08:34,503 --> 01:08:36,136
before they go
to the Tenth Circuit.

1201
01:08:36,138 --> 01:08:38,172
And I want to be there
when you practice

1202
01:08:38,174 --> 01:08:39,373
your oral arguments.

1203
01:08:39,375 --> 01:08:41,310
We're doing a moot court.

1204
01:08:42,378 --> 01:08:43,445
No.

1205
01:08:43,447 --> 01:08:46,113
It's not negotiable.

1206
01:08:46,115 --> 01:08:47,147
When?

1207
01:08:47,149 --> 01:08:51,119
Soon as we get the
government's response brief.

1208
01:08:51,121 --> 01:08:54,956
<i>Where did these people
go to law school?</i>

1209
01:08:54,958 --> 01:08:56,991
You can't make
a constitutional challenge

1210
01:08:56,993 --> 01:08:58,693
to the tax laws, can you?

1211
01:08:58,695 --> 01:09:00,462
And who's ever heard
of gender discrimination?

1212
01:09:00,464 --> 01:09:02,030
It's a stretch.

1213
01:09:02,032 --> 01:09:04,232
These folks are running at hell
with a bucket of water.

1214
01:09:04,234 --> 01:09:06,101
Case law is filled
with challenges

1215
01:09:06,103 --> 01:09:09,705
that could not be made...
till they were.

1216
01:09:09,707 --> 01:09:12,441
I'm putting Murphy
on writing our response brief.

1217
01:09:12,443 --> 01:09:15,444
- With due respect, Mr. Brown...
- Not personal, Bozarth.

1218
01:09:15,446 --> 01:09:18,547
But if we're not careful,
this appeal could cast a...

1219
01:09:18,549 --> 01:09:21,684
cloud of unconstitutionality
over every federal law

1220
01:09:21,686 --> 01:09:24,019
that differentiates
between men and women.

1221
01:09:24,021 --> 01:09:28,290
I need someone
more seasoned on this.

1222
01:09:28,292 --> 01:09:31,193
Could you get me
the solicitor general, please?

1223
01:09:31,195 --> 01:09:33,597
I pulled the file.
I deserve the chance.

1224
01:09:33,599 --> 01:09:35,265
Murphy's a weak sister.

1225
01:09:35,267 --> 01:09:37,667
I know how to win
this case, sir.

1226
01:09:37,669 --> 01:09:40,305
Better than Murphy.
Better than anyone.

1227
01:09:41,407 --> 01:09:43,573
You need me on this appeal.

1228
01:09:43,575 --> 01:09:46,009
This is Brown.

1229
01:09:46,011 --> 01:09:48,180
I need to see him.

1230
01:09:50,683 --> 01:09:52,449
Okay.

1231
01:09:52,451 --> 01:09:54,317
Tell me.

1232
01:09:54,319 --> 01:09:56,319
Gender equality
as a civil right?

1233
01:09:56,321 --> 01:09:58,723
When everyone's aggrieved
and everyone's a victim.

1234
01:09:58,725 --> 01:10:01,325
It's what the ACLU does:
divide the country

1235
01:10:01,327 --> 01:10:04,328
into smaller and smaller
subgroups.

1236
01:10:04,330 --> 01:10:07,064
- Ginsburg. Cancer, right?
- Mm-hmm.

1237
01:10:07,066 --> 01:10:10,336
- And the wife, very demanding.
- But smart.

1238
01:10:11,471 --> 01:10:13,104
Ten years.

1239
01:10:13,106 --> 01:10:17,308
Ten years I fought to enroll
women at Harvard Law.

1240
01:10:17,310 --> 01:10:20,612
The faculty, the university,
my wife warned me against it.

1241
01:10:20,614 --> 01:10:24,483
Now I'm solicitor general,
it comes back to haunt me.

1242
01:10:24,485 --> 01:10:27,252
Erwin, we could settle.

1243
01:10:27,254 --> 01:10:29,455
Martin Ginsburg was
one of my best students,

1244
01:10:29,457 --> 01:10:32,357
a practical young man...
we can call him, tell him

1245
01:10:32,359 --> 01:10:35,427
we'll give the man his money
and go our separate ways.

1246
01:10:35,429 --> 01:10:37,029
No. No.

1247
01:10:37,031 --> 01:10:39,465
We settle now,
it's open season.

1248
01:10:39,467 --> 01:10:42,502
Let's put this idea
of gender discrimination to bed

1249
01:10:42,504 --> 01:10:44,102
once and for all.

1250
01:10:44,104 --> 01:10:46,372
They handed us a winnable case.

1251
01:10:46,374 --> 01:10:48,575
Then we'll win it.

1252
01:10:48,577 --> 01:10:50,777
You think he's up to it?

1253
01:10:50,779 --> 01:10:53,313
Oh, Mr. Bozarth
is a fine litigator.

1254
01:10:53,315 --> 01:10:55,114
Tell him your idea.

1255
01:10:55,116 --> 01:10:57,183
We list the laws.

1256
01:10:57,185 --> 01:10:58,551
What laws?

1257
01:10:58,553 --> 01:11:01,187
All of them.

1258
01:11:01,189 --> 01:11:03,189
Every federal law that treats
men and women differently.

1259
01:11:03,191 --> 01:11:05,593
We show the court exactly
what kind of can of worms

1260
01:11:05,595 --> 01:11:06,794
these folks are trying to open.

1261
01:11:06,796 --> 01:11:09,663
But, son,
the last anyone checked,

1262
01:11:09,665 --> 01:11:12,700
the U.S. Code
was 20,000 pages long.

1263
01:11:12,702 --> 01:11:14,535
Who's going to read it? You?

1264
01:11:14,537 --> 01:11:16,704
I can get it done, sir.

1265
01:11:16,706 --> 01:11:18,672
I just need an introduction.

1266
01:11:18,674 --> 01:11:20,674
To whom?

1267
01:11:20,676 --> 01:11:22,478
The Secretary of Defense.

1268
01:11:45,435 --> 01:11:48,671
These computers will
find what we're looking for?

1269
01:11:48,673 --> 01:11:49,839
Yes, sir.

1270
01:11:49,841 --> 01:11:51,373
In just a few days.

1271
01:11:51,375 --> 01:11:53,576
Without any human beings

1272
01:11:53,578 --> 01:11:55,178
actually reading the laws.

1273
01:11:58,583 --> 01:12:01,584
What a horrifying age.

1274
01:12:04,389 --> 01:12:05,855
Ruth Bader Ginsburg?

1275
01:12:05,857 --> 01:12:08,190
Delivery from
the Department of Justice.

1276
01:12:08,192 --> 01:12:09,893
Oh.

1277
01:12:09,895 --> 01:12:12,328
Can someone pass me
Title XXXIII?

1278
01:12:12,330 --> 01:12:14,898
Get this. There's a law
that we're not allowed

1279
01:12:14,900 --> 01:12:17,801
to fly military cargo planes.

1280
01:12:17,803 --> 01:12:19,803
It says here
that we're not allowed

1281
01:12:19,805 --> 01:12:22,306
- to work in mines.
- Why would you want to?

1282
01:12:22,308 --> 01:12:24,675
Well, that's not the point.
We should be allowed.

1283
01:12:24,677 --> 01:12:27,177
You really think you
can change all those laws?

1284
01:12:27,179 --> 01:12:29,179
- Kiki?
- That's the plan.

1285
01:12:29,181 --> 01:12:30,681
Curtain's up in 45 minutes.

1286
01:12:30,683 --> 01:12:32,215
Might be a novel experience

1287
01:12:32,217 --> 01:12:34,217
to get there before it starts
for a change.

1288
01:12:34,219 --> 01:12:37,922
Please tell me
that you are... dressed.

1289
01:12:37,924 --> 01:12:39,924
Hi. What are you doing?

1290
01:12:39,926 --> 01:12:42,627
Government's brief came.

1291
01:12:42,629 --> 01:12:45,765
And look who else is on it.

1292
01:12:48,368 --> 01:12:51,936
I knew Griswold was trying
to get Brown over to the DOJ.

1293
01:12:51,938 --> 01:12:53,771
Looks like that worked.

1294
01:12:53,773 --> 01:12:56,374
- How's it look?
- Check out Appendix E.

1295
01:12:56,376 --> 01:12:58,610
It's every federal law

1296
01:12:58,612 --> 01:13:00,445
that discriminates
on the basis of sex.

1297
01:13:00,447 --> 01:13:03,516
We're looking them all up.
There must be hundreds.

1298
01:13:05,352 --> 01:13:09,388
- Good God.
- Hmm.

1299
01:13:09,390 --> 01:13:12,191
Well, you're convinced
Daugherty will see it our way.

1300
01:13:12,193 --> 01:13:15,494
Well, based on reading
all of his opinions, yes.

1301
01:13:15,496 --> 01:13:18,263
And so will Holloway.

1302
01:13:18,265 --> 01:13:20,532
But the final judge...

1303
01:13:20,534 --> 01:13:22,267
Doyle...

1304
01:13:22,269 --> 01:13:24,570
well, he's going to be
a tougher nut to crack.

1305
01:13:24,572 --> 01:13:27,807
- That's unacceptable.
- We need a unanimous decision

1306
01:13:27,809 --> 01:13:29,341
out of the Tenth Circuit,
James.

