Eng RBG (2018)

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MICHAEL SAVAGE:
<i>This witch. This evildoer. This monster.</i>

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MARK LEVIN:
<i>She has no respect for the traditions</i>

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<i>of our Constitution, none.</i>

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DONALD TRUMP:
<i>An absolute disgrace to the Supreme Court .</i>

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RICK WILES:
<i>She's one of the most vile human beings.</i>

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SCOTT LIVELY:
<i>She's very wicked, yeah.</i>

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MICHAEL SAVAGE:
<i>She's anti-American.</i>

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BILL O'REILLY:
<i>She's a zombie.</i>

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<i>The woman's a zombie,
Ruth Bader Ginsburg.</i>

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RUTH BADER GINSBURG:
<i>I ask no favor for my sex.</i>

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All I ask of our brethren...

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is that they take their feet off
our necks.

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♪ ♪

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♪ ♪

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♪ ♪

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♪ ♪

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Twenty-six, 25, 24, 23,
21, 20, 19

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♪ ♪

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ANNOUNCER:
Justice Ruth Bader Ginsburg.

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[CROWD CHEERING]

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♪ ♪

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- NINA TOTENBERG: How's your health?
- Uh, I'm feeling just fine.

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Here now to comment
is Ruth Bader Ginsburg.

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[CROWD CHEERING] [LAUGHING]

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TOTENBERG:<i> It's an amazing thing
to see somebody in her 80s</i>

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- become such an icon.
- Do you mind signing this copy?

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I am 84 years old and everyone
wants to take a picture with me.

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She is really when you come
right down to it,

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the closest thing
to a superhero, I know.

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♪ ♪

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They call her Notorious RBG,
that's her rap name.

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- Notorious R...
- RBG.

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Yeah, no, no, RGB... RBG right.

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♪ <i>The notorious...</i> ♪

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NEWS ANCHOR:
<i>Supreme Court Justice,</i>

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<i>Ruth Bader Ginsburg getting
a lot of attention</i>

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<i>after she delivered
a scathing dissent.</i>

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Whether you agree with her
or not, you got to acknowledge

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she's been a force
on that Court.

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Liberal hero,
Ruth Bader Ginsburg.

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As much as people admire her,

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they don't even know
the half of it.

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KATHLEEN PERATIS:
<i>She was the queen.</i>

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HARRY EDWARDS:
<i>Ruth knew what she was doing</i>

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<i>in laying the foundation.</i>

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ARTHUR MILLER:<i> To put women on
exactly the same plane as men.</i>

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TOTENBERG:
<i>Ruth Bader Ginsburg</i>

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<i>quite literally changed the way
the world is for American women.</i>

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Twelve, 11, ten, nine, eight,
seven, six, five...

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JOE BIDEN: Today the Senate
judiciary committee welcomes

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Judge Ruth Bader Ginsburg,

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the president's nominee
to be associate justice

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of the 'United States Supreme Court'.

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♪ ♪

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Judge do you swear the testimony
you are about to give

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will be the whole truth
and nothing but the truth,

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so help you God?

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- I do, Mr. Chairman.
- Thank you.

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I am a Brooklynite,
born and bred...

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a first-generation American
on my father's side...

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barely second-generation
on my mother's.

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What has become of me
could happen...

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only in America.

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[PIANO MUSIC]

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♪ ♪

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RUTH:<i> Neither of my parents had
the means to attend college,</i>

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<i>but both taught me
to love learning...</i>

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<i>to care about people...</i>

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<i>and to work hard for whatever
I wanted or believed in.</i>

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RUTH: <i>My father was
from Odessa</i>

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<i>and during his growing up years,</i>

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<i>Jews were no longer admitted
to the Russian schools.</i>

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Education
was terribly important.

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<i>My mother was loving
but also very strict,</i>

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making sure I that I did my...
homework, practice the piano,

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didn't stay out jumping rope
too long.

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[LAUGHING]

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<i>I loved to do the things
that boys did,</i>

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<i>when I was growing up.</i>

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One of our favorite things
was climbing garage roofs

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from one roof to another,
leaping...

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leaping over.

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Justice Ginsburg,
we cannot call Ruth.

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- Right.
- We call her Kiki.

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ANN KITTENER:
<i>She was beautiful.</i>

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<i>Big beautiful blue eyes,
which you really can't see</i>

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<i>very well behind her glasses,
very soft brown hair.</i>

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<i>She had this kind
of quiet magnetism</i>

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<i>even though she was
not effusive.</i>

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HARYETTE HELSEL: <i>You always
thought that she wasn't listening</i>

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<i>and that she didn't know
what was going on</i>

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but she knew what was going on.

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- She didn't do small talk.
- No, no small talk.

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And she didn't do girl chat
and she didn't get on the phone

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<i>and talk with us about what
happened on the weekend.</i>

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She's a deep thinker.

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- She's an only child.
- No...

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She had a sister, I didn't know
her sister.

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- Her sister passed away.
- Right.

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HELSEL: <i>But she and her mom
were very close,</i>

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<i>very, very close.</i>

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RUTH:
<i>My mother died when I was 17.</i>

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I wish I could've had her...
longer.

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Well, her mother must have been
a very steely person

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because she had cancer
a long time

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and... and lived

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trying to get her child
through high school.

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KITTENER: <i>We were supposed to be
at graduation.</i>

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<i>And then the night before
we got a message</i>

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<i>that she would not be able
to be part of this.</i>

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We knew then that her mother had
passed away.

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RUTH:<i> She had two... lessons
that she repeated over and over.</i>

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<i>"Be a lady..."</i>

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<i>and "be independent."</i>

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<i>"Be a lady" meant don't allow
yourself to be overcome</i>

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<i>by useless emotions like anger.</i>

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And by "independent,"
she meant...

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it would be fine if you met
prince charming

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and lived happily ever after.
But...

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be able to fend for yourself.

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In my lifetime, I expect to see
three, four,

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perhaps even more women
on theHigh Court bench.

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Women not shaped
from the same mold,

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but of different complexions.

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I surely would not be
in this room today...

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without the determined efforts

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of men and women who kept dreams
of equal citizenship alive.

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I have had the great good
fortune to share life...

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with a partner.

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Truly extraordinary
for his generation...

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a man who believed at age 18,
when we met,

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that a woman's work,

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whether at home or on the job...

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is as important as a man's.

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<i>I became a lawyer... in days...</i>

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<i>when women were not wanted</i>

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<i>by most members
of the legal profession.</i>

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<i>I became a lawyer because Marty
supported that choice...</i>

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<i>unreservedly.</i>

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[PIANO MUSIC]

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♪ ♪

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TOTENBERG:
So what was it about Marty?

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[CROWD LAUGHING]

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RUTH: <i>Marty and I met
when I was 17, he was 18.</i>

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<i>I was in college.</i>

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<i>Cornell was a preferred school for...</i>

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<i>for daughters.</i>

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♪ ♪

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<i>In those days, there was
a strict quota for women.</i>

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<i>There were four men
to every woman...</i>

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so for parents, Cornell was
the ideal place to send a girl.

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If she couldn't find
her man there, she was hopeless.

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[LAUGHING]

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My first semester at Cornell,
I never did a repeat date.

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[LAUGHING]

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[APPLAUSE]

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RUTH: <i>But then I met Marty,
and there was something</i>

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<i>amazingly wonderful
about this man.</i>

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<i>He was the first boy I ever knew
who cared that I had a brain.</i>

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<i>Most guys in the '50s didn't.</i>

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<i>One of the sadnesses
about the brilliant girls</i>

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<i>who attended Cornell is
that they kind of suppressed</i>

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<i>how smart they were.</i>

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<i>But Marty was so confident
of his own ability...</i>

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<i>so comfortable with himself,</i>

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<i>that he never regarded me
as any kind of a threat.</i>

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We all were struck
by the tremendous difference

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between Marty... and Ruth.

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<i>Marty was the most gregarious,
outgoing, life-of-the-party.</i>

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<i>Ruth was a really quite...</i>

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<i>recessive in a way...</i>

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shy, quiet, soft voice
but they worked, they worked.

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Oh, he's so young.

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RUTH:<i> Meeting Marty...</i>

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was by far the most fortunate
thing that ever happened to me.

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Marty was a man blessed
with a wonderful sense of humor.

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I tend to be rather sober.

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<i>In those days, it was not
a great time for our country.</i>

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<i>There was a red scare abroad
in the land.</i>

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Are you a member
of the communist party

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or have you ever been a member
of the communist party?

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It's unfortunate and tragic
that I have to teach

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this committee
the principles of Americanism.

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CHAIRMAN:
That's not the question.

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RUTH:
<i>I had a government professor</i>

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<i>and he wanted me to see
that our country was straying</i>

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<i>from its most basic values</i>

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<i>by some of our politicians</i>

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<i>who were seeing a communist
in every closet.</i>

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<i>But that there were lawyers,</i>

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<i>who were defending the rights
of these people to think,</i>

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<i>to speak, to write freely.</i>

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CHAIRMAN: Stand away
from the stand!

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Fight for the bill of rights
you're trying to destroy.

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CHAIRMAN: Officer, take this
man away from the stand.

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RUTH: <i>And then I got the idea
that you could do something</i>

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<i>that would make your society
a little better.</i>

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<i>My family had some reservations
about this...</i>

199
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<i>but then when I married
at the end of college,</i>

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<i>my family said, if she wants
to be a lawyer let her try.</i>

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<i>If she can't succeed...</i>

202
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<i>she will have a husband
to support her.</i>

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That's me waiting to get
my diploma, very happy.

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- Yeah, see? That's a nice one.
- That's cute. Yeah.

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So, we have a whole slew
of pictures.

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They took them from every
possible angle.

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You know who that is?

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No.

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- It's Dean Minow.
- Oh. Dean Minow is so small.

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We're the same height!

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She's not that small,
she's probably taller than you.

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There's somebody in there.

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CLARA SPERA:<i> My brother and
cousins and I all call her bubbe.</i>

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<i>It's the Yiddish word
for grandmother.</i>

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It's what we've always
called bubbe.

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- SPERA: Bubbe!
- Yes?

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SPERA: Do you know if you have
fake sugar like Splenda

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- or sweet and low?
- Yes, it should be someplace...

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SPERA: That's helpful.

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<i>I feel like I have</i>

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my grandmotherly relationship
with her but also somewhat

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of a student scholarly
relationship to her as well now.

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<i>She taught me that the way
to win an argument</i>

224
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<i>is not to yell.</i>

225
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Because often that will turn
people away more so,

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than bringing them
to your table.

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SPERA: I don't know
what that says...

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I can't tell if...

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for extraordinary dedication
to the Harvard Law School

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and efforts on its behalf.

231
00:14:30,926 --> 00:14:33,434
You know, this was
the 200th year of Harvard.

232
00:14:33,715 --> 00:14:36,973
So, it took 200 years for us...
We were the first class

233
00:14:37,009 --> 00:14:38,642
that was 50/50 women.

234
00:14:39,278 --> 00:14:41,715
So 50 percent men...
we were the first class.

235
00:14:42,273 --> 00:14:44,419
It takes 200... no. Yeah.

236
00:14:45,765 --> 00:14:46,765
[PIANO MUSIC]

237
00:14:46,934 --> 00:14:51,835
♪ ♪

238
00:14:53,137 --> 00:14:55,928
MILLER: <i>Women did not come
into the Harvard Law School</i>

239
00:14:55,963 --> 00:14:57,997
<i>until the very early '50s.</i>

240
00:14:58,793 --> 00:15:02,134
<i>Two percent was about what
it was back then.</i>

241
00:15:02,887 --> 00:15:06,762
How did it feel to be one
of nine women in a class of...

242
00:15:08,415 --> 00:15:10,238
over 500 men?

243
00:15:14,473 --> 00:15:17,216
<i>You felt you were constantly
on display.</i>

244
00:15:17,777 --> 00:15:19,718
<i>So if you were called on
in class,</i>

245
00:15:20,301 --> 00:15:22,902
<i>you felt that, if you didn't
perform well,</i>

246
00:15:23,488 --> 00:15:26,725
<i>that you were failing not just
for yourself but for all women.</i>

247
00:15:27,340 --> 00:15:29,328
<i>You also had
the uncomfortable feeling</i>

248
00:15:29,363 --> 00:15:31,324
<i>that you were being watched.</i>

249
00:15:32,432 --> 00:15:33,819
American antitrust policy...

250
00:15:33,855 --> 00:15:35,000
BRENDA FEIGEN:
<i>Harvard was a Socratic method.</i>

251
00:15:35,035 --> 00:15:36,769
So the professor would ask
a question

252
00:15:36,804 --> 00:15:39,340
and then you would be called on
to answer.

253
00:15:39,785 --> 00:15:42,209
<i>The way it worked with women
was they didn't call on us.</i>

254
00:15:42,245 --> 00:15:43,989
<i>I think they were afraid,
we would sort of wither</i>

255
00:15:44,024 --> 00:15:46,553
<i>if we were subjected
to that kind of questioning.</i>

256
00:15:47,887 --> 00:15:50,613
RUTH: <i>When I was sent to check
a periodical, in Lamont Library</i>

257
00:15:50,649 --> 00:15:53,678
in the old periodical room.

258
00:15:54,313 --> 00:15:55,396
There was...

259
00:15:55,670 --> 00:15:58,420
a man at the door and he said,
"you can't come in."

260
00:15:58,631 --> 00:16:00,967
"Well, why can't I come in?"
"Because you're a female."

261
00:16:01,163 --> 00:16:05,545
There was nothing I could say,
this was a university employee,

262
00:16:05,599 --> 00:16:08,358
you can't come into that room.

263
00:16:09,459 --> 00:16:11,830
RUTH: <i>And then there was
the Dean's famous dinner</i>

264
00:16:11,866 --> 00:16:13,906
<i>for the women in the
first year class.</i>

265
00:16:14,639 --> 00:16:18,959
<i>He asked each of us to stand up
and tell him what we were doing</i>

266
00:16:19,464 --> 00:16:20,810
taking a seat...

267
00:16:21,498 --> 00:16:23,577
that could be occupied by a man.

268
00:16:25,338 --> 00:16:27,639
RUTH:
<i>There were many indignities</i>

269
00:16:27,678 --> 00:16:31,397
<i>that one took as just part
of the scenery the way it was.</i>

270
00:16:37,489 --> 00:16:38,690
<i>When I got to Harvard Law School</i>

271
00:16:38,725 --> 00:16:41,010
<i>and I'm really
intimidated first year,</i>

272
00:16:41,046 --> 00:16:42,064
<i>Marty was saying,</i>

273
00:16:42,100 --> 00:16:44,681
<i>"Oh my wife. She's going to be
on the 'Law Review'."</i>

274
00:16:44,717 --> 00:16:48,764
<i>There was a woman in the class
ahead of mine and she said,</i>

275
00:16:49,491 --> 00:16:51,713
<i>"this husband of
yours is boasting"</i>

276
00:16:51,749 --> 00:16:53,045
<i>that you're going to be
on the 'Law Review',</i>

277
00:16:53,080 --> 00:16:54,780
<i>"you look like a little twerp!"</i>

278
00:16:55,467 --> 00:16:58,392
To make the' Law Review',
in those days you had to be

279
00:16:58,428 --> 00:17:04,209
in the top 25 academically,
of 530, 540.

280
00:17:05,077 --> 00:17:07,936
<i>Her second year she makes
the 'Law Review'.</i>

281
00:17:08,357 --> 00:17:12,663
So the mere fact marked her
as something special.

282
00:17:14,313 --> 00:17:15,639
RUTH:<i> It turned out,</i>

283
00:17:15,936 --> 00:17:19,638
<i>that I did very well
the first year and I attributed</i>

284
00:17:20,209 --> 00:17:23,609
<i>to having something
very important in my life</i>

285
00:17:23,644 --> 00:17:25,944
<i>that wasn't the law books.</i>

286
00:17:28,686 --> 00:17:32,920
<i>I came to Harvard as the mother
of a 14 month old child.</i>

287
00:17:34,020 --> 00:17:36,303
<i>I'd go to school...</i>

288
00:17:36,856 --> 00:17:38,314
<i>study as hard as I can,</i>

289
00:17:38,350 --> 00:17:41,994
<i>in a very concentrated way,
I didn't waste any time.</i>

290
00:17:42,733 --> 00:17:45,772
<i>Four o'clock in the afternoon
our babysitter left</i>

291
00:17:46,100 --> 00:17:47,366
<i>and that was...</i>

292
00:17:47,936 --> 00:17:50,530
<i>my child's hours till she went...</i>

293
00:17:51,404 --> 00:17:52,413
<i>to sleep.</i>

294
00:17:54,504 --> 00:17:56,249
<i>Playing with my daughter</i>

295
00:17:56,803 --> 00:17:57,985
<i>gave me a respite</i>

296
00:17:58,021 --> 00:18:01,631
<i>from the kind of work
I was doing at law school...</i>

297
00:18:02,615 --> 00:18:05,030
<i>and I think made me more sane.</i>

298
00:18:09,025 --> 00:18:11,021
MILLER:
<i>We knew that Marty was ill.</i>

299
00:18:11,795 --> 00:18:14,727
<i>We just knew he had
his own battle</i>

300
00:18:15,444 --> 00:18:19,295
<i>and Ruth is now caring
for both Marty and Janey.</i>

301
00:18:21,053 --> 00:18:23,811
RUTH: <i>Marty in his third
year of law school</i>

302
00:18:24,418 --> 00:18:26,194
<i>had a virulent cancer</i>

303
00:18:27,053 --> 00:18:29,994
<i>in days when
there was no chemotherapy,</i>

304
00:18:30,030 --> 00:18:32,155
<i>there was only massive radiation.</i>

305
00:18:34,850 --> 00:18:36,618
<i>He'd go for the radiation,</i>

306
00:18:37,232 --> 00:18:38,828
<i>wake up about midnight</i>

307
00:18:38,864 --> 00:18:41,975
<i>when the only food that
he ate for the day</i>

308
00:18:42,851 --> 00:18:44,567
<i>he could manage.</i>

309
00:18:46,163 --> 00:18:49,995
<i>And then I started typing
the notes that his classmates</i>

310
00:18:50,030 --> 00:18:51,697
<i>had given me from his classes,</i>

311
00:18:52,358 --> 00:18:56,384
<i>reading whatever cases
I would read for the next day</i>

312
00:18:56,420 --> 00:18:59,116
<i>and maybe I got two hours sleep.</i>

313
00:19:00,239 --> 00:19:01,784
TOTENBERG:
<i>She did her own work,</i>

314
00:19:01,820 --> 00:19:03,405
<i>helped her husband
with his work,</i>

315
00:19:03,545 --> 00:19:06,413
<i>organized his friends so they
could help him with his work</i>

316
00:19:06,506 --> 00:19:08,670
<i>and took care
of her two year old child.</i>

317
00:19:09,615 --> 00:19:11,772
<i>Fortunately Marty lived...</i>

318
00:19:12,303 --> 00:19:15,944
<i>but it's when she learned how to
burn the candle at both ends.</i>

319
00:19:17,096 --> 00:19:21,533
♪ ♪

320
00:19:24,681 --> 00:19:29,369
♪ ♪

321
00:19:32,725 --> 00:19:35,188
JIM GINSBURG:<i> One of the memories
of my childhood would be</i>

322
00:19:35,224 --> 00:19:37,002
<i>waking up in the middle
of the night</i>

323
00:19:37,038 --> 00:19:39,627
and there mom would be spread
out over the dining room table

324
00:19:39,663 --> 00:19:45,314
with her legal pads, uh, and,
uh, the coffee in one hand,

325
00:19:45,350 --> 00:19:47,117
and the box of prunes
at the other.

326
00:19:47,499 --> 00:19:52,891
She will work until two, three,
four, five in the morning

327
00:19:52,926 --> 00:19:55,561
sometimes even, uh, later,

328
00:19:56,124 --> 00:19:58,416
<i>then she will get up,
she has a sitting</i>

329
00:19:58,452 --> 00:20:01,233
<i>she would have to be
at the Court before nine,</i>

330
00:20:01,900 --> 00:20:03,936
and then she sleeps
the entire weekend.

331
00:20:05,023 --> 00:20:06,286
So she catches up.

332
00:20:06,322 --> 00:20:07,681
[LAUGHING]

333
00:20:09,069 --> 00:20:11,643
LISA FRELINGHUYSEN: <i>The sweet
thing about working for a justice</i>

334
00:20:11,678 --> 00:20:13,189
<i>who works extremely hard</i>

335
00:20:13,225 --> 00:20:16,428
is that we saw Marty come
to chambers often...

336
00:20:16,964 --> 00:20:19,032
to lure her home.

337
00:20:19,952 --> 00:20:23,322
<i>He would say, "Ruth, it's time
to come home to dinner."</i>

338
00:20:23,874 --> 00:20:27,178
<i>She sometimes had to be
physically brought home.</i>

339
00:20:30,139 --> 00:20:33,232
MILLER: <i>Marty graduated
from the Harvard Law School</i>

340
00:20:33,631 --> 00:20:36,602
<i>and was going to a firm
in New York.</i>

341
00:20:37,288 --> 00:20:40,014
<i>That was when Ruth finished
her second year,</i>

342
00:20:40,761 --> 00:20:41,761
given Marty,

343
00:20:41,842 --> 00:20:45,319
given his recent illness,
they had to remain together,

344
00:20:45,379 --> 00:20:47,212
and the logical place
was New York

345
00:20:47,247 --> 00:20:49,381
and the best option
was Columbia.

346
00:20:52,014 --> 00:20:54,319
RUTH: <i>When I graduated
from Columbia law school</i>

347
00:20:54,355 --> 00:20:55,874
<i>in 1959,</i>

348
00:20:56,553 --> 00:21:00,147
<i>not a law firm in the entire
city of New York</i>

349
00:21:00,299 --> 00:21:01,686
<i>would employ me.</i>

350
00:21:03,163 --> 00:21:06,564
MILLER: <i>Four of us
from my class, Marty's class,</i>

351
00:21:06,600 --> 00:21:07,866
<i>went to the same law firm</i>

352
00:21:08,475 --> 00:21:11,342
<i>and two of us went
to the hiring partner</i>

353
00:21:12,108 --> 00:21:13,538
<i>and said...</i>

354
00:21:14,030 --> 00:21:16,174
we had somebody on the
<i>Harvard Law Review</i>

355
00:21:16,209 --> 00:21:18,710
that we think is the cat's meow,

356
00:21:18,999 --> 00:21:21,592
we think this firm should hire her.

357
00:21:22,709 --> 00:21:25,491
As soon as I used the "she"
pronoun...

358
00:21:26,881 --> 00:21:29,786
the senior partner looked at me
and says, "young man..."

359
00:21:30,374 --> 00:21:32,444
you don't seem to understand.

360
00:21:32,975 --> 00:21:34,795
"This firm doesn't hire women."

361
00:21:35,508 --> 00:21:37,975
She hadn't quite figured out,

362
00:21:38,190 --> 00:21:40,235
why it was that there were
these barriers.

363
00:21:40,271 --> 00:21:43,368
It wasn't until later
that this all came together

364
00:21:43,403 --> 00:21:46,138
- and became her life's work in,
- yes.

365
00:21:46,399 --> 00:21:48,896
In fighting these injustices.

366
00:21:50,451 --> 00:21:53,599
RUTH: <i>Being a woman
was an impediment.</i>

367
00:21:57,516 --> 00:21:59,151
FEIGEN:<i>We did not have
equal rights</i>

368
00:21:59,186 --> 00:22:02,654
<i>and equal recognition
in the law at all.</i>

369
00:22:03,801 --> 00:22:07,491
TOTENBERG:<i> There were not
hundreds but thousands of state</i>

370
00:22:07,527 --> 00:22:11,691
and federal laws all over
this country that discriminated

371
00:22:11,732 --> 00:22:12,965
on the basis of gender.

372
00:22:13,000 --> 00:22:16,268
Typical laws of the time like,

373
00:22:16,770 --> 00:22:23,108
"the husband is the master
of the community."

374
00:22:23,660 --> 00:22:27,488
He shall choose where the family
will live

375
00:22:28,069 --> 00:22:31,965
"and the woman is obliged to follow him."

376
00:22:32,482 --> 00:22:37,317
♪ ♪

377
00:22:54,805 --> 00:22:57,474
There's no aspect
of American life

378
00:22:57,715 --> 00:23:00,045
in which you were not treated differently.

379
00:23:00,301 --> 00:23:01,762
The idea was that...

380
00:23:02,488 --> 00:23:05,645
men were the breadwinners
that counted

381
00:23:06,087 --> 00:23:07,707
and women were...

382
00:23:08,454 --> 00:23:10,145
pin money earners.

383
00:23:10,923 --> 00:23:14,872
So women woke up and complained.