1307
01:13:29,343 --> 01:13:32,211
We don't want so-called
gender discrimination

1308
01:13:32,213 --> 01:13:33,947
finding its way
to the Supreme Court.

1309
01:13:33,949 --> 01:13:35,415
Yes, sir, I understand that.

1310
01:13:35,417 --> 01:13:37,250
What-what makes this judge
so difficult?

1311
01:13:37,252 --> 01:13:39,786
Well, ma'am,
he's a civil rights crusader.

1312
01:13:39,788 --> 01:13:41,521
Two years ago,
he ordered Denver

1313
01:13:41,523 --> 01:13:44,959
to start busing black students
to white schools.

1314
01:13:44,961 --> 01:13:47,293
There were protests, arson,

1315
01:13:47,295 --> 01:13:48,696
demands for him
to quit the bench.

1316
01:13:48,698 --> 01:13:51,331
But even after someone threw
a bomb at his house,

1317
01:13:51,333 --> 01:13:52,967
Doyle wouldn't budge.

1318
01:13:52,969 --> 01:13:55,536
In that case,
he was enforcing the law.

1319
01:13:55,538 --> 01:13:58,439
The Ginsburgs
are asking him to make law.

1320
01:13:58,441 --> 01:14:00,574
We need to drive home
the difference.

1321
01:14:00,576 --> 01:14:04,779
Paint the judges a picture
of the America that will exist

1322
01:14:04,781 --> 01:14:06,614
if they rule the wrong way.

1323
01:14:06,616 --> 01:14:10,986
Children running home from
school to find no one's there.

1324
01:14:10,988 --> 01:14:13,989
Mommy's at the office
or on a factory floor.

1325
01:14:13,991 --> 01:14:16,591
Man and woman vie
for the same job,

1326
01:14:16,593 --> 01:14:18,292
she can work for less.

1327
01:14:18,294 --> 01:14:20,294
What is a man
without a paycheck

1328
01:14:20,296 --> 01:14:22,297
to take care of his family?

1329
01:14:22,299 --> 01:14:24,332
What woman would want him?

1330
01:14:24,334 --> 01:14:25,634
Wages would go down.

1331
01:14:25,636 --> 01:14:27,335
Divorce rates would soar.

1332
01:14:27,337 --> 01:14:30,405
The very fabric of our society
would begin to unravel.

1333
01:14:30,407 --> 01:14:32,407
Exactly. The other side
wants this to be

1334
01:14:32,409 --> 01:14:34,777
about the Equal Protection
principle.

1335
01:14:34,779 --> 01:14:36,578
The judges are deciding

1336
01:14:36,580 --> 01:14:38,748
what kind of country,
what kind of society

1337
01:14:38,750 --> 01:14:41,450
they want their children and
grandchildren to grow up in.

1338
01:14:41,452 --> 01:14:44,420
You make sure the court sees

1339
01:14:44,422 --> 01:14:48,691
what's at stake
is the American family.

1340
01:14:48,693 --> 01:14:50,359
Whoa!

1341
01:14:50,361 --> 01:14:52,662
Cool!

1342
01:14:54,532 --> 01:14:55,531
Uh, Mom?

1343
01:14:55,533 --> 01:14:58,334
- Can I be on the jury?
- No, there is no jury

1344
01:14:58,336 --> 01:15:01,370
in federal appeals court,
no witnesses, no evidence.

1345
01:15:01,372 --> 01:15:03,475
Just you and the judges.

1346
01:15:04,543 --> 01:15:05,809
- Gerry!
- Hello.

1347
01:15:05,811 --> 01:15:07,544
- Hello.
- How are you?

1348
01:15:07,546 --> 01:15:09,546
- You remember Jane.
- Hi.

1349
01:15:09,548 --> 01:15:12,850
Jane, my old professor,
Gerald Gunther.

1350
01:15:12,852 --> 01:15:14,885
Come on in.

1351
01:15:14,887 --> 01:15:17,023
Look at you. All grown up.

1352
01:15:19,059 --> 01:15:21,558
- Hello, James.
- Hi.

1353
01:15:21,560 --> 01:15:23,393
- What do you think of our courtroom?
- Huh.

1354
01:15:23,395 --> 01:15:26,798
Well, all that's missing
is Justice holding her scales.

1355
01:15:26,800 --> 01:15:30,502
So, who did Mel find
to be the third judge?

1356
01:15:30,504 --> 01:15:33,705
- Pauli Murray.
- So he's not making it easy for you, huh?

1357
01:15:33,707 --> 01:15:36,007
- Who's Pauli Murray?
- Thurgood Marshall himself

1358
01:15:36,009 --> 01:15:37,509
called Pauli's writings

1359
01:15:37,511 --> 01:15:39,511
the "Bible of
the civil rights movement."

1360
01:15:39,513 --> 01:15:41,913
Gerry.
I come bearing your gavel.

1361
01:15:45,920 --> 01:15:49,722
Counsel for
the appellant, you may proceed.

1362
01:15:49,724 --> 01:15:52,423
Again.

1363
01:15:52,425 --> 01:15:55,360
Your Honors,
and may it please the court.

1364
01:15:55,362 --> 01:15:57,563
Section 214 of the tax code

1365
01:15:57,565 --> 01:16:01,567
covers employed single women
who care for their dependents,

1366
01:16:01,569 --> 01:16:03,569
but excludes Charles Moritz,

1367
01:16:03,571 --> 01:16:06,438
a-a bachelor,
providing the same care.

1368
01:16:06,440 --> 01:16:09,508
My wife stays home
to raise our children.

1369
01:16:09,510 --> 01:16:11,510
Are you saying she's oppressed?

1370
01:16:11,512 --> 01:16:14,413
- No, Judge, but as a man, you may not...
- No, no, no.

1371
01:16:14,415 --> 01:16:16,583
Stop, stop. Stop.
Never make it about the judge.

1372
01:16:16,585 --> 01:16:19,452
You don't think
the judge knows he's a man?

1373
01:16:19,454 --> 01:16:20,687
No, I don't want her to put him
on the defensive

1374
01:16:20,689 --> 01:16:22,889
- about it, though.
- In <i>Brown,</i> we put it out there

1375
01:16:22,891 --> 01:16:24,724
without apology: this is wrong.

1376
01:16:24,726 --> 01:16:27,561
Yeah, no offense,
but Ruth doesn't exactly have

1377
01:16:27,563 --> 01:16:29,696
Thurgood Marshall's, uh...

1378
01:16:29,698 --> 01:16:31,565
Balls?

1379
01:16:31,567 --> 01:16:34,634
- Gravitas.
- Should I... should I start again?

1380
01:16:34,636 --> 01:16:36,503
Unless you think
you won the case already.

1381
01:16:36,505 --> 01:16:39,406
Whenever you're ready.

1382
01:16:39,408 --> 01:16:40,908
Uh, Your Honors,
and may it please the court.

1383
01:16:40,910 --> 01:16:42,476
Section 214 of the tax code

1384
01:16:42,478 --> 01:16:43,911
covers employed single women

1385
01:16:43,913 --> 01:16:45,613
who care for their dependents,

1386
01:16:45,615 --> 01:16:47,615
but excludes Charles Moritz,

1387
01:16:47,617 --> 01:16:49,750
a bachelor,
providing the same care.

1388
01:16:49,752 --> 01:16:52,587
There is no rational basis,
because this...

1389
01:16:52,589 --> 01:16:54,488
Wh-Why is it not rational?

1390
01:16:54,490 --> 01:16:56,557
Men go out; women stay home.

1391
01:16:56,559 --> 01:16:58,994
It's been the way of things
for thousands of years.

1392
01:16:58,996 --> 01:17:02,097
H-Historical justification
was also used to legitimize

1393
01:17:02,099 --> 01:17:04,432
the separation of the races.

1394
01:17:04,434 --> 01:17:06,468
- Now, classification...
- Are you saying

1395
01:17:06,470 --> 01:17:08,604
race and gender are the same?

1396
01:17:10,174 --> 01:17:11,840
W-Well...

1397
01:17:11,842 --> 01:17:13,475
both are...

1398
01:17:13,477 --> 01:17:15,777
unalterable biological traits.

1399
01:17:15,779 --> 01:17:18,480
This nation struggles
to give blacks

1400
01:17:18,482 --> 01:17:20,449
fair representation
throughout society.

1401
01:17:20,451 --> 01:17:22,484
- Can you pass that?
- And you're saying that,

1402
01:17:22,486 --> 01:17:24,653
if we decide
in your client's favor,

1403
01:17:24,655 --> 01:17:27,590
we're committing ourselves
to moving towards half

1404
01:17:27,592 --> 01:17:29,893
of our, I don't know,
firemen being women,

1405
01:17:29,895 --> 01:17:31,828
half our nurses being men?

1406
01:17:31,830 --> 01:17:34,564
But why shouldn't men
be nurses? And if-if women want

1407
01:17:34,566 --> 01:17:36,032
- to fight fires, then...
- What about pilots?

1408
01:17:36,034 --> 01:17:38,801
Yeah, again, if women choose
to take on these roles...

1409
01:17:38,803 --> 01:17:40,037
- Judges?
- Why not?

1410
01:17:40,039 --> 01:17:41,638
CEOs? Generals?

1411
01:17:41,640 --> 01:17:42,907
What about garbagemen?
You want to be a garbageman?

1412
01:17:42,909 --> 01:17:45,776
Well, and if-if men want to be
teachers or raise children...

1413
01:17:45,778 --> 01:17:48,078
- Oh, come on.
- Percentages aren't the point.

1414
01:17:48,080 --> 01:17:50,180
- Wrong.
- People should be able to pursue their passions.

1415
01:17:50,182 --> 01:17:51,749
Wrong, wrong.
You're screwing it up, Ruth!

1416
01:17:51,751 --> 01:17:53,617
Have you...
have you read the appendix

1417
01:17:53,619 --> 01:17:55,185
- attached to their brief?
- You're making the wrong case.

1418
01:17:55,187 --> 01:17:58,222
These are laws written by men
who think we are privileged

1419
01:17:58,224 --> 01:18:00,724
to be excused
from men's obligations.

1420
01:18:00,726 --> 01:18:02,893
But it is not a privilege,
it is a cage,

1421
01:18:02,895 --> 01:18:05,531
and these laws are the bars!

1422
01:18:12,105 --> 01:18:13,905
So, that's it?

1423
01:18:13,907 --> 01:18:17,177
You're gonna take them all on
at the same time?

1424
01:18:22,249 --> 01:18:24,149
You asked the questions.

1425
01:18:24,151 --> 01:18:26,751
Well, it doesn't mean you have
to fucking answer them, Ruth.

1426
01:18:26,753 --> 01:18:29,088
You're making
the government's case for them.

1427
01:18:29,090 --> 01:18:32,724
Look, you either make this case
about one man, or you lose.

1428
01:18:32,726 --> 01:18:34,260
'Cause to the judges,
you're not talking

1429
01:18:34,262 --> 01:18:35,761
about women in the abstract.

1430
01:18:35,763 --> 01:18:37,763
You're talking
about their wives,

1431
01:18:37,765 --> 01:18:40,866
at home, you know,
baking briskets.

1432
01:18:40,868 --> 01:18:42,737
You braise a brisket.
You don't bake it.

1433
01:18:43,805 --> 01:18:46,138
- Perhaps that's enough, Mel.
- No.

1434
01:18:46,140 --> 01:18:48,476
I don't think it is, Gerry.

1435
01:18:49,877 --> 01:18:52,945
Look, when you were a kid,
you were pretty

1436
01:18:52,947 --> 01:18:55,182
and you were smart as a whip,
but you're coming across

1437
01:18:55,184 --> 01:18:57,951
as this bitter, unlikable shrew
that I don't even recognize.

1438
01:18:57,953 --> 01:19:01,121
And if that's who shows up
in Denver, you will blow it.

1439
01:19:01,123 --> 01:19:03,759
And would it kill you to smile?

1440
01:19:04,727 --> 01:19:07,160
That's your advice? Just...

1441
01:19:07,162 --> 01:19:10,630
ignore the judges and smile?

1442
01:19:10,632 --> 01:19:13,569
Pâté is the best
I've ever tasted.

1443
01:19:16,339 --> 01:19:18,039
You could evade.

1444
01:19:18,041 --> 01:19:19,606
Should women be firefighters?

1445
01:19:19,608 --> 01:19:20,640
"With all due respect,
Your Honor,

1446
01:19:20,642 --> 01:19:21,976
"I haven't considered it,

1447
01:19:21,978 --> 01:19:23,277
because my client
isn't a firefighter."

1448
01:19:23,279 --> 01:19:25,179
Or you can redirect.

1449
01:19:25,181 --> 01:19:28,249
"With respect, Judge, this case
is not about firefighters.

1450
01:19:28,251 --> 01:19:29,951
"It's about taxpayers,
and there's nothing

1451
01:19:29,953 --> 01:19:32,987
inherently masculine
about paying taxes."

1452
01:19:32,989 --> 01:19:36,124
Or crack a joke. "Your Honor,
anyone who's raised a child

1453
01:19:36,126 --> 01:19:37,292
"couldn't possibly
be intimidated

1454
01:19:37,294 --> 01:19:38,993
by a burning building."

1455
01:19:38,995 --> 01:19:41,030
And then bring them back to your case.

1456
01:19:41,032 --> 01:19:43,300
Marty, you should do
the oral arguments.

1457
01:19:44,335 --> 01:19:45,700
No, no, no.

1458
01:19:45,702 --> 01:19:47,336
Ruth is the expert
on gender law.

1459
01:19:47,338 --> 01:19:49,004
At least half this case is tax.

1460
01:19:49,006 --> 01:19:52,007
Uh, the most important thing
is that Charles Moritz wins.

1461
01:19:52,009 --> 01:19:53,944
I said no, Mel. Drop it.

1462
01:19:56,614 --> 01:19:58,847
They could split the time.

1463
01:19:58,849 --> 01:20:00,216
Martin goes first,

1464
01:20:00,218 --> 01:20:02,017
focuses the argument on tax.

1465
01:20:02,019 --> 01:20:04,955
Then Ruth steps in,
talks about gender.

1466
01:20:10,328 --> 01:20:12,662
- Pauli, here you go.
- Thank you.

1467
01:20:12,664 --> 01:20:14,330
- Gerry, this is yours.
- Mel. Mel.

1468
01:20:14,332 --> 01:20:16,332
There is no aspect of the law

1469
01:20:16,334 --> 01:20:18,101
at which Ruth Ginsburg
can be bested.

1470
01:20:18,103 --> 01:20:20,703
I don't know how things work
at the ACLU, but if anyone

1471
01:20:20,705 --> 01:20:23,073
at my firm couldn't see that,
they would be fired.

1472
01:20:23,075 --> 01:20:24,375
Objection noted, counselor.

1473
01:20:24,377 --> 01:20:26,676
- She's still arguing half.
- This is her...

1474
01:20:26,678 --> 01:20:27,977
Listen, she's written
a revolutionary argument,

1475
01:20:27,979 --> 01:20:31,182
but brief writing is
an academic's job. Okay?

1476
01:20:31,184 --> 01:20:32,950
Oral arguments require a lawyer

1477
01:20:32,952 --> 01:20:35,219
who can command
a judge's respect.

1478
01:20:35,221 --> 01:20:37,154
A real appellate lawyer.

1479
01:20:38,724 --> 01:20:40,157
Oh, what a team
you're gonna be.

1480
01:20:40,159 --> 01:20:41,425
It was a good experience.

1481
01:20:41,427 --> 01:20:43,260
I think that was
a very productive exercise.

1482
01:20:43,262 --> 01:20:44,862
I have to go to a fund-raiser.

1483
01:20:44,864 --> 01:20:47,098
Pauli, Gerry, you want
to split a cab downtown?

1484
01:20:47,100 --> 01:20:48,601
- Sure.
- Sure.

1485
01:20:50,970 --> 01:20:53,171
- Good team, huh?
- It's good to see you, Gerry.

1486
01:20:53,173 --> 01:20:54,372
Thank you for coming.

1487
01:20:54,374 --> 01:20:56,742
- Bye-bye. - Bye.
- Bye. Great to see you.

1488
01:21:03,117 --> 01:21:04,918
Bye.

1489
01:21:12,693 --> 01:21:14,759
You have such a light touch.

1490
01:21:14,761 --> 01:21:17,762
It... it's just
effortless for you,

1491
01:21:17,764 --> 01:21:21,167
- isn't it?
- Uh... Mel was goading you.

1492
01:21:21,169 --> 01:21:23,369
He was trying to make you
feel overwhelmed. That's...

1493
01:21:23,371 --> 01:21:26,305
Of course he was.
He's a relentless prick.

1494
01:21:26,307 --> 01:21:28,074
But it doesn't change the fact

1495
01:21:28,076 --> 01:21:29,842
- that I'm not ready.
- It's not your fault.

1496
01:21:29,844 --> 01:21:31,244
- You've never done this before.
- Well, is that what

1497
01:21:31,246 --> 01:21:33,915
I'm supposed to tell Charlie
when I blow it in court?

1498
01:21:38,086 --> 01:21:41,221
Do you want <i>Theories in Public</i>
<i>Taxation</i> with you in Denver?

1499
01:21:41,223 --> 01:21:44,424
Who needs a tax reference when you have Marty?

1500
01:21:44,426 --> 01:21:46,393
Did you pack the, uh...

1501
01:21:46,395 --> 01:21:48,095
the <i>Kirk v. Commission</i> brief?

1502
01:21:48,097 --> 01:21:49,363
Yes.

1503
01:21:49,365 --> 01:21:51,365
Rutgers Law.

1504
01:21:51,367 --> 01:21:53,836
It's Mel Wulf for you.

1505
01:21:55,004 --> 01:21:56,471
Just tell him I'm not here.

1506
01:21:56,473 --> 01:21:59,206
I'm sorry, Mr....

1507
01:21:59,208 --> 01:22:01,444
He says it's urgent.

1508
01:22:10,353 --> 01:22:12,820
- Yeah.
- What was so important?

1509
01:22:12,822 --> 01:22:14,355
I'm excited to work with you.