384
00:23:14,912 --> 00:23:15,981
[JANIS JOPLIN] ♫

385
00:23:16,017 --> 00:23:21,177
♪ One of these mornings ♪

386
00:23:21,400 --> 00:23:29,400
♪ You're gonna rise, rise up singing ♪

387
00:23:31,520 --> 00:23:37,554
♪ You're gonna spread your wings, ♪

388
00:23:37,644 --> 00:23:43,358
♪ Child and take, take to the sky ♪

389
00:23:43,460 --> 00:23:46,570
♪ Lord, the sky ♪

390
00:23:46,973 --> 00:23:51,270
There came to be such a mass
and a majority of women really

391
00:23:51,551 --> 00:23:55,239
who understood that
they were not crazy,

392
00:23:55,278 --> 00:23:56,703
the system was crazy.

393
00:23:56,739 --> 00:24:00,070
GLORIA STEINEM: Now, thanks to the
spirit of equality in the air,

394
00:24:00,106 --> 00:24:03,241
I no longer accept
society's judgment

395
00:24:03,424 --> 00:24:05,379
that my group is second class.

396
00:24:07,122 --> 00:24:09,447
WENDY WILLIAMS: <i>But marching
and demonstrating</i>

397
00:24:09,483 --> 00:24:11,168
<i>just wasn't Ruth's thing.</i>

398
00:24:11,770 --> 00:24:15,497
<i>Her thing was to use the skills
she had and put them to work</i>

399
00:24:15,922 --> 00:24:18,028
and those were her legal skills.

400
00:24:18,184 --> 00:24:22,094
In 1963, she started at Rutgers
as a law professor.

401
00:24:22,613 --> 00:24:25,079
And really inspired
by her students,

402
00:24:25,137 --> 00:24:26,707
<i>she agreed to teach a course</i>

403
00:24:26,801 --> 00:24:29,201
<i>in this new subject of
gender and law.</i>

404
00:24:29,236 --> 00:24:30,936
RUTH:
<i>In the late 60's,</i>

405
00:24:31,676 --> 00:24:35,278
<i>some of the students wanted
a course in women and the law.</i>

406
00:24:35,876 --> 00:24:37,840
WILLIAMS:<i> That's also when...</i>

407
00:24:37,997 --> 00:24:41,580
<i>she began dealing
with sex discrimination cases.</i>

408
00:24:42,231 --> 00:24:46,062
<i>And that was her entré
into becoming a litigator.</i>

409
00:24:46,848 --> 00:24:49,965
ARYEH NEIER: <i>The emergence
of a women's rights movement</i>

410
00:24:50,207 --> 00:24:54,707
<i>had the possibility of playing
the role in the 1970s</i>

411
00:24:54,778 --> 00:24:58,029
<i>that the black civil rights
movement had played</i>

412
00:24:58,064 --> 00:24:59,262
in the 1960s.

413
00:24:59,575 --> 00:25:03,869
And so I was particularly eager
to create a special project

414
00:25:03,904 --> 00:25:05,762
dealing with women's rights.

415
00:25:05,918 --> 00:25:09,707
I got a call from the WACLU
asking me if I would consider

416
00:25:09,747 --> 00:25:11,461
running the women's rights
project

417
00:25:11,497 --> 00:25:13,661
with professor Ruth Bader Ginsburg.

418
00:25:13,864 --> 00:25:15,814
Whom I had heard
of but I did not know.

419
00:25:16,450 --> 00:25:18,457
<i>I met Ruth the first day
I was there.</i>

420
00:25:18,551 --> 00:25:23,188
<i>She seemed very polite and quiet
and reserved. Not a firebrand.</i>

421
00:25:23,918 --> 00:25:27,661
NEIER: <i>She wouldn't speak up
a great deal during meetings.</i>

422
00:25:27,879 --> 00:25:30,715
<i>She always addressed
whatever point there was.</i>

423
00:25:30,770 --> 00:25:34,012
There wasn't any peripheral
element of it.

424
00:25:34,590 --> 00:25:36,590
- BETSY WEST: No small talk.
- No small talk.

425
00:25:37,003 --> 00:25:38,450
None that I can recall.

426
00:25:40,072 --> 00:25:42,109
FEIGEN:
<i>At that point in time,</i>

427
00:25:42,145 --> 00:25:45,143
<i>Ruth was developing
her philosophy to take cases</i>

428
00:25:45,178 --> 00:25:46,645
<i>that would make good law.</i>

429
00:25:46,997 --> 00:25:50,176
If the case is going to be
on its way to the Supreme Court,

430
00:25:50,450 --> 00:25:53,185
we wanted to be involved
and we wanted to...

431
00:25:53,220 --> 00:25:55,453
Frankly, take over the case.

432
00:25:56,205 --> 00:25:57,573
TOTENBERG: <i>She was following
in the footsteps</i>

433
00:25:57,608 --> 00:25:59,958
<i>of the great civil rights lawyer
Thurgood Marshall, who was</i>

434
00:26:00,395 --> 00:26:03,528
<i>the architect of the battle
for racial equality</i>

435
00:26:03,840 --> 00:26:06,298
<i>basing it on the clause
of the Constitution</i>

436
00:26:06,333 --> 00:26:09,403
<i>that guarantees equal
protection of the law.</i>

437
00:26:09,918 --> 00:26:13,801
<i>She wanted it to apply
to equal protection for women.</i>

438
00:26:15,442 --> 00:26:18,465
My first argument before
the U.S. Supreme Court

439
00:26:18,745 --> 00:26:21,418
was in Frontiero v. Richardson.

440
00:26:21,799 --> 00:26:26,337
♪ ♪

441
00:26:29,161 --> 00:26:33,317
SHARRON FRONTIERO:
<i>I was, way back in the 1970s, a...</i>

442
00:26:33,848 --> 00:26:35,629
second lieutenant in the air force.

443
00:26:37,504 --> 00:26:40,899
<i>I went in the military
because I needed the money.</i>

444
00:26:41,809 --> 00:26:44,375
AIR FORCE AD: <i>Who says a woman
has to settle for a routine job</i>

445
00:26:44,411 --> 00:26:45,918
<i>just because she's a woman?</i>

446
00:26:46,012 --> 00:26:49,754
<i>Discover the United States air force
and you'll discover the world.</i>

447
00:26:50,309 --> 00:26:53,421
FRONTIERO: <i>I was newly out
of college, this was a new job,</i>

448
00:26:53,457 --> 00:26:56,497
I had just married, so
it was the start of

449
00:26:57,106 --> 00:26:58,351
new everything.

450
00:27:00,739 --> 00:27:05,507
<i>It became clear pretty quickly
that the men I was working with</i>

451
00:27:05,543 --> 00:27:07,742
<i>who were married got
a housing allowance</i>

452
00:27:07,778 --> 00:27:10,328
<i>and I wasn't getting paid
a housing allowance</i>

453
00:27:10,363 --> 00:27:12,106
<i>'cause I was a woman.</i>

454
00:27:13,332 --> 00:27:15,200
<i>I assumed it was a mistake</i>

455
00:27:16,020 --> 00:27:20,411
<i>so I went off to the pay office
to correct the mistake.</i>

456
00:27:21,145 --> 00:27:23,341
"You're lucky we let you
in here at all.

457
00:27:24,028 --> 00:27:27,979
You're lucky that the air force
allows you to serve,"

458
00:27:28,528 --> 00:27:31,239
was what I heard
right off the bat.

459
00:27:31,418 --> 00:27:33,250
It took me aback and then
I figured,

460
00:27:33,286 --> 00:27:37,968
well you know, here's one bigot,
so I'll just keep asking around

461
00:27:38,004 --> 00:27:39,958
and it became very clear
very quickly

462
00:27:39,993 --> 00:27:42,193
that there was no
different story.

463
00:27:42,942 --> 00:27:46,351
<i>So we went to see a lawyer
and I still thought it was</i>

464
00:27:46,387 --> 00:27:49,520
<i>a matter of getting a lawyer
to write a letter for me.</i>

465
00:27:49,731 --> 00:27:52,031
<i>Just write a letter,
have the right information.</i>

466
00:27:52,067 --> 00:27:54,817
<i>I'm clearly in the same
category as these other men.</i>

467
00:27:55,343 --> 00:27:56,641
<i>The lawyer said to me,</i>

468
00:27:56,676 --> 00:27:58,848
"this isn't an administrative error."

469
00:27:59,098 --> 00:28:00,126
This is the law

470
00:28:00,473 --> 00:28:02,879
and it's going to have to
be rectified with a lawsuit

471
00:28:03,121 --> 00:28:05,424
"and if you're willing,
we'll take you on."

472
00:28:05,997 --> 00:28:08,090
FEIGEN:
<i>Ruth and I heard about it</i>

473
00:28:08,457 --> 00:28:12,324
<i>and immediately let the lawyer
for Sharron frontiero</i>

474
00:28:12,359 --> 00:28:13,817
<i>know we were interested.</i>

475
00:28:13,957 --> 00:28:17,067
It was very important to us
to have a part in that case.

476
00:28:17,855 --> 00:28:19,695
FRONTIERO:
<i>Nice girls didn't file lawsuits.</i>

477
00:28:19,731 --> 00:28:23,902
<i>Particularly after they had been
let into the service at all.</i>

478
00:28:23,937 --> 00:28:25,500
You know, what more did I want?

479
00:28:25,536 --> 00:28:28,231
Well, I just wanted to be
treated like everybody else did.

480
00:28:28,278 --> 00:28:31,231
But there was the sense
and there still is the sense,

481
00:28:31,301 --> 00:28:33,122
that nice girls don't speak up,

482
00:28:33,507 --> 00:28:35,707
nice girls don't make demands.

483
00:28:37,416 --> 00:28:39,303
Ah well,

484
00:28:40,207 --> 00:28:41,293
too bad.

485
00:28:42,467 --> 00:28:45,036
<i>It went to the District Court
in Alabama.</i>

486
00:28:45,325 --> 00:28:49,728
<i>We lost and the next Court
to go to was the Supreme Court.</i>

487
00:28:50,426 --> 00:28:53,786
FEIGEN:<i>Ruth and I set to work
to write the brief.</i>

488
00:28:54,028 --> 00:28:57,046
I would write a section
and Ruth would take it

489
00:28:57,082 --> 00:29:00,832
and it would come back in
a wonderfully brilliant fashion.

490
00:29:01,090 --> 00:29:02,984
<i>Every word of it
was carefully...</i>

491
00:29:03,020 --> 00:29:05,668
<i>I mean Ruth went over
every single word.</i>

492
00:29:08,984 --> 00:29:11,965
<i>What we wanted was
a review of cases</i>

493
00:29:12,348 --> 00:29:15,253
<i>that the Court would say, sex
discrimination doesn't work.</i>

494
00:29:16,028 --> 00:29:19,059
And it would be a broad command
basically to legislatures

495
00:29:19,179 --> 00:29:22,793
to get rid of statutes
that discriminate on the basis

496
00:29:23,023 --> 00:29:24,957
of... of gender.

497
00:29:25,442 --> 00:29:29,489
<i>But she also added to make
the point much more poignant,</i>

498
00:29:29,567 --> 00:29:32,028
<i>the history of women and
the way we were treated</i>

499
00:29:32,078 --> 00:29:34,872
<i>throughout America
and its beginnings.</i>

500
00:29:35,783 --> 00:29:43,408
♪ ♪

501
00:29:45,439 --> 00:29:51,369
♪ ♪

502
00:29:53,407 --> 00:29:56,343
<i>She captured for the
male members of the Court</i>

503
00:29:56,379 --> 00:29:58,465
<i>what it was like to be
a second class citizen.</i>

504
00:29:59,736 --> 00:30:07,736
♪ ♪

505
00:30:13,670 --> 00:30:16,059
WILLIAMS:
<i>Frontiero went to the Court.</i>

506
00:30:16,575 --> 00:30:18,616
<i>Ruth Ginsburg, for the first time,</i>

507
00:30:18,651 --> 00:30:20,231
<i>made an oral argument.</i>

508
00:30:20,316 --> 00:30:22,585
<i>She split her time with the lawyer,</i>

509
00:30:22,661 --> 00:30:25,786
the man who had begun the case
in Alabama.