1510
01:22:14,357 --> 01:22:15,757
Ah-ah. Shh, shh. Ah-ah. No.

1511
01:22:15,759 --> 01:22:17,060
I understand.

1512
01:22:18,128 --> 01:22:20,295
She just walked in.

1513
01:22:20,297 --> 01:22:22,032
And to you, too.

1514
01:22:23,367 --> 01:22:24,500
Okay.

1515
01:22:24,502 --> 01:22:26,968
Ruth Ginsburg, Allen Derr.

1516
01:22:26,970 --> 01:22:28,803
How do you do?

1517
01:22:28,805 --> 01:22:30,105
The Supreme Court just
announced they're gonna hear

1518
01:22:30,107 --> 01:22:32,843
<i>Reed v. Reed</i> on appeal
from the Idaho Supreme Court.

1519
01:22:33,978 --> 01:22:36,045
- That's fantastic.
- Mrs. Reed is

1520
01:22:36,047 --> 01:22:37,880
very excited
for the opportunity.

1521
01:22:37,882 --> 01:22:39,882
Uh, Allen's
Sally Reed's lawyer.

1522
01:22:39,884 --> 01:22:43,319
So... is the ACLU gonna help?

1523
01:22:43,321 --> 01:22:45,187
Mm, you told me it was
the right thing to do, right?

1524
01:22:45,189 --> 01:22:46,922
Mel says that
no one knows this area

1525
01:22:46,924 --> 01:22:47,990
of the law better than you.

1526
01:22:47,992 --> 01:22:50,227
You're our secret weapon, Ruth.

1527
01:22:50,229 --> 01:22:51,860
So...

1528
01:22:51,862 --> 01:22:55,766
y-you want me...
in the Supreme Court?

1529
01:22:56,468 --> 01:22:59,336
I, uh... uh...

1530
01:22:59,338 --> 01:23:02,908
I-I told Allen you'd be eager
to help him write his brief.

1531
01:23:06,278 --> 01:23:08,144
Oh.

1532
01:23:08,146 --> 01:23:09,279
Well... basically,

1533
01:23:09,281 --> 01:23:11,815
take the Moritz brief
and swap around the pronouns.

1534
01:23:11,817 --> 01:23:13,284
- Isn't that right?
- Well, it's a...

1535
01:23:13,286 --> 01:23:14,884
little more involved than that.

1536
01:23:14,886 --> 01:23:16,153
Joking.

1537
01:23:16,155 --> 01:23:18,055
All right,
let's start right away.

1538
01:23:18,057 --> 01:23:20,224
Allen, uh, enjoy the city.
You should catch a show

1539
01:23:20,226 --> 01:23:23,160
- while you're here.
- Oh, well, thank you.

1540
01:23:23,162 --> 01:23:25,031
- Yeah.
- Yeah.

1541
01:23:26,165 --> 01:23:27,465
Oh, uh, Kiki and I have

1542
01:23:27,467 --> 01:23:29,166
some stuff to discuss.

1543
01:23:29,168 --> 01:23:31,603
Yes, of course.
I'll-I'll get out of your way.

1544
01:23:31,605 --> 01:23:34,138
Uh, it was a pleasure
meeting you, Ruth.

1545
01:23:34,140 --> 01:23:35,340
Or Kiki.

1546
01:23:35,342 --> 01:23:37,043
Uh... Mel.

1547
01:23:38,178 --> 01:23:40,479
- Oh. Um, I...
- Ah. Don't forget that.

1548
01:23:40,481 --> 01:23:42,849
Mustn't forget that, yeah.

1549
01:23:44,618 --> 01:23:45,851
What a schmuck.

1550
01:23:45,853 --> 01:23:47,853
Let me argue Reed in court.

1551
01:23:47,855 --> 01:23:49,855
- Oh, give me a break.
- I have no less experience

1552
01:23:49,857 --> 01:23:51,256
than Allen Derr
in federal court.

1553
01:23:51,258 --> 01:23:53,025
- You have zero experience.
- If you're gonna use

1554
01:23:53,027 --> 01:23:54,627
- my arguments...
- He's been Sally Reed's lawyer

1555
01:23:54,629 --> 01:23:56,429
for three years;
she trusts him.

1556
01:23:56,431 --> 01:23:59,064
She wouldn't even let me argue
the case. Now, listen to me

1557
01:23:59,066 --> 01:24:01,534
for a second... we have
someone else to discuss.

1558
01:24:01,536 --> 01:24:03,069
Ernie Brown called
this morning.

1559
01:24:03,071 --> 01:24:05,071
In light of Reed going
to the Supreme Court,

1560
01:24:05,073 --> 01:24:07,640
the government wants to settle
the Moritz case for a dollar.

1561
01:24:07,642 --> 01:24:10,076
Reed ups the profile
of our case.

1562
01:24:10,078 --> 01:24:11,577
Th-They're getting nervous.

1563
01:24:11,579 --> 01:24:15,016
I told them you'd be in D.C. on
Monday to sign the paperwork.

1564
01:24:16,885 --> 01:24:19,052
Why would you say that?

1565
01:24:19,054 --> 01:24:20,554
Charlie won't want to settle.

1566
01:24:20,556 --> 01:24:22,088
Well, convince him.

1567
01:24:22,090 --> 01:24:24,325
I will not.

1568
01:24:24,327 --> 01:24:27,561
First, you took half
the argument away from me...

1569
01:24:27,563 --> 01:24:30,631
Nobody took anything away
from you, Ruth.

1570
01:24:30,633 --> 01:24:32,099
You weren't robbed
in the middle of the night.

1571
01:24:32,101 --> 01:24:33,334
All right? I was giving you
this opportunity

1572
01:24:33,336 --> 01:24:36,170
- for the good of the cause.
- You think you gave this to me?

1573
01:24:36,172 --> 01:24:39,039
In fact, I did.
And get your emotions in check.

1574
01:24:39,041 --> 01:24:40,843
You first.

1575
01:24:41,578 --> 01:24:43,077
Allen is gonna be arguing

1576
01:24:43,079 --> 01:24:46,080
in the Supreme Court
that times have changed.

1577
01:24:46,082 --> 01:24:47,549
We can't afford
the Tenth Circuit

1578
01:24:47,551 --> 01:24:49,016
saying that they haven't.

1579
01:24:49,018 --> 01:24:50,918
Nothing would strengthen
the argument more

1580
01:24:50,920 --> 01:24:53,221
- than the appeals court deciding for Charlie.
- Yes,

1581
01:24:53,223 --> 01:24:55,123
that would be very nice,
but here in the real world,

1582
01:24:55,125 --> 01:24:57,092
- with working lawyers...
- You think I can't be persuasive?

1583
01:24:57,094 --> 01:24:58,259
Oh, I've never been
more certain

1584
01:24:58,261 --> 01:25:00,528
about anything
in my life, Ruth.

1585
01:25:00,530 --> 01:25:02,397
You don't get to tell me
when to quit.

1586
01:25:02,399 --> 01:25:04,366
You couldn't even make it
through moot court

1587
01:25:04,368 --> 01:25:05,902
without embarrassing yourself.

1588
01:25:07,003 --> 01:25:10,138
You will lose, Ruth.
And when you do,

1589
01:25:10,140 --> 01:25:12,140
you will set the women's
movement back ten years. More.

1590
01:25:12,142 --> 01:25:14,610
We are dodging a bullet here.

1591
01:25:14,612 --> 01:25:18,182
Are you the only one
that can't see that?

1592
01:25:29,394 --> 01:25:31,961
These are Allen's briefs
from the previous appeals.

1593
01:25:31,963 --> 01:25:34,731
Tie them into the framework
of the Moritz brief.

1594
01:25:34,733 --> 01:25:36,934
I'll review it
when you're done.

1595
01:25:39,505 --> 01:25:42,141
It's a Supreme Court brief.

1596
01:25:43,509 --> 01:25:46,912
I can assign it to someone else
if that's what you'd prefer.

1597
01:26:00,760 --> 01:26:02,460
Oh, and-and, Ruth.

1598
01:26:02,462 --> 01:26:06,032
Uh, the sooner
you call Charlie, the better.

1599
01:26:17,076 --> 01:26:19,545
<i>I had this idea.</i>

1600
01:26:19,547 --> 01:26:20,746
What's that?

1601
01:26:20,748 --> 01:26:23,114
Well, it doesn't matter now.

1602
01:26:23,116 --> 01:26:25,152
Tell me.

1603
01:26:26,620 --> 01:26:29,655
We could have taken Appendix E
from the government's brief,

1604
01:26:29,657 --> 01:26:33,358
that entire comprehensive
list of laws

1605
01:26:33,360 --> 01:26:36,228
that differentiates
between the sexes, and...

1606
01:26:36,230 --> 01:26:38,731
and turn it
into our own hit list.

1607
01:26:38,733 --> 01:26:41,133
We could have started
a special project

1608
01:26:41,135 --> 01:26:43,703
at the ACLU to go after
those laws one by one,

1609
01:26:43,705 --> 01:26:45,438
in the legislature,
in the courts,

1610
01:26:45,440 --> 01:26:49,311
until women and men were
genuinely equal under the law.

1611
01:26:52,180 --> 01:26:55,183
And I've been running around
claiming things have changed.