510
00:30:28,984 --> 00:30:31,262
RUTH:
<i>It was an afternoon argument.</i>

511
00:30:32,049 --> 00:30:34,012
<i>So I was first up
in the afternoon</i>

512
00:30:34,048 --> 00:30:36,994
<i>and I didn't dare have lunch
that day.</i>

513
00:30:37,704 --> 00:30:39,286
FEIGEN:
<i>She seemed nervous.</i>

514
00:30:39,363 --> 00:30:42,160
<i>Her eyes were wide with sort
of anticipation.</i>

515
00:30:47,090 --> 00:30:52,848
<i>It's very intense and austere
and important</i>

516
00:30:53,386 --> 00:30:54,593
<i>and very male</i>

517
00:30:54,629 --> 00:30:56,286
<i>and it's the whole thing
feels like.</i>

518
00:30:57,176 --> 00:30:59,754
I was... I was really kind
of scared.

519
00:31:01,418 --> 00:31:03,466
<i>We sat down at the counsel table</i>

520
00:31:03,770 --> 00:31:06,364
<i>and had all these huge casebooks</i>

521
00:31:06,399 --> 00:31:08,566
<i>for me to help her with cites.</i>

522
00:31:08,965 --> 00:31:12,036
And the Court began
with the " Oyez! Oyez!"

523
00:31:12,072 --> 00:31:14,391
and the "here we are."

524
00:31:15,106 --> 00:31:18,582
COURT OFFICER:<i> Oyez! Oyez! Oyez!</i>

525
00:31:19,217 --> 00:31:20,629
<i>All persons having business</i>

526
00:31:20,665 --> 00:31:22,562
<i>before the Supreme Court
of the United States</i>

527
00:31:22,598 --> 00:31:25,450
<i>are admonished to draw near
and give their attention</i>

528
00:31:25,485 --> 00:31:27,348
<i>for the Court is now sitting.</i>

529
00:31:29,918 --> 00:31:33,458
- CHIEF JUSTICE: <i>Mrs. Ginsburg.</i>
- RUTH:<i> I was terribly, terribly</i>

530
00:31:33,494 --> 00:31:35,293
<i>nervous but then I looked up</i>

531
00:31:35,777 --> 00:31:37,293
<i>at the justices</i>

532
00:31:38,332 --> 00:31:41,379
<i>and I thought,
"I have a captive audience."</i>

533
00:31:42,222 --> 00:31:44,623
<i>I knew that I was speaking
to men,</i>

534
00:31:44,770 --> 00:31:46,804
<i>who didn't think
there was any such thing</i>

535
00:31:46,840 --> 00:31:49,307
<i>as gender-based discrimination.</i>

536
00:31:49,950 --> 00:31:53,653
<i>And my job was to tell them
it really exists.</i>

537
00:32:00,784 --> 00:32:03,853
RUTH:

538
00:32:51,075 --> 00:32:55,615
There was not a single question.
I just went on speaking

539
00:32:55,942 --> 00:32:57,927
and I, at the time...

540
00:32:59,099 --> 00:33:00,462
wondered,

541
00:33:00,498 --> 00:33:04,474
"are they just indulging
me and not listening"

542
00:33:05,536 --> 00:33:07,396
or am I telling them something

543
00:33:08,044 --> 00:33:09,620
they haven't heard before

544
00:33:09,656 --> 00:33:11,591
"and are they paying attention?"

545
00:33:13,685 --> 00:33:16,419
FEIGEN: <i>The justices were
just glued to her.</i>

546
00:33:16,696 --> 00:33:18,161
<i>I don't think they were</i>

547
00:33:18,271 --> 00:33:21,318
<i>expecting to have to deal
with something as powerful</i>

548
00:33:21,357 --> 00:33:26,391
as a sheer force of her argument
that was just all-encompassing

549
00:33:26,427 --> 00:33:28,641
and they were there to talk
about a little statute

550
00:33:28,677 --> 00:33:31,541
in the government code.
I mean, it was just...

551
00:33:31,615 --> 00:33:35,200
we seized the moment
to change American society.

552
00:33:37,021 --> 00:33:39,250
RUTH: <i>In asking the Court
to declare sex</i>

553
00:33:39,285 --> 00:33:41,386
<i>a suspect criterion...</i>

554
00:33:42,274 --> 00:33:47,302
<i>we urge a position forcibly
stated in 1837 by Sara Grimke,</i>

555
00:33:47,922 --> 00:33:49,189
<i>noted abolitionist</i>

556
00:33:49,853 --> 00:33:52,234
<i>and advocate of equal rights
for men and women.</i>

557
00:33:53,118 --> 00:33:54,151
<i>She said,</i>

558
00:33:54,273 --> 00:33:57,371
<i>"I ask no favor for my sex."</i>

559
00:33:58,313 --> 00:34:00,453
"All I ask of our brethren"

560
00:34:01,236 --> 00:34:04,797
"is that they take their feet
off our necks."

561
00:34:11,119 --> 00:34:13,021
FRONTIERO: <i>We were told
about the decision</i>

562
00:34:13,057 --> 00:34:14,703
<i>when a reporter called us up</i>

563
00:34:14,739 --> 00:34:17,488
and said, "it went in your favor
today, how do you feel?"

564
00:34:17,911 --> 00:34:20,489
I said, "I feel fine,
thank you very much!"

565
00:34:20,590 --> 00:34:22,407
We were both happy
that we won the case.

566
00:34:22,443 --> 00:34:24,629
Let's be clear about it,
we won the case. But...

567
00:34:25,380 --> 00:34:28,849
we lost the standard of review
that we wanted by one vote.

568
00:34:29,614 --> 00:34:32,513
WILLIAMS: <i>She tried to make
the case,</i>

569
00:34:33,114 --> 00:34:34,906
<i>that sex discrimination
should be treated</i>

570
00:34:34,941 --> 00:34:36,357
<i>like race discrimination.</i>

571
00:34:37,146 --> 00:34:40,745
Four justices signed
onto that idea.

572
00:34:41,077 --> 00:34:42,950
The problem was you need five.

573
00:34:44,166 --> 00:34:45,349
RUTH: I said...

574
00:34:47,185 --> 00:34:48,886
it's too soon.

575
00:34:49,955 --> 00:34:52,497
My expectation, to be candid,

576
00:34:52,810 --> 00:34:55,677
was that I would repeat
that kind of argument...

577
00:34:57,662 --> 00:34:59,669
maybe half a dozen times.

578
00:34:59,958 --> 00:35:03,935
I didn't expect it to happen
in one fell swoop.

579
00:35:04,654 --> 00:35:08,583
I think generally
in our society, real change...

580
00:35:10,224 --> 00:35:13,529
enduring change,
happens one step at a time.

581
00:35:13,669 --> 00:35:17,148
The legal strategy of one step
at a time in the '70s

582
00:35:17,183 --> 00:35:19,282
was a conservative strategy

583
00:35:19,318 --> 00:35:22,997
<i>but the goal was equality
and civil rights</i>

584
00:35:23,474 --> 00:35:26,318
<i>and that's who she always was
and who she is now.</i>

585
00:35:33,427 --> 00:35:37,701
FRELINGHUYSEN: <i>She is very
disciplined but she has passions</i>

586
00:35:37,737 --> 00:35:39,888
<i>that she really enjoys.</i>

587
00:35:40,663 --> 00:35:41,943
<i>She loves the opera.</i>

588
00:35:44,833 --> 00:35:46,982
SPERA: <i>She goes to multiple
opera festivals</i>

589
00:35:47,018 --> 00:35:49,154
and the whole family
will go with her.

590
00:35:50,068 --> 00:35:52,774
<i>I think it is a place
of tranquility</i>

591
00:35:52,810 --> 00:35:56,193
<i>that is outside of the demands
of her job.</i>

592
00:36:11,131 --> 00:36:14,221
RUTH:<i> When I am at an opera...</i>

593
00:36:14,894 --> 00:36:16,774
<i>I get totally carried away.</i>

594
00:36:17,573 --> 00:36:21,276
<i>I don't think about the case
that's coming up next week,</i>

595
00:36:21,391 --> 00:36:23,589
<i>or the brief
that I'm in the middle of.</i>

596
00:36:26,935 --> 00:36:30,979
I'm overwhelmed by the beauty
of the music, the drama.

597
00:36:32,263 --> 00:36:34,619
And the sound of
the human voice...

598
00:36:35,370 --> 00:36:38,386
it's like an electric current
going through me.

599
00:36:38,808 --> 00:36:42,619
♪ ♪

600
00:36:47,945 --> 00:36:51,345
♪ ♪

601
00:36:52,322 --> 00:36:55,634
[CROWD APPLAUSE]

602
00:36:56,420 --> 00:37:00,862
RUTH: <i>Justice and mercy,
they're all in opera.</i>

603
00:37:01,344 --> 00:37:03,722
<i>Very grand emotions.</i>

604
00:37:04,268 --> 00:37:09,033
♪ ♪

605
00:37:13,751 --> 00:37:16,370
RUTH: <i>A young man had
a tragic experience.</i>

606
00:37:17,089 --> 00:37:20,206
<i>His wife Hadan
entirely healthy pregnancy,</i>

607
00:37:20,440 --> 00:37:24,011
<i>and he was told that he had
a healthy baby boy</i>

608
00:37:24,047 --> 00:37:26,081
<i>but his wife had died.</i>

609
00:37:27,042 --> 00:37:29,764
STEPHEN WIESENFELD: <i>The
problem was amniotic embolism</i>

610
00:37:29,800 --> 00:37:32,917
<i>and at that particular point
nobody had ever survived that.</i>

611
00:37:33,323 --> 00:37:35,542
They did keep her alive
for about four hours

612
00:37:36,022 --> 00:37:37,956
but by 3:30 in the afternoon,

613
00:37:38,042 --> 00:37:40,534
the code blue came along
and she died.

614
00:37:44,129 --> 00:37:46,769
<i>Jason was a very easy child.</i>

615
00:37:47,651 --> 00:37:50,276
<i>My attitude towards raising
a child is that,</i>

616
00:37:50,526 --> 00:37:53,550
<i>a child is not there for me,
I'm there for him!</i>

617
00:37:53,773 --> 00:37:55,394
<i>And that's what my job was.</i>

618
00:37:55,667 --> 00:37:57,408
RUTH: <i>He determined that he was
going to be</i>

619
00:37:57,443 --> 00:38:00,120
<i>a care-giving parent
to that child.</i>

620
00:38:01,073 --> 00:38:03,764
He went to the local
social security office

621
00:38:03,800 --> 00:38:06,636
and asked about the benefits
he thought...

622
00:38:08,026 --> 00:38:10,386
a sole surviving parent
could get.

623
00:38:11,167 --> 00:38:12,034
And he was told,

624
00:38:12,070 --> 00:38:14,269
"well, that benefit is called
a mother's benefit,"

625
00:38:15,514 --> 00:38:17,299
and he didn't qualify.

626
00:38:18,096 --> 00:38:20,464
<i>So, he wrote a letter
to the editor</i>

627
00:38:20,503 --> 00:38:22,581
<i>"of his local newspaper.
And he said,"</i>

628
00:38:22,628 --> 00:38:26,104
<i>"I have heard a lot about women's
lib. Let me tell you my story."</i>

629
00:38:26,940 --> 00:38:28,089
WIESENFELD: "To the editor."

630
00:38:28,125 --> 00:38:30,075
It has been my
misfortune to discover

631
00:38:30,323 --> 00:38:32,743
<i>that a male cannot collect
social security benefits</i>

632
00:38:32,778 --> 00:38:33,894
<i>as a woman can.</i>

633
00:38:34,019 --> 00:38:35,948
<i>Had I been paying
into the social security system</i>

634
00:38:36,026 --> 00:38:39,317
<i>and had I died, she would have
been able to receive a benefit.</i>

635
00:38:39,484 --> 00:38:41,017
But male homemakers cannot.

636
00:38:41,302 --> 00:38:43,792
I wonder if Gloria Steinem knows
about this.

637
00:38:47,511 --> 00:38:52,612
Ruth took a case in which a man
was discriminated against

638
00:38:52,648 --> 00:38:54,081
in order to show...

639
00:38:54,761 --> 00:38:58,792
the depth and the importance
of sex discrimination.

640
00:38:59,741 --> 00:39:01,976
Very intelligent thing to do.

641
00:39:02,979 --> 00:39:06,573
WIESENFELD:<i> We appeared in the U.S.
Supreme Court in 1975.</i>

642
00:39:08,144 --> 00:39:10,581
<i>When we got to the courtroom,
she sat me down</i>

643
00:39:10,616 --> 00:39:11,917
<i>at the table with her,</i>

644
00:39:12,448 --> 00:39:15,401
<i>she just wanted a male presence
to be at that table</i>

645
00:39:15,464 --> 00:39:18,190
<i>so that the justices would have
something to identify with.</i>

646
00:39:18,745 --> 00:39:20,628
That was a part of her strategy.

647
00:39:21,065 --> 00:39:22,565
She was trying to convince

648
00:39:22,908 --> 00:39:24,862
members of the Supreme Court who

649
00:39:25,237 --> 00:39:29,323
were mostly white, male,
privileged class at that time.

650
00:39:30,814 --> 00:39:34,917
RUTH:

651
00:39:48,615 --> 00:39:50,616
She knew exactly
what she was doing

652
00:39:50,698 --> 00:39:52,761
and it was a very shrewd
strategy.

653
00:39:53,992 --> 00:39:59,030
RUTH: <i>That case resulted
in a unanimous judgment</i>

654
00:39:59,065 --> 00:40:01,532
<i>in Stephen Wiesenfeld's favor.</i>

655
00:40:02,100 --> 00:40:04,115
His case was the perfect example

656
00:40:04,151 --> 00:40:09,276
of how gender-based
discrimination hurts everyone.

657
00:40:10,433 --> 00:40:13,537
KATHLEEN PERATIS: <i>Ruth's
conception of the strategy led</i>

658
00:40:13,573 --> 00:40:16,667
to a whole string of litigation
for the next decade.

659
00:40:17,729 --> 00:40:23,167
NEIER: <i>She wanted to build
the idea of women's equality</i>

660
00:40:23,214 --> 00:40:26,819
step by step to use each case

661
00:40:27,495 --> 00:40:29,979
to move things forward.

662
00:40:30,206 --> 00:40:32,706
It was like knitting a sweater.

663
00:40:33,783 --> 00:40:38,017
♪ ♪

664
00:40:44,042 --> 00:40:46,651
RUTH:

665
00:41:01,159 --> 00:41:04,428
RUTH:

666
00:41:15,707 --> 00:41:16,941
RUTH:

667
00:41:17,386 --> 00:41:18,357
They didn't get it.

668
00:41:18,393 --> 00:41:21,145
They didn't understand the
issues that women were facing

669
00:41:21,181 --> 00:41:23,914
or they didn't see them
as issues.

670
00:41:24,440 --> 00:41:27,511
'Cause women had, in their minds
women had a place

671
00:41:27,878 --> 00:41:29,211
and it wasn't...

672
00:41:30,026 --> 00:41:33,104
where Ruth Ginsburg was
suggesting that it ought to be.

673
00:41:33,525 --> 00:41:36,425
RUTH:

674
00:41:46,112 --> 00:41:48,339
WEST: When they would say
things like this,

675
00:41:48,374 --> 00:41:50,261
how did you respond?

676
00:41:50,347 --> 00:41:53,477
Well, never in anger,
as my mother told me.

677
00:41:53,565 --> 00:41:56,113
That would've been
self-defeating.

678
00:41:56,148 --> 00:42:00,317
Always as an opportunity
to teach.

679
00:42:00,776 --> 00:42:03,287
I did see myself as kind
of a kindergarten teacher,

680
00:42:03,323 --> 00:42:06,183
in those days,
because the judges...

681
00:42:07,144 --> 00:42:10,354
didn't think sex...
sex discrimination existed.

682
00:42:11,722 --> 00:42:15,003
Well, one of the things I tried
to plant in their minds was...

683
00:42:15,886 --> 00:42:19,436
think about how you would like
the world to be

684
00:42:19,472 --> 00:42:21,464
for your daughters
and granddaughters.

685
00:42:22,062 --> 00:42:27,633
RUTH:

686
00:42:30,261 --> 00:42:33,714
One of the things that I'm
struck by, as I look back on it,

687
00:42:33,964 --> 00:42:37,688
is how unprepared the defendants
were to fight back.

688
00:42:37,886 --> 00:42:40,487
We won because the strategy was
brilliant,

689
00:42:40,565 --> 00:42:44,225
we won because we were smart
and prepared and we fought hard.

690
00:42:44,261 --> 00:42:47,598
You couldn't miss what Ruth
was doing during the '70s.

691
00:42:47,784 --> 00:42:53,667
She was creating
a legal landscape.

692
00:43:01,683 --> 00:43:04,886
She was doing something
that was...

693
00:43:05,450 --> 00:43:07,065
<i>incredibly important</i>

694
00:43:07,101 --> 00:43:10,519
<i>to American women whether
they knew it or not.</i>

695
00:43:14,729 --> 00:43:17,690
Just the thought that I might
catch a glimpse of her is...

696
00:43:17,896 --> 00:43:19,196
overwhelming.

697
00:43:19,471 --> 00:43:21,717
I have a mug of her
in my room it says,

698
00:43:21,753 --> 00:43:22,904
"her story in the making."

699
00:43:22,940 --> 00:43:24,584
I have her sticker
on my computer!

700
00:43:24,620 --> 00:43:26,479
I just ordered tons of merch.

701
00:43:26,808 --> 00:43:30,464
Notorious RBG. We're here to get
our books signed.

702
00:43:30,808 --> 00:43:33,440
SHANA KNIZHNIK:<i>I think it's
easy to take for granted</i>

703
00:43:33,542 --> 00:43:38,912
the position that young women
can have in today's society.

704
00:43:38,948 --> 00:43:42,901
And that's a lot in thanks
to justice Ginsburg's work.

705
00:43:44,440 --> 00:43:47,658
IRIN CARMON:<i>Who is more
disdained or told to go away</i>

706
00:43:47,693 --> 00:43:48,815
<i>than an older woman?</i>

707
00:43:48,870 --> 00:43:51,962
But here's an older woman
who people really want to hear

708
00:43:51,997 --> 00:43:53,800
everything that she has to say.

709
00:43:55,472 --> 00:43:57,390
AARON SAIGER: I have been given
questions from the students

710
00:43:57,425 --> 00:44:00,037
about what it's like to be
justice Ruth Bader Ginsburg.

711
00:44:00,550 --> 00:44:02,253
- Do you have a smartphone?

712
00:44:02,490 --> 00:44:06,248
Yes, the answer is yes.

713
00:44:06,284 --> 00:44:09,139
I had, in fact,
two until they took

714
00:44:09,448 --> 00:44:11,443
the BlackBerry away
from me saying,

715
00:44:11,479 --> 00:44:13,009
"nobody uses that anymore."

716
00:44:13,182 --> 00:44:14,182
[LAUGHING]

717
00:44:14,383 --> 00:44:17,347
Uh, what do I use it for?
Not for selfies.

718
00:44:17,705 --> 00:44:19,712
[LAUGHING]

719
00:44:20,124 --> 00:44:22,287
You have said in public
many times,

720
00:44:22,323 --> 00:44:24,828
that the ideal number of women
for the Supreme Court

721
00:44:24,863 --> 00:44:26,430
of the United States is nine.
[LAUGHING]

722
00:44:26,535 --> 00:44:28,042
Yes, of course...

723
00:44:29,166 --> 00:44:30,808
- SAIGER: Uh...
- Why not?

724
00:44:31,050 --> 00:44:35,172
Nine men was a satisfactory
number until 1981.

725
00:44:35,722 --> 00:44:39,065
But the change in the
federal judiciary as a whole

726
00:44:39,101 --> 00:44:40,972
has been enormous.

727
00:44:41,479 --> 00:44:43,180
But it wasn't until...

728
00:44:43,440 --> 00:44:45,308
Jimmy Carter became president,

729
00:44:46,112 --> 00:44:48,752
he looked around
at the federal judiciary,

730
00:44:49,308 --> 00:44:50,370
and he said,

731
00:44:50,708 --> 00:44:52,604
"don't they all look like me?"

732
00:44:53,292 --> 00:44:57,292
"But that's not how the great
United States looks."

733
00:44:59,112 --> 00:45:01,897
EDWARDS: <i>When president Carter
was elected, he said,</i>

734
00:45:01,933 --> 00:45:04,428
<i>"there are almost no women
and there are almost"</i>

735
00:45:04,464 --> 00:45:07,026
<i>no African Americans
on the federal bench</i>

736
00:45:07,065 --> 00:45:09,573
<i>"and I am determined
to change that."</i>

737
00:45:10,972 --> 00:45:14,175
Justice Ginsburg and I
were two of the people

738
00:45:14,783 --> 00:45:17,112
who benefitted
from that promise.

739
00:45:19,104 --> 00:45:22,854
<i>Ruth was nominated in 1980
and we became colleagues</i>

740
00:45:22,956 --> 00:45:25,892
<i>on the U.S. Court of appeals
for the DC circuit.</i>

741
00:45:26,994 --> 00:45:29,463
WOMAN: Judge Ginsburg did you
always want to be a judge?

742
00:45:31,572 --> 00:45:36,166
The law is something
that I think I deal with well.

743
00:45:36,499 --> 00:45:37,499
Uh...

744
00:45:38,119 --> 00:45:41,438
I don't have the kind of talent
that could make one say

745
00:45:41,473 --> 00:45:43,822
a great opera singer.

746
00:45:44,541 --> 00:45:46,033
[OPERA MUSIC]

747
00:45:46,182 --> 00:45:52,056
♪ ♪

748
00:45:52,849 --> 00:45:56,016
RUTH: <i>I wanted to be active
in the law.</i>

749
00:45:56,541 --> 00:45:59,580
The law is a consuming,

750
00:46:00,152 --> 00:46:01,152
uh,

751
00:46:01,801 --> 00:46:03,505
love for me.

752
00:46:04,841 --> 00:46:06,809
EDWARDS: <i>When she first started
on the bench,</i>

753
00:46:06,845 --> 00:46:10,392
after we hear cases we go
into a conference room

754
00:46:10,447 --> 00:46:13,556
and the three judges confer
and we think about

755
00:46:13,872 --> 00:46:15,739
how we should decide the cases.

756
00:46:16,572 --> 00:46:19,853
<i>Ruth was sufficiently confident
in herself in the early days.</i>

757
00:46:20,236 --> 00:46:22,775
<i>"She would say," this is
a very straightforward case.</i>

758
00:46:22,900 --> 00:46:24,915
I have a prepared judgment
for us"

759
00:46:24,950 --> 00:46:28,298
and this was before we
conferred on the case

760
00:46:28,400 --> 00:46:30,753
and initially, we were
all taken aback like,

761
00:46:31,111 --> 00:46:33,228
"no wait, wait, Ruth, you can't
do that."

762
00:46:33,691 --> 00:46:34,491
<i>She was always right,</i>

763
00:46:34,526 --> 00:46:36,527
<i>the judgments that she had
prepared were right.</i>

764
00:46:37,369 --> 00:46:40,544
But we said, "no, we have to go
through the motions"

765
00:46:40,580 --> 00:46:44,134
of talking first before you give
us the result."

766
00:46:45,359 --> 00:46:48,562
RUTH: <i>When I was appointed
to the DC circuit,</i>

767
00:46:48,658 --> 00:46:51,239
<i>"so often people would
come up to me and say,"</i>

768
00:46:51,275 --> 00:46:54,755
<i>"it must be hard for you commuting
back and forth to New York."</i>

769
00:46:55,248 --> 00:46:59,502
<i>They couldn't imagine that
a man would leave his work</i>

770
00:46:59,852 --> 00:47:02,072
<i>to follow his... his wife.</i>

771
00:47:03,377 --> 00:47:07,291
He... had been
extraordinarily successful

772
00:47:07,326 --> 00:47:09,908
as a practicing lawyer
in New York.

773
00:47:10,229 --> 00:47:12,083
There were people who would say,

774
00:47:12,119 --> 00:47:14,864
he was the best tax lawyer
in the city of New York

775
00:47:14,900 --> 00:47:17,181
and believe me, that is saying
something.

776
00:47:17,370 --> 00:47:18,662
He was...

777
00:47:19,837 --> 00:47:21,900
okay playing second fiddle.

778
00:47:22,064 --> 00:47:24,963
In fact, he would make a joke
of it always, he would say,

779
00:47:25,384 --> 00:47:28,178
"I moved to Washington
because my wife got a good job."

780
00:47:28,673 --> 00:47:31,486
WOMAN: How much advice
do you give each other?

781
00:47:33,330 --> 00:47:36,345
[LAUGHING]

782
00:47:38,336 --> 00:47:39,503
Well...

783
00:47:41,142 --> 00:47:44,094
Marty was the funny one
in the family and she loved it

784
00:47:44,884 --> 00:47:47,831
and you could see the twinkle
in her eye when he would do

785
00:47:47,866 --> 00:47:49,838
his funny little quips
and jokes.