1612
01:27:38,729 --> 01:27:41,164
Daddy told me about the case.

1613
01:27:44,268 --> 01:27:47,371
Why is Mel Wulf being
such a dick?

1614
01:27:50,107 --> 01:27:51,874
He thinks I'm gonna lose.

1615
01:27:51,876 --> 01:27:54,311
No way, Jose.
Not in my experience.

1616
01:28:02,587 --> 01:28:06,188
As Mr. Moritz's lawyer, I'm...

1617
01:28:06,190 --> 01:28:09,394
I'm ethically bound
to convey him the offer.

1618
01:28:12,597 --> 01:28:17,901
So would you like help taking
apart your life's work, or...

1619
01:28:17,903 --> 01:28:21,473
is that something
you'd rather do by yourself?

1620
01:28:22,808 --> 01:28:24,341
I...

1621
01:28:24,343 --> 01:28:27,346
I know that this case, that...

1622
01:28:31,650 --> 01:28:34,284
...that I disrupted our lives,

1623
01:28:34,286 --> 01:28:36,221
and...

1624
01:28:38,223 --> 01:28:40,223
I'm sorry.

1625
01:28:40,225 --> 01:28:44,096
Sorry for what?
For-for doing your job?

1626
01:28:48,902 --> 01:28:51,736
Who is it for...

1627
01:28:51,738 --> 01:28:54,107
if not for me?

1628
01:28:59,346 --> 01:29:01,512
And they'll say it,
right? That I'm not a cheater,

1629
01:29:01,514 --> 01:29:03,916
- that the law is unfair?
- No, Charlie,

1630
01:29:03,918 --> 01:29:06,384
the government
won't say that on its own.

1631
01:29:06,386 --> 01:29:09,390
But if they don't say it,
how will I have won?

1632
01:29:11,425 --> 01:29:13,959
You-you haven't.

1633
01:29:13,961 --> 01:29:16,397
But you-you get the money.

1634
01:29:18,699 --> 01:29:21,266
What about everyone else?

1635
01:29:21,268 --> 01:29:23,803
When you came to see me,
you said...

1636
01:29:23,805 --> 01:29:26,906
Charlie, the settlement
is only for you.

1637
01:29:26,908 --> 01:29:30,443
No one else can benefit.

1638
01:29:30,445 --> 01:29:32,479
But could we win?

1639
01:29:32,481 --> 01:29:33,713
Well...

1640
01:29:33,715 --> 01:29:35,815
we could, and...

1641
01:29:35,817 --> 01:29:38,453
and the impact
would last generations.

1642
01:29:40,656 --> 01:29:43,356
But the ACLU feels...

1643
01:29:43,358 --> 01:29:46,526
it's best
if you take the offer.

1644
01:29:47,997 --> 01:29:50,831
But you're my lawyer, Ruth.

1645
01:29:50,833 --> 01:29:53,268
What do you think?

1646
01:30:00,243 --> 01:30:02,643
- Ah, Ruth.
- Professor Brown.

1647
01:30:02,645 --> 01:30:03,978
Please come in.

1648
01:30:07,583 --> 01:30:08,850
Dean Griswold.

1649
01:30:08,852 --> 01:30:10,685
Mrs. Ginsburg.

1650
01:30:10,687 --> 01:30:15,423
I'm pleased you found a use
for your Harvard education.

1651
01:30:15,425 --> 01:30:18,595
Actually, what I'm doing now,
I learned at Columbia.

1652
01:30:19,663 --> 01:30:21,563
Ah.

1653
01:30:21,565 --> 01:30:24,566
Ruth was always my most
thoroughly prepared student.

1654
01:30:24,568 --> 01:30:27,736
So much to prove.

1655
01:30:27,738 --> 01:30:31,007
These days, the girls are
as hopeless as the men.

1656
01:30:31,009 --> 01:30:33,876
How's little Jane?

1657
01:30:33,878 --> 01:30:35,644
Not so little.

1658
01:30:35,646 --> 01:30:37,479
And we have another. James.

1659
01:30:37,481 --> 01:30:39,849
Mm, I'm sure
they keep you busy.

1660
01:30:39,851 --> 01:30:41,651
Yes.

1661
01:30:41,653 --> 01:30:43,455
Both of us.

1662
01:30:44,723 --> 01:30:47,392
Ernie has your paperwork ready.

1663
01:30:50,495 --> 01:30:54,031
My client was very excited
about your offer.

1664
01:30:54,033 --> 01:30:56,632
Good. Good.

1665
01:30:56,634 --> 01:30:59,069
He did, however,
have some conditions.

1666
01:30:59,071 --> 01:31:00,671
Conditions?

1667
01:31:00,673 --> 01:31:02,505
What kind of conditions?

1668
01:31:02,507 --> 01:31:04,742
First of all,
he'd like you to forgive

1669
01:31:04,744 --> 01:31:06,309
a hundred percent of the money.

1670
01:31:06,311 --> 01:31:07,911
None of this
one dollar business.

1671
01:31:07,913 --> 01:31:09,379
Yes, well, I'm sure

1672
01:31:09,381 --> 01:31:10,948
we can manage to arrange that.

1673
01:31:10,950 --> 01:31:12,816
And he'd like the government
to concede

1674
01:31:12,818 --> 01:31:14,386
that he did nothing wrong.

1675
01:31:15,955 --> 01:31:17,788
And enter into the court record

1676
01:31:17,790 --> 01:31:19,656
that Section 214
of the tax code

1677
01:31:19,658 --> 01:31:21,658
discriminates
on the basis of sex

1678
01:31:21,660 --> 01:31:24,263
and is therefore
unconstitutional.

1679
01:31:25,331 --> 01:31:27,531
I can't agree to that.

1680
01:31:27,533 --> 01:31:29,067
And you know it.

1681
01:31:29,069 --> 01:31:31,370
Does Mel Wulf know about this?

1682
01:31:33,974 --> 01:31:37,410
Then we'll see you in court.

1683
01:31:47,722 --> 01:31:49,556
Thank you, gentlemen.

1684
01:31:50,625 --> 01:31:52,091
It was a pleasure.

1685
01:32:00,935 --> 01:32:02,835
<i>Your Honors...</i>

1686
01:32:02,837 --> 01:32:04,772
and may it please the court.

1687
01:32:07,842 --> 01:32:11,077
Your Honors...
and may it please the court.

1688
01:32:11,079 --> 01:32:13,479
Your Honors, and may it...

1689
01:32:13,481 --> 01:32:15,949
Section 214 of the tax code.

1690
01:32:15,951 --> 01:32:18,319
Section 214
of the tax code.

1691
01:32:27,729 --> 01:32:29,964
Your Honors...

1692
01:32:29,966 --> 01:32:32,834
and may it please the court.

1693
01:32:59,495 --> 01:33:01,765
Good morning.

1694
01:33:06,971 --> 01:33:08,804
You're ready for this.

1695
01:33:08,806 --> 01:33:11,206
You've been ready for this
your whole life.

1696
01:33:11,208 --> 01:33:13,976
So go in there
and let the judges see

1697
01:33:13,978 --> 01:33:16,547
the Ruth Ginsburg I know.

1698
01:33:21,552 --> 01:33:23,652
- Oh, Professor Brown.
- Marty.

1699
01:33:23,654 --> 01:33:25,889
- Good to see you.
- You remember our daughter Jane.

1700
01:34:07,633 --> 01:34:09,968
- Charlie.
- Good morning.

1701
01:34:09,970 --> 01:34:12,739
- You must be Jane.
- Nice to meet you, Mr. Moritz.

1702
01:34:18,045 --> 01:34:20,178
- Mr. Ginsburg.
- No, uh, Mel Wulf.

1703
01:34:20,180 --> 01:34:22,747
- ACLU.
- That's me. I'm Mr. Ginsburg.

1704
01:34:22,749 --> 01:34:24,484
- Nice to meet you, Charles.
- My pleasure.

1705
01:34:31,591 --> 01:34:33,660
Well, here we are.

1706
01:34:40,868 --> 01:34:42,068
All rise.

1707
01:34:42,070 --> 01:34:45,838
The United States Court of
Appeals for the Tenth Circuit

1708
01:34:45,840 --> 01:34:47,240
is now in session.

1709
01:34:47,242 --> 01:34:51,043
Judges Doyle, Holloway
and Daugherty presiding.

1710
01:34:51,045 --> 01:34:53,182
Be seated.

1711
01:34:56,952 --> 01:35:00,020
You have a century
of case law on your side.

1712
01:35:00,022 --> 01:35:02,191
Just do your job.

1713
01:35:04,560 --> 01:35:05,926
The first case is

1714
01:35:05,928 --> 01:35:08,862
docket number 71-1127.

1715
01:35:08,864 --> 01:35:11,999
<i>Charles Moritz v. Commissioner
of Internal Revenue.</i>

1716
01:35:12,001 --> 01:35:14,102
Each side will have
30 minutes to present.

1717
01:35:14,104 --> 01:35:16,636
When two minutes remain,
the court clerk will rise

1718
01:35:16,638 --> 01:35:20,141
to give warning; when your time
is up, he will sit.

1719
01:35:20,143 --> 01:35:22,276
Counsel for the appellant,

1720
01:35:22,278 --> 01:35:24,948
Mr. Ginsburg, you may proceed.