786
00:47:49,968 --> 00:47:51,223
As a general rule,

787
00:47:51,259 --> 00:47:54,822
my wife does not give me
any advice about cooking

788
00:47:54,861 --> 00:47:57,541
and I do not give her any advice
about the law.

789
00:47:57,884 --> 00:48:00,634
This seems to work quite well
on both sides.

790
00:48:00,736 --> 00:48:02,134
[LAUGHING]

791
00:48:02,189 --> 00:48:06,294
My father was very outgoing,
very fun person,

792
00:48:06,330 --> 00:48:08,400
and I think he helped, uh,

793
00:48:09,001 --> 00:48:12,666
temper some of mom's seriousness
at times which I think was

794
00:48:12,702 --> 00:48:14,052
to everybody's benefit.

795
00:48:14,088 --> 00:48:16,560
We used to keep a book called
<i>mommy laughed.</i>

796
00:48:16,735 --> 00:48:19,478
Which had parsimonious entries.

797
00:48:20,689 --> 00:48:22,365
You are giving me
constant advice.

798
00:48:22,401 --> 00:48:24,931
It's starts calling about, uh...

799
00:48:25,861 --> 00:48:30,056
7:00, it's time to come home
for dinner and then 7:30

800
00:48:30,572 --> 00:48:35,312
and somewhere between 7:30
and 9:00, we generally make it.

801
00:48:35,955 --> 00:48:38,259
And the other thing is time
for you to go to sleep.

802
00:48:39,159 --> 00:48:40,778
Those are the daily...

803
00:48:40,814 --> 00:48:42,564
um, that's the daily advice,

804
00:48:43,442 --> 00:48:44,275
that I get.

805
00:48:44,361 --> 00:48:47,958
Well, it's not that bad advice
you have to eat one meal a day

806
00:48:47,993 --> 00:48:49,853
and you have to go to sleep
sometime.

807
00:48:49,923 --> 00:48:50,770
[LAUGHING]

808
00:48:50,861 --> 00:48:55,832
EDWARDS: <i>He allowed Ruth to be
who she was, that is,</i>

809
00:48:56,330 --> 00:49:00,439
a relatively reserved,
serious person,

810
00:49:00,916 --> 00:49:04,556
who focused on her law work
and loved doing that.

811
00:49:04,736 --> 00:49:07,711
And the relationship was just
magnificent to watch.

812
00:49:08,424 --> 00:49:11,814
RUTH: <i>And when Marty was
starting out in law practice</i>

813
00:49:12,084 --> 00:49:13,825
<i>and eager to make partner,</i>

814
00:49:13,861 --> 00:49:16,019
<i>I was responsible
for the lion's share</i>

815
00:49:16,055 --> 00:49:17,814
<i>of taking care of the home.</i>

816
00:49:18,377 --> 00:49:21,658
<i>But when the women's movement
came alive and Marty appreciated</i>

817
00:49:21,693 --> 00:49:24,736
<i>the importance of the work
I was doing,</i>

818
00:49:25,134 --> 00:49:29,433
<i>then I became the person
whose career came first.</i>

819
00:49:29,728 --> 00:49:31,392
WEST: What was she like
as a mom?

820
00:49:31,428 --> 00:49:32,463
Exigent.

821
00:49:32,517 --> 00:49:33,841
WEST: What do you mean by that?

822
00:49:33,877 --> 00:49:38,549
"Do your homework, clean
your room, don't disappoint us."

823
00:49:41,838 --> 00:49:44,252
JIM: <i>Helping a lot
with, uh, schoolwork,</i>

824
00:49:44,616 --> 00:49:47,250
commenting, pulling out
the red pen.

825
00:49:47,963 --> 00:49:51,388
MARTY GINSBURG: <i>Our dear
daughter Jane, all smiles,</i>

826
00:49:51,547 --> 00:49:53,744
<i>volunteered to the press.</i>

827
00:49:53,963 --> 00:49:58,439
She had grown up in a home
in which responsibility

828
00:49:58,797 --> 00:50:00,595
was equally divided.

829
00:50:00,720 --> 00:50:03,869
Her father did the
cooking, she explained,

830
00:50:04,041 --> 00:50:06,228
and her mother did the thinking.

831
00:50:06,345 --> 00:50:08,376
[CROWD LAUGHING]

832
00:50:09,056 --> 00:50:11,475
WEST: So is she really
such a horrible cook?

833
00:50:11,650 --> 00:50:12,919
- Yes.
- JIM: Oh yeah.

834
00:50:12,955 --> 00:50:14,947
To this day I still can't eat
swordfish...

835
00:50:15,603 --> 00:50:17,322
after what she did to it.

836
00:50:18,017 --> 00:50:20,250
It wasn't until I was 14
that I encountered

837
00:50:20,285 --> 00:50:21,533
a live vegetable.

838
00:50:22,564 --> 00:50:25,488
MARTY:<i>Ruth is no longer
permitted in the kitchen...</i>

839
00:50:26,502 --> 00:50:29,994
<i>...this by the demand of our
children, who have taste.</i>

840
00:50:30,455 --> 00:50:32,189
[LAUGHING]

841
00:50:32,705 --> 00:50:33,705
[PIANO MUSIC]

842
00:50:33,760 --> 00:50:39,626
♪ ♪

843
00:50:41,627 --> 00:50:44,330
This is a book that Tata,

844
00:50:45,150 --> 00:50:47,444
he collected letters about me

845
00:50:47,588 --> 00:50:48,924
for my 50th birthday.

846
00:50:49,283 --> 00:50:51,799
- Tata organized all this.
- It was his idea.

847
00:50:52,117 --> 00:50:54,584
Tata, my... her husband,
my grandfather,

848
00:50:54,619 --> 00:50:56,231
he was especially doting,

849
00:50:56,267 --> 00:50:59,456
so they almost had a bad cop,
good cop relationship,

850
00:50:59,491 --> 00:51:01,258
when it came to the grandkids.

851
00:51:01,634 --> 00:51:04,603
Tata was more often the good cop
I would say,

852
00:51:04,720 --> 00:51:07,664
uh, mostly because bubbe
was often buried in her work

853
00:51:07,699 --> 00:51:09,192
so if we
really wanted something,

854
00:51:09,228 --> 00:51:12,236
we felt like we could nag tata
more often for it.

855
00:51:13,237 --> 00:51:14,283
"Dear Ruth,"

856
00:51:14,533 --> 00:51:17,541
I have little doubt
that you are proud, rightly so,

857
00:51:17,955 --> 00:51:20,400
of all you have achieved
as a judge

858
00:51:20,447 --> 00:51:22,799
and as a spouse
and a parent as well.

859
00:51:22,845 --> 00:51:24,581
But I conceive no way
you can take

860
00:51:24,616 --> 00:51:28,452
"greater pride than I do.
Love, Tata."

861
00:51:28,487 --> 00:51:30,205
- Nice.
- Very nice.

862
00:51:31,861 --> 00:51:34,384
- Do you read these often?
- No, I never read them.

863
00:51:34,447 --> 00:51:36,593
You should, they are very nice,
if you ever need a boost

864
00:51:36,628 --> 00:51:38,150
of self-confidence.

865
00:51:38,994 --> 00:51:41,164
So much of the shape of America
is a work

866
00:51:41,199 --> 00:51:42,236
of the U.S. Supreme Court

867
00:51:42,272 --> 00:51:44,049
and so the makeup of that Court

868
00:51:44,158 --> 00:51:45,739
is one of the enduring legacies

869
00:51:45,775 --> 00:51:48,916
of a president who has an
opportunity to appoint justices.

870
00:51:49,002 --> 00:51:50,794
And tonight this new president

871
00:51:50,830 --> 00:51:53,380
has his first chance to make it
a Clinton Court.

872
00:51:53,416 --> 00:51:57,214
This president has a very clear idea
of what he wants in this justice.

873
00:51:58,080 --> 00:52:01,322
BILL CLINTON:<i> I really did want to
put Governor Cuomo on the Court,</i>

874
00:52:01,939 --> 00:52:04,283
but he didn't want to do it
so I started looking around.

875
00:52:04,611 --> 00:52:08,330
He kept moving from his favorite
person of the week

876
00:52:08,377 --> 00:52:10,267
to the next favorite person
of the week

877
00:52:10,650 --> 00:52:13,553
and judge Ginsburg
was sort of old

878
00:52:13,589 --> 00:52:14,998
to be a nominee.

879
00:52:15,189 --> 00:52:17,463
She was in her early 60s.

880
00:52:17,963 --> 00:52:19,989
Most people, I think, thought

881
00:52:20,025 --> 00:52:22,049
<i>she was out of the running
for that reason</i>

882
00:52:22,408 --> 00:52:24,975
<i>and Marty was just not gonna
accept that.</i>

883
00:52:25,010 --> 00:52:27,525
MILLER:<i> We're talking about Ruth</i>

884
00:52:27,806 --> 00:52:30,313
<i>and we must remember
how shy she was.</i>

885
00:52:30,908 --> 00:52:36,525
I can't think of anyone
less likely to toot her own horn

886
00:52:37,172 --> 00:52:38,330
than Ruth.

887
00:52:40,279 --> 00:52:43,611
So Marty had to play
the New York Philharmonic.

888
00:52:44,564 --> 00:52:46,408
[ OPERA MUSIC]

889
00:52:46,580 --> 00:52:54,533
♪ ♪

890
00:52:55,573 --> 00:52:57,255
RUTH:<i> No question about it,</i>

891
00:52:57,291 --> 00:52:59,650
<i>people who observed
at the time, said,</i>

892
00:52:59,759 --> 00:53:01,595
<i>"well, Ruth would
have been on a list,"</i>

893
00:53:01,631 --> 00:53:04,361
"maybe she would be 22 or 23"

894
00:53:04,843 --> 00:53:07,299
but it was Marty who
made her number one.

895
00:53:09,455 --> 00:53:12,916
He had a little book of
people that he contacted.

896
00:53:13,351 --> 00:53:14,424
They were...

897
00:53:14,502 --> 00:53:16,020
[LAUGHING]

898
00:53:16,056 --> 00:53:19,094
TOTENBERG:<i> He had lots of contacts
in the business community,</i>

899
00:53:19,336 --> 00:53:21,667
lots of contacts in the legal
community,

900
00:53:21,703 --> 00:53:25,402
in the academic community,
among the women she had helped.

901
00:53:25,937 --> 00:53:30,190
And he... I don't even know
all the things he did.

902
00:53:30,226 --> 00:53:34,289
He was so in love with his wife
and so respected her

903
00:53:34,805 --> 00:53:37,347
as a real giant
in the legal profession,

904
00:53:37,382 --> 00:53:38,862
he felt it would be an outrage

905
00:53:38,898 --> 00:53:40,961
if she wasn't seriously
considered.

906
00:53:41,140 --> 00:53:43,854
And look, he wasn't the only one
that was campaigning

907
00:53:43,889 --> 00:53:45,488
for somebody to be on the Court.

908
00:53:45,765 --> 00:53:47,445
He had
some pretty stiff opposition...

909
00:53:48,344 --> 00:53:50,906
but it was her interview
that did it.

910
00:53:51,361 --> 00:53:54,126
♪ ♪

911
00:53:54,758 --> 00:53:56,917
<i>We arranged for her to come
to the white house.</i>

912
00:53:56,953 --> 00:53:58,672
<i>I wanted to see how her mind
worked.</i>

913
00:53:59,027 --> 00:54:00,793
<i>So I engaged her
in this conversation.</i>

914
00:54:01,273 --> 00:54:03,690
And all of a sudden, I wasn't
the president interviewing her

915
00:54:03,726 --> 00:54:06,237
for the Supreme Court anymore,
we were two people having

916
00:54:06,273 --> 00:54:08,912
an honest discussion
about what's the best way

917
00:54:09,305 --> 00:54:12,789
in the moment and for the future
to make law.

918
00:54:13,750 --> 00:54:17,469
TOTENBERG: <i>Ruth Ginsburg,
as quiet and kind of withdrawn</i>

919
00:54:17,883 --> 00:54:21,558
<i>and almost timid as she can be,
she is a performer</i>

920
00:54:22,187 --> 00:54:24,484
and she walked in that room
and he fell for her.

921
00:54:24,531 --> 00:54:27,063
Literally, within 15 minutes,
I decided

922
00:54:27,098 --> 00:54:28,464
I was going to name her.

923
00:54:28,500 --> 00:54:31,039
[APPLAUSE]

924
00:54:32,797 --> 00:54:35,570
CLINTON: I'm proud to nominate
this path-breaking attorney,

925
00:54:35,726 --> 00:54:39,209
advocate, and judge to be
the 107th justice

926
00:54:39,680 --> 00:54:41,844
to the United States Supreme Court.

927
00:54:49,851 --> 00:54:53,320
RUTH: <i>When I was nominated
back in 1993,</i>

928
00:54:53,359 --> 00:54:55,656
<i>senator Biden chaired
the committee.</i>

929
00:54:56,219 --> 00:54:59,663
<i>The leading republican
member was Orrin Hatch.</i>

930
00:55:00,305 --> 00:55:01,865
MAN: Do you have
any concerns right now?

931
00:55:01,900 --> 00:55:03,116
There are always concerns

932
00:55:03,152 --> 00:55:05,519
because these are very important
positions.

933
00:55:05,555 --> 00:55:08,195
And so there will be a lot
of questions asked.

934
00:55:13,297 --> 00:55:16,713
Day two of the Ruth Bader
Ginsburg confirmation hearings.

935
00:55:16,748 --> 00:55:18,526
<i>Judge Ginsburg did something</i>

936
00:55:18,562 --> 00:55:21,058
<i>no recent High Court
nominee has done,</i>

937
00:55:21,094 --> 00:55:24,242
<i>spoke at length about her
support for abortion rights.</i>

938
00:55:24,680 --> 00:55:28,953
It is essential
to women's equality with man...

939
00:55:30,070 --> 00:55:33,945
that her choice... that she be
the decision maker.

940
00:55:35,101 --> 00:55:38,578
This is something central
to a woman's...

941
00:55:39,336 --> 00:55:41,204
life, to her dignity.

942
00:55:41,859 --> 00:55:44,805
And when government controls
that decision for her,

943
00:55:45,336 --> 00:55:49,211
she is being treated as less
than a fully adult...

944
00:55:49,714 --> 00:55:51,601
human responsible for...

945
00:55:52,748 --> 00:55:54,549
her own choices.

946
00:55:55,117 --> 00:55:57,624
She was put on the Court
by a liberal president,

947
00:55:58,490 --> 00:56:01,234
uh, as a liberal justice.

948
00:56:02,039 --> 00:56:04,239
And that's the way this country
works.

949
00:56:04,687 --> 00:56:06,529
ORRIN HATCH: I disagree with you
on a number of things,

950
00:56:06,564 --> 00:56:08,665
and I am sure you disagree
with me.

951
00:56:08,700 --> 00:56:10,273
But that isn't the issue, is it?

952
00:56:10,422 --> 00:56:12,130
And frankly, I admire you.

953
00:56:12,656 --> 00:56:14,175
You've earned the right,

954
00:56:14,211 --> 00:56:16,531
in my opinion,
to be on the Supreme Court.

955
00:56:16,877 --> 00:56:18,750
She was confirmed 96-3.

956
00:56:18,890 --> 00:56:21,664
Now, you could argue that it was
not as partisan a time

957
00:56:21,700 --> 00:56:23,734
as it is now
but it was pretty partisan.

958
00:56:24,025 --> 00:56:29,892
♪ ♪

959
00:56:36,679 --> 00:56:38,714
NEWS ANCHOR: <i>Promising to defend
the Constitution,</i>

960
00:56:38,805 --> 00:56:41,131
<i>pioneering women's rights
advocate Ruth Bader Ginsburg</i>

961
00:56:41,166 --> 00:56:43,099
<i>has been sworn in as the second
woman,</i>

962
00:56:43,134 --> 00:56:44,901
<i>on the U.S. Supreme Court bench.</i>

963
00:56:45,287 --> 00:56:48,055
I will well and faithfully
discharge.

964
00:56:48,273 --> 00:56:51,180
The duties of the office
on which I am about to enter.

965
00:56:51,750 --> 00:56:55,612
The duties of the office
on which I am about to enter.

966
00:56:55,953 --> 00:56:59,148
- So help me God.
- So help me God.

967
00:57:02,484 --> 00:57:04,711
PERATIS:
<i>It was extremely exciting</i>

968
00:57:05,015 --> 00:57:08,101
because this powerful
little woman

969
00:57:08,211 --> 00:57:09,562
was going on the Supreme Court,

970
00:57:09,627 --> 00:57:12,328
and that meant there
were going to be two.

971
00:57:12,486 --> 00:57:17,564
♪ ♪

972
00:57:18,720 --> 00:57:22,735
♪ ♪

973
00:57:23,953 --> 00:57:27,180
The standard robe is made
for a man,

974
00:57:27,258 --> 00:57:31,681
because it has a place for the
shirt to show and the tie.

975
00:57:32,390 --> 00:57:36,190
So Sandra Day O'Connor and I,
thought it would be appropriate

976
00:57:36,226 --> 00:57:39,633
if we included as part
of our robe,

977
00:57:39,846 --> 00:57:42,469
something typical of a woman.

978
00:57:44,337 --> 00:57:46,180
During my long tenure here,

979
00:57:46,279 --> 00:57:48,367
I was not the most quote,

980
00:57:48,484 --> 00:57:50,238
liberal justice on the Court.

981
00:57:50,492 --> 00:57:53,219
From the beginning, I think
what she was looking for

982
00:57:53,404 --> 00:57:55,523
was to build consensus.

983
00:57:56,586 --> 00:57:58,597
<i>Even though chief justice
Rehnquist</i>

984
00:57:58,633 --> 00:58:01,558
<i>and Sandra day O'Connor were
conservative justices.</i>

985
00:58:01,594 --> 00:58:04,479
<i>They were still justices
with which,</i>

986
00:58:04,515 --> 00:58:06,633
<i>Ginsburg was able to find
common ground.</i>

987
00:58:07,452 --> 00:58:08,828
That was her style.

988
00:58:09,039 --> 00:58:12,489
<i>She really wanted to be able
to convince her fellow justices</i>

989
00:58:12,703 --> 00:58:14,789
<i>to move her way even if it means</i>

990
00:58:15,023 --> 00:58:17,680
<i>conceding certain things
and compromising.</i>

991
00:58:18,666 --> 00:58:23,759
♪ ♪

992
00:58:32,023 --> 00:58:33,367
To start out,

993
00:58:33,461 --> 00:58:36,890
I thought you might like
to know a little about the

994
00:58:37,226 --> 00:58:39,328
gentlemen who
are surrounding us.

995
00:58:40,156 --> 00:58:43,242
These are the first set
of chief justices

996
00:58:43,278 --> 00:58:44,742
of the Supreme Court.

997
00:58:45,711 --> 00:58:48,375
John Marshall is the
4th chief justice and

998
00:58:48,753 --> 00:58:50,011
what he said was,

999
00:58:50,261 --> 00:58:52,312
that this Constitution

1000
00:58:52,896 --> 00:58:54,964
is the highest law of the land.

1001
00:58:55,750 --> 00:58:57,203
The 14th amendment

1002
00:58:57,680 --> 00:59:00,312
has a clause that you
all should know about

1003
00:59:01,161 --> 00:59:04,039
and I'll read it to you.
It says...

1004
00:59:06,210 --> 00:59:09,883
"And nor shall any state deny
to any person

1005
00:59:10,640 --> 00:59:13,953
the equal protection
of the laws."

1006
00:59:14,885 --> 00:59:17,265
So if Congress passes a law

1007
00:59:17,570 --> 00:59:20,703
or the president issues
an executive order

1008
00:59:20,937 --> 00:59:23,336
that is in conflict
with the Constitution,

1009
00:59:24,094 --> 00:59:27,469
the Constitution must prevail.

1010
00:59:29,799 --> 00:59:34,751
♪ ♪

1011
00:59:39,775 --> 00:59:45,884
♪ ♪

1012
00:59:48,265 --> 00:59:51,867
FRELINGHUYSEN: VMI
was a 150 year old,

1013
00:59:52,354 --> 00:59:54,812
<i>all-male military college.</i>

1014
00:59:55,648 --> 00:59:59,562
<i>It had a tremendous endowment,
well-connected alumni,</i>

1015
00:59:59,597 --> 01:00:01,237
<i>four star generals.</i>

1016
01:00:01,273 --> 01:00:04,390
When you came out of VMI
that was something.

1017
01:00:04,453 --> 01:00:06,465
BRYANT GUMBEL:<i>Virginia military
institute was the last</i>

1018
01:00:06,500 --> 01:00:08,409
<i>all-male state supported school
in the country.</i>

1019
01:00:08,445 --> 01:00:12,805
<i>157 years of school tradition as
an all-male military academy.</i>

1020
01:00:13,035 --> 01:00:14,902
[CROWD CHEERING]

1021
01:00:15,101 --> 01:00:18,425
TED OLSON: <i>Boys can be troublesome,
full of hormones and so forth,</i>

1022
01:00:18,461 --> 01:00:21,718
and I don't mean to make general
gender characteristics

1023
01:00:21,815 --> 01:00:25,269
or generalizations here
but for some young men,

1024
01:00:25,320 --> 01:00:28,609
at that time of their life
they need discipline,

1025
01:00:29,031 --> 01:00:31,128
<i>they need hard work
and they need</i>

1026
01:00:31,164 --> 01:00:33,664
<i>not a lot of extra time
to get into trouble.</i>

1027
01:00:33,898 --> 01:00:35,672
<i>And VMI provided that.</i>

1028
01:00:35,711 --> 01:00:37,937
MAN: <i>Look at the men
which stand before you!</i>

1029
01:00:37,992 --> 01:00:40,851
They represent the essence
of VMI!

1030
01:00:42,109 --> 01:00:46,042
A female high school student
wanted to attend VMI.

1031
01:00:46,078 --> 01:00:50,367
So she brought a case against
Virginia, claiming that

1032
01:00:50,422 --> 01:00:53,273
the all-male admissions policy
violated equal protection.

1033
01:00:54,286 --> 01:00:55,956
<i>It actually went
from the District Court</i>

1034
01:00:55,992 --> 01:00:58,750
<i>to the appellate Court before it
came up to the Supreme Court .</i>

1035
01:00:59,359 --> 01:01:03,914
<i>This was an extremely important
case for justice Ginsburg.</i>

1036
01:01:04,163 --> 01:01:09,225
It was her first women's rights
case on the Supreme Court.

1037
01:01:10,286 --> 01:01:12,300
COURT OFFICER: <i>The honorable
chief justice</i>

1038
01:01:12,336 --> 01:01:15,070
<i>and the associate justices
of the Supreme Court</i>

1039
01:01:15,106 --> 01:01:16,839
<i>of the United States.</i>

1040
01:01:17,442 --> 01:01:21,081
OLSON: <i>I was very much aware
of justice Ginsburg's history</i>

1041
01:01:21,117 --> 01:01:25,011
with respect to gender excluding
women from an institution.

1042
01:01:25,047 --> 01:01:28,394
I was very much aware of that
and I was trying to fashion

1043
01:01:28,430 --> 01:01:32,055
an argument that would penetrate
that.

1044
01:01:43,361 --> 01:01:47,198
RUTH:

1045
01:01:54,111 --> 01:01:57,446
OLSON:

1046
01:02:01,785 --> 01:02:02,852
RUTH:

1047
01:02:03,211 --> 01:02:05,221
OLSON:

1048
01:02:06,047 --> 01:02:11,960
I was dealing with a very
worthy and formidable force

1049
01:02:11,996 --> 01:02:14,130
at the other side of that bench.

1050
01:02:14,165 --> 01:02:18,901
RUTH:

1051
01:02:21,505 --> 01:02:24,373
OLSON:

1052
01:02:27,258 --> 01:02:30,836
That was my pitch. As you know
it didn't work.

1053
01:02:39,185 --> 01:02:42,054
RUTH:

1054
01:03:03,513 --> 01:03:06,616
...to aspire, achieve,

1055
01:03:07,086 --> 01:03:11,453
participate in, and contribute
to society...

1056
01:03:12,222 --> 01:03:14,524
based on what they can do.

1057
01:03:15,156 --> 01:03:18,269
NEWS ANCHOR: <i>The for-men only
tradition of VMI became history</i>

1058
01:03:18,305 --> 01:03:21,578
<i>with the arrival of women
entering as first year cadets.</i>

1059
01:03:21,719 --> 01:03:24,400
MAN: <i>Cadre, take charge
of your rats.</i>

1060
01:03:27,724 --> 01:03:30,105
KELLY SULLIVAN: <i>I was in
the first class of women.</i>

1061
01:03:30,820 --> 01:03:34,351
We were here not to break
tradition not to ruin history

1062
01:03:34,631 --> 01:03:36,336
<i>but to help grow it.</i>

1063
01:03:41,530 --> 01:03:44,519
<i>For those four years I worked
extremely hard,</i>

1064
01:03:44,555 --> 01:03:46,389
<i>to be the best person I could be</i>

1065
01:03:46,424 --> 01:03:48,359
and to represent women
as a whole.