1721
01:35:28,218 --> 01:35:30,885
Good morning, Your Honors,
and may it please the court.

1722
01:35:30,887 --> 01:35:32,587
Today we are going
to demonstrate

1723
01:35:32,589 --> 01:35:34,822
that Section 214
of the U.S. tax code

1724
01:35:34,824 --> 01:35:37,125
unfairly discriminates
against our client,

1725
01:35:37,127 --> 01:35:38,327
Mr. Charles Moritz,

1726
01:35:38,329 --> 01:35:41,796
because he is a man.

1727
01:35:41,798 --> 01:35:44,632
Congress assumed that

1728
01:35:44,634 --> 01:35:46,268
a caregiver
is most likely a woman.

1729
01:35:46,270 --> 01:35:48,303
Is that so unreasonable?

1730
01:35:48,305 --> 01:35:52,074
If the law says all caregivers
are entitled to a deduction,

1731
01:35:52,076 --> 01:35:54,376
and if the writers,
in the back of their mind,

1732
01:35:54,378 --> 01:35:56,278
thought, well,
this will only apply to women,

1733
01:35:56,280 --> 01:35:58,013
then that would be
an assumption.

1734
01:35:58,015 --> 01:35:59,782
But they went farther
than that, Judge.

1735
01:35:59,784 --> 01:36:01,850
They explicitly list
who qualifies

1736
01:36:01,852 --> 01:36:03,819
- as a caregiver.
- As is their prerogative.

1737
01:36:03,821 --> 01:36:05,821
Yes, but, Judge,
I doubt that you would turn

1738
01:36:05,823 --> 01:36:08,158
the same blind eye if it said
only white caregivers.

1739
01:36:08,160 --> 01:36:10,226
Oh, that's hardly
the same thing.

1740
01:36:10,228 --> 01:36:12,829
Respectfully, we disagree.

1741
01:36:12,831 --> 01:36:14,898
I'm gonna turn it over
to my cocounsel,

1742
01:36:14,900 --> 01:36:16,633
who will discuss the
constitutional questions...

1743
01:36:16,635 --> 01:36:19,571
You're telling us that race
and gender are the same?

1744
01:36:21,807 --> 01:36:23,740
My cocounsel...

1745
01:36:23,742 --> 01:36:25,376
Yes, yes, we'll get to her
in a minute.

1746
01:36:25,378 --> 01:36:28,845
But I'd appreciate an answer
to my question.

1747
01:36:28,847 --> 01:36:30,847
In order for a law
to discriminate,

1748
01:36:30,849 --> 01:36:33,117
it must distinguish
between groups arbitrarily.

1749
01:36:33,119 --> 01:36:34,318
Is that correct?

1750
01:36:34,320 --> 01:36:36,387
My cocounsel will...

1751
01:36:36,389 --> 01:36:37,955
Mr. Ginsburg.

1752
01:36:37,957 --> 01:36:39,725
I have asked you.

1753
01:36:45,765 --> 01:36:47,765
It must be arbitrary. Yes.

1754
01:36:47,767 --> 01:36:50,901
And in this case,
we believe the law is.

1755
01:36:50,903 --> 01:36:53,138
Mr. Moritz is a man
who never married.

1756
01:36:53,140 --> 01:36:54,738
That may make him less likely

1757
01:36:54,740 --> 01:36:56,740
to have childcare
responsibilities,

1758
01:36:56,742 --> 01:36:58,176
but not parent care
responsibilities.

1759
01:36:58,178 --> 01:37:00,846
- And had he been a woman...
- And to your mind,

1760
01:37:00,848 --> 01:37:03,415
classifications of this kind
must always be discriminatory?

1761
01:37:03,417 --> 01:37:04,950
There's some help.
He's asking him

1762
01:37:04,952 --> 01:37:06,284
to make a broad
categorical claim.

1763
01:37:06,286 --> 01:37:07,786
I can't speak to always, Judge.

1764
01:37:07,788 --> 01:37:11,091
I can only speak to this case
and this man.

1765
01:37:12,393 --> 01:37:14,327
Very well.

1766
01:37:14,329 --> 01:37:15,760
Thank you.

1767
01:37:15,762 --> 01:37:17,031
Then speak of him.

1768
01:37:22,871 --> 01:37:26,839
Again, the only distinction
between our client, Mr. Moritz,

1769
01:37:26,841 --> 01:37:30,042
and any other caregiver,
in Judge Daugherty's words,

1770
01:37:30,044 --> 01:37:31,844
is arbitrary.

1771
01:37:31,846 --> 01:37:33,212
Thank you,

1772
01:37:33,214 --> 01:37:36,350
and I cede the remainder
of my time to my cocounsel.

1773
01:38:03,213 --> 01:38:04,947
Your Honors...

1774
01:38:07,484 --> 01:38:10,020
Whenever you're ready,
Mrs. Ginsburg.

1775
01:38:12,923 --> 01:38:15,490
Your Honors,
and may it please the court.

1776
01:38:15,492 --> 01:38:17,759
Section 214

1777
01:38:17,761 --> 01:38:20,462
denies Mr. Moritz
a caregiver tax deduction

1778
01:38:20,464 --> 01:38:24,032
available to similarly
situated women...

1779
01:38:24,034 --> 01:38:26,834
Yes, yes, we've...
we've been through all that.

1780
01:38:26,836 --> 01:38:29,837
Uh, Mrs. Ginsburg,
you are aware

1781
01:38:29,839 --> 01:38:33,377
that the government has
three coequal branches?

1782
01:38:36,781 --> 01:38:39,181
- Mrs. Ginsburg?
- Yes, of course, Your Honor.

1783
01:38:39,183 --> 01:38:43,120
And that it is the
Congress's role to write law?

1784
01:38:45,056 --> 01:38:48,427
Your Honor, I understand
how government works.

1785
01:38:49,994 --> 01:38:51,729
Take it easy, Ruth.

1786
01:38:52,863 --> 01:38:56,499
Well, uh, sometimes a law,
even a good law,

1787
01:38:56,501 --> 01:38:58,902
even a law that is legal
under the Constitution,

1788
01:38:58,904 --> 01:39:01,371
may not be good for every
individual it affects.

1789
01:39:01,373 --> 01:39:03,173
I have a question.

1790
01:39:03,175 --> 01:39:05,275
If I understand correctly,

1791
01:39:05,277 --> 01:39:08,446
you're concerned about men
and women being pigeonholed

1792
01:39:08,448 --> 01:39:10,847
into certain roles
based on gender.

1793
01:39:10,849 --> 01:39:12,283
Yes, that's correct.

1794
01:39:12,285 --> 01:39:13,883
- Because...
- Excuse me.

1795
01:39:13,885 --> 01:39:15,186
Uh, that wasn't my question.

1796
01:39:15,188 --> 01:39:17,321
It strikes me
that the caregiver deduction

1797
01:39:17,323 --> 01:39:19,156
does the opposite.

1798
01:39:19,158 --> 01:39:22,159
It helps women be able to work
outside the home.

1799
01:39:22,161 --> 01:39:24,130
Isn't that a good thing?

1800
01:39:25,298 --> 01:39:27,365
But the law assumes
it must be the woman

1801
01:39:27,367 --> 01:39:30,101
who is supposed to be at home
in the first place.

1802
01:39:30,103 --> 01:39:32,837
Well, that is the case
in every family I know.

1803
01:39:32,839 --> 01:39:34,573
So it's the assumption
that's the problem.

1804
01:39:34,575 --> 01:39:37,008
Then when can a law
differentiate

1805
01:39:37,010 --> 01:39:39,779
on the basis of sex? Never?

1806
01:39:41,048 --> 01:39:44,283
When the classification
rationally relates to the law.

1807
01:39:44,285 --> 01:39:47,419
Keeping women out of combat,
for example.

1808
01:39:47,421 --> 01:39:49,388
I'm not sure whether I agree
with that example...

1809
01:39:49,390 --> 01:39:52,457
Oh, so you think women belong
on the front lines now, too?

1810
01:39:52,459 --> 01:39:54,192
No, that's not what...

1811
01:39:54,194 --> 01:39:56,194
Gender, like race,

1812
01:39:56,196 --> 01:39:58,498
is a biological,
unalterable trait.

1813
01:39:58,500 --> 01:40:01,301
There is nothing that women are
inherently better at than men,

1814
01:40:01,303 --> 01:40:02,435
nor vice versa.

1815
01:40:02,437 --> 01:40:04,304
Growing a beard?

1816
01:40:04,306 --> 01:40:05,338
Well, that's...

1817
01:40:05,340 --> 01:40:07,273
Lactation.

1818
01:40:07,275 --> 01:40:09,275
No thinking person
could possibly imagine

1819
01:40:09,277 --> 01:40:11,344
that Charles Moritz's
gender relates

1820
01:40:11,346 --> 01:40:14,149
to his abilit...

1821
01:40:16,552 --> 01:40:19,152
Why can't we, Mrs. Ginsburg?

1822
01:40:19,154 --> 01:40:22,623
In most households, aren't
women the primary caregivers?

1823
01:40:22,625 --> 01:40:25,091
Aren't men the breadwinners?

1824
01:40:25,093 --> 01:40:27,196
Aren't they?

1825
01:40:33,336 --> 01:40:36,036
Most households,
yes, Your Honor.

1826
01:40:36,038 --> 01:40:38,005
Doesn't that reality suggest

1827
01:40:38,007 --> 01:40:41,043
that that's
the natural order of things?

1828
01:40:46,982 --> 01:40:49,250
Respectfully, Your Honors,
I'd like to reserve

1829
01:40:49,252 --> 01:40:51,987
the remainder of my time
for rebuttal.

1830
01:40:57,260 --> 01:41:00,197
Not sure I followed that.
H-How are we doing?

1831
01:41:04,602 --> 01:41:06,167
It's okay.

1832
01:41:06,169 --> 01:41:07,605
It's not over yet.

1833
01:41:21,319 --> 01:41:25,154
Mr. Bozarth for the appellee,

1834
01:41:25,156 --> 01:41:26,989
- you may proceed.
- Don't let them forget

1835
01:41:26,991 --> 01:41:28,525
what this case is really about.

1836
01:41:28,527 --> 01:41:30,694
You'll be fine.

1837
01:41:30,696 --> 01:41:32,396
Ah, Bozarth.

1838
01:41:32,398 --> 01:41:35,699
The, uh, master of citations.

1839
01:41:35,701 --> 01:41:38,235
That's what my family
calls me, too, Judge.

1840
01:41:41,340 --> 01:41:44,141
Your Honors,
and may it please the court.

1841
01:41:44,143 --> 01:41:45,709
Congress created
this tax deduction

1842
01:41:45,711 --> 01:41:49,246
to help caregivers
go out and work.

1843
01:41:49,248 --> 01:41:51,047
Caregivers.

1844
01:41:51,049 --> 01:41:54,953
Folks that, if they weren't
working, would stay home.

1845
01:41:56,288 --> 01:41:59,457
Now, are we meant
to believe that this man

1846
01:41:59,459 --> 01:42:01,325
would have the skill

1847
01:42:01,327 --> 01:42:03,694
or even the caregiver's
instinct to do that?

1848
01:42:03,696 --> 01:42:05,763
Why can't we believe that?

1849
01:42:05,765 --> 01:42:08,099
Why does an unwed woman
have that instinct

1850
01:42:08,101 --> 01:42:09,700
but not an unwed man?

1851
01:42:09,702 --> 01:42:11,402
Or a widower, for that matter?

1852
01:42:11,404 --> 01:42:13,070
Well, respectfully,
Judge Doyle,

1853
01:42:13,072 --> 01:42:15,473
a widower doesn't choose
to be a caregiver.

1854
01:42:15,475 --> 01:42:16,708
It's thrust upon them.

1855
01:42:16,710 --> 01:42:19,478
And as for women,

1856
01:42:19,480 --> 01:42:21,179
it doesn't take
a legal treatise

1857
01:42:21,181 --> 01:42:23,382
to prove what
a hundred thousand years

1858
01:42:23,384 --> 01:42:25,617
of human history
has made indelibly clear.

1859
01:42:25,619 --> 01:42:28,120
And Congress can write

1860
01:42:28,122 --> 01:42:31,056
the tax code to enforce
this natural law?

1861
01:42:31,058 --> 01:42:33,194
Congress can write
whatever tax code it wants.

1862
01:42:34,128 --> 01:42:35,762
All I'm saying, Judge,

1863
01:42:35,764 --> 01:42:39,298
is that given
the natural order of things,

1864
01:42:39,300 --> 01:42:43,703
this man, Mr. Moritz,
hasn't suffered as a result.

1865
01:42:43,705 --> 01:42:45,405
But the country will suffer

1866
01:42:45,407 --> 01:42:48,075
if the court doesn't find
for the appellee.

1867
01:42:51,379 --> 01:42:53,413
Your Honors, I am certain
there isn't a man among us

1868
01:42:53,415 --> 01:42:56,149
who wouldn't try to ease
his wife's burdens.

1869
01:42:56,151 --> 01:42:58,084
So I don't see
how we can judge negatively

1870
01:42:58,086 --> 01:42:59,787
the members of Congress
who would do the same.

1871
01:42:59,789 --> 01:43:02,522
And I'm not alone in that.

1872
01:43:02,524 --> 01:43:05,058
There is a long and honorable
tradition in the courts

1873
01:43:05,060 --> 01:43:07,128
of upholding laws
like this one.

1874
01:43:08,364 --> 01:43:10,431
I, for one, would rather see
my government err

1875
01:43:10,433 --> 01:43:12,668
on the side
of caring too much...

1876
01:43:14,504 --> 01:43:15,736
...of trying too hard

1877
01:43:15,738 --> 01:43:18,539
to help the ladies
of this country,

1878
01:43:18,541 --> 01:43:22,276
rather than to be indifferent
to their unique burdens.

1879
01:43:22,278 --> 01:43:24,247
Now, maybe Mr. Moritz
disagrees.

1880
01:43:25,414 --> 01:43:27,682
Or maybe he just
doesn't like paying taxes.

1881
01:43:29,085 --> 01:43:30,552
Personally,
I don't believe that.

1882
01:43:30,554 --> 01:43:33,122
I believe that Charles Moritz
is a victim.

1883
01:43:34,391 --> 01:43:36,123
Not of his government,

1884
01:43:36,125 --> 01:43:39,160
but of the lawyers
who have used his case

1885
01:43:39,162 --> 01:43:40,731
to achieve their own ends.

1886
01:43:42,099 --> 01:43:45,835
Radical social change.

1887
01:43:50,307 --> 01:43:53,476
We rest our case
on our briefs and argument,

1888
01:43:53,478 --> 01:43:57,313
and ask that the court uphold
the tax court's decision.

1889
01:43:57,315 --> 01:43:59,149
Thank you.

1890
01:44:11,596 --> 01:44:13,462
Counsel for the appellant,

1891
01:44:13,464 --> 01:44:17,135
you have four minutes
for rebuttal.

1892
01:44:27,212 --> 01:44:29,748
Counsel for the appellant?

1893
01:44:39,593 --> 01:44:41,360
Counselor.

1894
01:44:54,708 --> 01:44:58,879
"Radical social change."

1895
01:45:05,653 --> 01:45:09,688
When I was in law school,
there was no women's bathroom.

1896
01:45:14,362 --> 01:45:17,563
It's amazing to me now
that we never complained.

1897
01:45:17,565 --> 01:45:20,199
Not because we were timid;
we were just astounded

1898
01:45:20,201 --> 01:45:23,469
to be in law school at all.

1899
01:45:23,471 --> 01:45:27,373
A hundred years ago, Myra
Bradwell wanted to be a lawyer.

1900
01:45:27,375 --> 01:45:29,274
She had fulfilled
the requirements

1901
01:45:29,276 --> 01:45:30,944
for the Illinois bar,

1902
01:45:30,946 --> 01:45:32,946
but she wasn't allowed
to practice

1903
01:45:32,948 --> 01:45:35,214
because she was a woman.

1904
01:45:35,216 --> 01:45:39,421
An injustice she asked
the Supreme Court to correct.

1905
01:45:40,856 --> 01:45:43,690
Illinois was so confident
of victory,

1906
01:45:43,692 --> 01:45:47,762
they didn't even send a lawyer
to argue their side.

1907
01:45:47,764 --> 01:45:49,562
They were right.

1908
01:45:49,564 --> 01:45:50,933
She lost.

1909
01:45:53,335 --> 01:45:56,671
That was the first time
someone went to court

1910
01:45:56,673 --> 01:46:01,742
to challenge his or her
prescribed gender role.

1911
01:46:01,744 --> 01:46:03,880
A hundred years ago.

1912
01:46:07,316 --> 01:46:09,918
"Radical... social...

1913
01:46:09,920 --> 01:46:12,221
change."

1914
01:46:15,291 --> 01:46:18,627
65 years ago,
when women in Oregon

1915
01:46:18,629 --> 01:46:20,762
wanted to work overtime
and make more money,

1916
01:46:20,764 --> 01:46:23,865
as men could, the court looked
to the precedent in Bradwell

1917
01:46:23,867 --> 01:46:25,267
and said no.

1918
01:46:25,269 --> 01:46:28,603
So then there were
two precedents.

1919
01:46:28,605 --> 01:46:31,908
Then three, then four,
and on and on,

1920
01:46:31,910 --> 01:46:34,276
and you can draw a direct line

1921
01:46:34,278 --> 01:46:36,344
from Myra Bradwell
to Gwendolyn Hoyt,

1922
01:46:36,346 --> 01:46:37,947
told ten years ago

1923
01:46:37,949 --> 01:46:41,519
she was not entitled
to a jury of her peers.

1924
01:46:42,821 --> 01:46:44,954
That is the legacy

1925
01:46:44,956 --> 01:46:47,690
the government asks you
to uphold today.

1926
01:46:47,692 --> 01:46:51,027
You are being urged
to protect the culture

1927
01:46:51,029 --> 01:46:53,463
and traditions and morality

1928
01:46:53,465 --> 01:46:56,301
of an America
that no longer exists.

1929
01:46:58,904 --> 01:47:00,671
A generation ago,

1930
01:47:00,673 --> 01:47:03,640
my students would have been
arrested for indecency

1931
01:47:03,642 --> 01:47:05,843
for wearing the clothes
that they do.

1932
01:47:05,845 --> 01:47:08,812
65 years ago,

1933
01:47:08,814 --> 01:47:10,080
it would have been unimaginable

1934
01:47:10,082 --> 01:47:12,518
that my daughter
would aspire to a career.

1935
01:47:14,887 --> 01:47:17,755
And a hundred years ago...

1936
01:47:17,757 --> 01:47:21,627
I would not have the right
to stand before you.

1937
01:47:31,938 --> 01:47:35,406
There are 178 laws
that differentiate

1938
01:47:35,408 --> 01:47:37,408
on the basis of sex.
Count them.

1939
01:47:37,410 --> 01:47:40,879
The government did the favor
of compiling them for you.

1940
01:47:40,881 --> 01:47:43,848
And while you're at it...

1941
01:47:43,850 --> 01:47:46,684
I urge you to read them.

1942
01:47:46,686 --> 01:47:50,623
They're obstacles
to our children's aspirations.

1943
01:47:50,625 --> 01:47:53,926
You're asking us to overturn
nearly a century of precedent.

1944
01:47:53,928 --> 01:47:56,695
I'm asking you
to set a new precedent,

1945
01:47:56,697 --> 01:48:00,132
as courts have done before
when the law is outdated.

1946
01:48:00,134 --> 01:48:01,867
But in those cases,
the courts had

1947
01:48:01,869 --> 01:48:03,437
a clear constitutional handle.

1948
01:48:04,772 --> 01:48:08,707
The word "woman"
does not appear even once

1949
01:48:08,709 --> 01:48:11,345
in the U.S. Constitution.

1950
01:48:12,513 --> 01:48:16,718
Nor does the word "freedom,"
Your Honor.

1951
01:48:31,901 --> 01:48:33,733
Go on...

1952
01:48:33,735 --> 01:48:36,039
Professor Ginsburg.

1953
01:48:41,611 --> 01:48:45,012
The principal purpose
of Section 214

1954
01:48:45,014 --> 01:48:47,048
is not to protect women

1955
01:48:47,050 --> 01:48:49,050
nor to discriminate
against men.

1956
01:48:49,052 --> 01:48:51,853
It is to provide caregivers
the opportunity

1957
01:48:51,855 --> 01:48:53,621
to work outside the home.

1958
01:48:53,623 --> 01:48:57,159
Therefore, as the Supreme Court
did in <i>Levy v. Louisiana,</i>

1959
01:48:57,161 --> 01:48:59,627
this court should fix the law

1960
01:48:59,629 --> 01:49:02,764
most in line
with the legislative intent.

1961
01:49:02,766 --> 01:49:05,636
Extend the deduction
to never-married men.

1962
01:49:06,503 --> 01:49:09,607
Help all caregivers equally.

1963
01:49:13,577 --> 01:49:16,912
Charles Moritz was well-raised
to be the sort of man

1964
01:49:16,914 --> 01:49:19,949
we should all hope our sons
will become.

1965
01:49:19,951 --> 01:49:23,485
Charlie deserves
our admiration.

1966
01:49:23,487 --> 01:49:25,822
Not only has he
taken on the burden

1967
01:49:25,824 --> 01:49:29,792
of caring for his
very strong-willed mother

1968
01:49:29,794 --> 01:49:32,195
when no one would
expect it of him,

1969
01:49:32,197 --> 01:49:36,599
but in doing so, he has
surpassed the limitations

1970
01:49:36,601 --> 01:49:39,736
the rest of us and our laws

1971
01:49:39,738 --> 01:49:42,805
seek to force upon him.

1972
01:49:42,807 --> 01:49:46,043
We're not asking you
to change the country.

1973
01:49:46,045 --> 01:49:49,914
That's already happened
without any court's permission.

1974
01:49:49,916 --> 01:49:54,820
We're asking you to protect the
right of the country to change.

1975
01:49:58,524 --> 01:50:02,127
Our sons and daughters
are barred by law

1976
01:50:02,129 --> 01:50:04,095
from opportunities
based on assumptions

1977
01:50:04,097 --> 01:50:05,629
about their abilities.

1978
01:50:05,631 --> 01:50:07,798
How will they ever disprove
these assumptions

1979
01:50:07,800 --> 01:50:12,569
if laws like Section 214
are allowed to stand?

1980
01:50:12,571 --> 01:50:15,040
We all must take these laws on,

1981
01:50:15,042 --> 01:50:17,676
one by one,
for as long as it takes,

1982
01:50:17,678 --> 01:50:19,711
for their sakes.

1983
01:50:19,713 --> 01:50:22,247
You have the power
to set the precedent

1984
01:50:22,249 --> 01:50:25,217
that will get us started.

1985
01:50:25,219 --> 01:50:28,755
You can right this wrong.

1986
01:50:39,000 --> 01:50:43,035
We rest our case
on our briefs and argument,

1987
01:50:43,037 --> 01:50:44,770
and ask...

1988
01:50:44,772 --> 01:50:49,142
that you reverse
the tax court's decision.

1989
01:51:13,035 --> 01:51:14,968
Kiki!

1990
01:51:14,970 --> 01:51:16,636
That was perfect.

1991
01:51:16,638 --> 01:51:19,639
- That was perfect.
- We don't even know who won.

1992
01:51:19,641 --> 01:51:21,878
Doesn't matter.
It was right.

1993
01:51:22,946 --> 01:51:25,213
This is just the beginning.

1994
01:51:25,215 --> 01:51:26,314
Mm!

1995
01:51:26,316 --> 01:51:27,882
I'm gonna go gloat.

1996
01:51:30,620 --> 01:51:33,021
- Martin. Thank you.
- Of course, Charles.

1997
01:51:33,023 --> 01:51:34,822
Jane.

1998
01:51:34,824 --> 01:51:37,058
Ruth, I...

1999
01:51:37,060 --> 01:51:39,230
- We'll be in touch.
- Yeah.

2000
01:51:54,211 --> 01:51:55,946
You did it.

2001
01:51:57,048 --> 01:51:59,317
We did it.

2002
01:52:02,686 --> 01:52:04,953
Oh, and I say we celebrate

2003
01:52:04,955 --> 01:52:08,058
and go pick up James
and get some pizza.

2004
01:52:19,371 --> 01:52:21,638
<i>We'll hear arguments next</i>

2005
01:52:21,640 --> 01:52:23,274
<i>in number four,</i>
Reed against Reed...

2006
01:52:23,276 --> 01:52:26,243
<i>...next in, uh, 71-1694,</i>

2007
01:52:26,245 --> 01:52:28,979
Frontiero against Laird.

2008
01:52:28,981 --> 01:52:31,215
...Weinberger
against Wiesenfeld.

2009
01:52:31,217 --> 01:52:32,749
...Khan against Shell.

2010
01:52:32,751 --> 01:52:35,252
...Edwards
against Healy <i>and others.</i>

2011
01:52:37,256 --> 01:52:38,756
<i>Mrs. Ginsburg.</i>

2012
01:52:38,758 --> 01:52:40,391
<i>Mr. Chief Justice,</i>

2013
01:52:40,393 --> 01:52:41,926
<i>and may it please the court.</i>

2014
01:52:41,928 --> 01:52:46,897
<i>Amicus views this case as kin</i>
<i>to</i> Reed v. Reed, <i>404 U.S.</i>

2015
01:52:46,899 --> 01:52:48,266
<i>The sex criterion stigmatizes</i>

2016
01:52:48,268 --> 01:52:52,137
<i>when it is used to limit
hours of work for women only.</i>

2017
01:52:52,139 --> 01:52:55,307
<i>It assumes that all women
are preoccupied</i>

2018
01:52:55,309 --> 01:52:56,408
<i>with home and children.</i>

2019
01:52:56,410 --> 01:52:58,877
<i>These distinctions have
a common effect.</i>

2020
01:52:58,879 --> 01:53:02,080
<i>They help keep woman
in her place,</i>

2021
01:53:02,082 --> 01:53:04,883
<i>a place inferior
to that occupied by men.</i>

2022
01:53:04,885 --> 01:53:06,818
<i>The law must stop using sex</i>

2023
01:53:06,820 --> 01:53:08,987
<i>as a shorthand
for functional description.</i>

2024
01:53:08,989 --> 01:53:11,290
<i>The judgment enjoins
enforcement of the statute</i>

2025
01:53:11,292 --> 01:53:14,826
<i>insofar as it discriminates
on the basis of sex.</i>

2026
01:53:14,828 --> 01:53:17,096
<i>...practical effect,
laws of this quality</i>

2027
01:53:17,098 --> 01:53:19,298
<i>help to keep women
not on a pedestal,</i>

2028
01:53:19,300 --> 01:53:21,000
<i>but in a cage.</i>

2029
01:53:21,002 --> 01:53:25,438
<i>Sarah Grimké said,
"I ask no favor for my sex.</i>

2030
01:53:25,440 --> 01:53:28,040
<i>"All I ask of our brethren</i>

2031
01:53:28,042 --> 01:53:31,846
<i>is that they take their feet
off our necks."</i>

2032
02:00:06,360 --> 02:00:11,360
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