1066
01:03:48,672 --> 01:03:51,093
<i>I wanted to be that person
that stood in front of the men</i>

1067
01:03:51,128 --> 01:03:52,687
<i>and said, "I can do it, too."</i>

1068
01:03:58,268 --> 01:04:00,820
GENERAL PEAY: It's most
appropriate that we welcome today

1069
01:04:00,856 --> 01:04:02,797
a member of our
nation's highest Court,

1070
01:04:03,119 --> 01:04:04,469
a notable example

1071
01:04:04,734 --> 01:04:08,242
of a citizen with a lifelong
dedication to public service,

1072
01:04:08,515 --> 01:04:10,513
justice Ruth Bader Ginsburg.

1073
01:04:10,572 --> 01:04:11,572
Thank you.

1074
01:04:11,661 --> 01:04:14,517
GENERAL PEAY: Welcome to the
Virginia Military Institute.

1075
01:04:14,922 --> 01:04:17,553
VMI fought very hard to keep
women out.

1076
01:04:18,156 --> 01:04:21,394
<i>I had an alumni walk up to me,
and he says,</i>

1077
01:04:21,430 --> 01:04:23,220
"I'm not going to shake
your hand. I want to know"

1078
01:04:23,255 --> 01:04:24,788
why you're here,

1079
01:04:25,500 --> 01:04:28,264
"um, and why you
decided to ruin my school."

1080
01:04:28,875 --> 01:04:31,570
I know that there were some
people who did not...

1081
01:04:32,797 --> 01:04:37,206
react well to the change
and my response to this was,

1082
01:04:37,656 --> 01:04:41,617
"wait and see, you will be proud
of the women

1083
01:04:41,913 --> 01:04:45,250
who become graduates of VMI."

1084
01:04:49,125 --> 01:04:52,862
It wasn't just about VMI,
it was about the notion

1085
01:04:52,898 --> 01:04:57,933
that you cannot exclude women
just because they're women.

1086
01:04:57,969 --> 01:04:59,703
You cannot say categorically,

1087
01:05:00,177 --> 01:05:02,054
"they can't handle this."

1088
01:05:02,320 --> 01:05:04,834
<i>It's way beyond VMI, way beyond.</i>

1089
01:05:05,484 --> 01:05:08,838
<i>And she pulled some
of the justices of that Court</i>

1090
01:05:09,515 --> 01:05:15,125
over to see that you start,
you start with an assumption

1091
01:05:16,289 --> 01:05:19,719
that you have got to treat
both genders equally.

1092
01:05:20,961 --> 01:05:24,933
FEIGEN:<i>That majority opinion,
was the culmination of Ruth's</i>

1093
01:05:24,969 --> 01:05:28,578
dedication to the concept
of equality for women.

1094
01:05:30,722 --> 01:05:33,258
RUTH: Those are current cadets.

1095
01:05:36,219 --> 01:05:40,648
One wanted to be a nuclear
scientist, the others engineers.

1096
01:05:41,371 --> 01:05:44,523
All very well adjusted to life
at VMI.

1097
01:05:51,681 --> 01:05:53,461
So, you can see...

1098
01:05:54,578 --> 01:05:58,562
many varieties there are more up
on top.

1099
01:05:59,258 --> 01:06:01,453
This is the latest one
I've gotten.

1100
01:06:03,515 --> 01:06:04,985
WEST: So people just send them
to you?

1101
01:06:05,020 --> 01:06:06,453
Yes.

1102
01:06:08,832 --> 01:06:10,156
What's in this one?

1103
01:06:11,086 --> 01:06:15,404
Oh this one was given to me
by the University of Hawaii,

1104
01:06:15,642 --> 01:06:17,078
with French lace...

1105
01:06:17,911 --> 01:06:19,867
and the beads are
from the beach.

1106
01:06:22,601 --> 01:06:27,055
It is a gift from law clerks,
a few terms back.

1107
01:06:27,551 --> 01:06:29,633
And this is what I use...

1108
01:06:30,087 --> 01:06:32,758
for announcing majority opinion.

1109
01:06:33,402 --> 01:06:36,898
And this one is for dissenting
opinion.

1110
01:06:43,567 --> 01:06:46,890
RUTH: <i>Every day before we sit
in the Court,</i>

1111
01:06:47,039 --> 01:06:49,508
<i>the first thing we do is,
we go around the room</i>

1112
01:06:49,906 --> 01:06:52,992
<i>each justice shaking hands
with every other.</i>

1113
01:06:53,922 --> 01:06:56,987
<i>We know that collegiality
is very important</i>

1114
01:06:57,023 --> 01:06:59,382
<i>to the effective working
of the Court.</i>

1115
01:07:00,219 --> 01:07:04,781
<i>So we better respect each other
and even like each other.</i>

1116
01:07:05,430 --> 01:07:07,009
She did something I'm not sure
I could have done,

1117
01:07:07,044 --> 01:07:09,484
she made real friendship
with Scalia.

1118
01:07:09,523 --> 01:07:13,240
TOTENBERG: They are the leading
voice of opposite points of views

1119
01:07:13,276 --> 01:07:15,062
on the United States Supreme Court.

1120
01:07:15,125 --> 01:07:17,125
Why don't you call us,
the<i> odd couple?</i>

1121
01:07:17,250 --> 01:07:19,562
[LAUGHING]

1122
01:07:19,695 --> 01:07:22,906
He is a very funny fellow.

1123
01:07:22,969 --> 01:07:24,386
She is a very nice person,

1124
01:07:24,422 --> 01:07:26,711
she likes opera, what's not
to like?

1125
01:07:28,328 --> 01:07:30,937
Except her views of law
of course.

1126
01:07:31,016 --> 01:07:33,211
[LAUGHING]

1127
01:07:33,336 --> 01:07:35,094
HELEN AVARE:
<i>Justice Scalia believes</i>

1128
01:07:35,130 --> 01:07:37,307
<i>that one should read
the Constitution</i>

1129
01:07:37,343 --> 01:07:39,995
<i>according to its plain language,</i>

1130
01:07:40,031 --> 01:07:44,026
according to the meanings
that were ascribed, uh,

1131
01:07:44,062 --> 01:07:48,065
to those words when those words
were enacted.

1132
01:07:48,101 --> 01:07:50,339
But you're saying is,
let's try to figure out

1133
01:07:50,375 --> 01:07:53,320
the mindset of people back
200 years ago, right?

1134
01:07:53,570 --> 01:07:55,444
Well, it isn't the mindset,

1135
01:07:55,480 --> 01:07:58,151
it's - it's, what - what
did the words mean

1136
01:07:58,187 --> 01:08:00,245
to the people who ratified
the bill of rights

1137
01:08:00,281 --> 01:08:01,777
or who ratified
the Constitution.

1138
01:08:01,813 --> 01:08:03,940
As opposed to what people today
think it meant?

1139
01:08:03,976 --> 01:08:06,548
As opposed to what people today
would like.

1140
01:08:06,584 --> 01:08:08,461
I see the Constitution,

1141
01:08:08,578 --> 01:08:11,562
as striving for
a more perfect union.

1142
01:08:11,898 --> 01:08:15,124
<i>Who were we the people in 1787?</i>

1143
01:08:15,508 --> 01:08:17,995
You would not be among
we the people,

1144
01:08:18,031 --> 01:08:21,063
African Americans would not be
among the people.

1145
01:08:21,664 --> 01:08:24,144
GENE SCALIA: <i>She's this
supposed famous liberal,</i>

1146
01:08:24,180 --> 01:08:26,144
<i>he's this supposed famous
conservative.</i>

1147
01:08:26,180 --> 01:08:29,271
She's a Jewish, he's, uh,
catholic.

1148
01:08:29,765 --> 01:08:33,430
<i>She's retiring at times,
and he almost never is.</i>

1149
01:08:33,898 --> 01:08:38,136
And yet as with many great
friendships there's chemistry

1150
01:08:38,172 --> 01:08:40,542
that maybe you can't
entirely explain.

1151
01:08:40,578 --> 01:08:43,917
That's thing about Ruth
is that she can compartmentalize

1152
01:08:43,953 --> 01:08:46,889
better than I do. She is able
to have a close friend

1153
01:08:46,924 --> 01:08:48,969
who had these outrageous views,

1154
01:08:49,429 --> 01:08:50,176
um,

1155
01:08:50,358 --> 01:08:53,063
about women and about gays
and lesbians.

1156
01:08:53,573 --> 01:08:54,840
I have a little bit of trouble
with that.

1157
01:08:54,875 --> 01:08:56,922
I don't have close friends
who are right wing

1158
01:08:56,958 --> 01:08:57,604
nutcases.

1159
01:08:57,640 --> 01:08:59,558
Even though they had
differing points of view,

1160
01:08:59,594 --> 01:09:02,104
they were dear friends.
I'm sure they were...

1161
01:09:02,508 --> 01:09:04,273
picking at each other
the whole time.

1162
01:09:04,338 --> 01:09:06,225
But they kind of enjoyed it.

1163
01:09:06,570 --> 01:09:09,484
RUTH: <i>Justice scalia would
whisper something to me.</i>

1164
01:09:09,609 --> 01:09:12,956
<i>All I could do to avoid
laughing out loud,</i>

1165
01:09:12,992 --> 01:09:15,284
so I would sometimes pinch
myself.

1166
01:09:15,351 --> 01:09:16,776
People sometimes ask me,

1167
01:09:16,812 --> 01:09:19,603
"well, what was your favorite
scalia joke?" And I said,

1168
01:09:19,639 --> 01:09:21,633
"I know what it is,
but I can't tell you."

1169
01:09:21,703 --> 01:09:22,976
[LAUGHING]

1170
01:09:23,014 --> 01:09:24,919
They enjoyed going to the operas
together,

1171
01:09:24,955 --> 01:09:27,750
and they enjoyed discussing
particular operas

1172
01:09:27,801 --> 01:09:30,718
<i>and of course, they appeared
together in an opera.</i>

1173
01:09:32,813 --> 01:09:35,484
TOTENBERG: What's the most fun
thing you've ever done together?

1174
01:09:35,520 --> 01:09:38,039
Was it being on that elephant
together in India?

1175
01:09:38,631 --> 01:09:40,758
RUTH: <i>That was a rather
bumpy ride.</i>

1176
01:09:40,984 --> 01:09:44,578
ANTONIN SCALIA: <i>Some of her feminist
friends gave her a hard time</i>

1177
01:09:44,712 --> 01:09:47,747
<i>because she rode behind me
on the elephant.</i>

1178
01:09:47,852 --> 01:09:50,062
- And that's wha...
- I'm not kidding.

1179
01:09:50,117 --> 01:09:53,422
It-- it was... the driver
explained it was a matter

1180
01:09:53,457 --> 01:09:55,257
of distribution of weight.

1181
01:09:55,446 --> 01:09:56,969
[LAUGHING]

1182
01:09:57,320 --> 01:09:59,728
Washington has a reputation
as being a hard town

1183
01:09:59,763 --> 01:10:01,190
to make good friendships.

1184
01:10:01,226 --> 01:10:04,140
And the Supreme Court itself
is a place where your colleagues

1185
01:10:04,176 --> 01:10:06,578
on any given case are also
your adversaries.

1186
01:10:06,914 --> 01:10:09,906
<i>It was very gratifying to see
the two of them together</i>

1187
01:10:09,942 --> 01:10:11,806
<i>and know that they had
their disagreements</i>

1188
01:10:11,851 --> 01:10:14,594
<i>but that my father had this
just really wonderful friend.</i>

1189
01:10:16,883 --> 01:10:18,862
PETER JENNINGS: <i>The presidential
election is over.</i>

1190
01:10:18,898 --> 01:10:22,492
<i>George Bush prevails by one
vote in the Supreme Court .</i>

1191
01:10:23,812 --> 01:10:25,883
George, this effectively ends
the election.

1192
01:10:25,919 --> 01:10:27,120
It has ended the election and Peter,

1193
01:10:27,155 --> 01:10:30,031
literally one of the closest
elections in American history.

1194
01:10:30,164 --> 01:10:33,542
<i>600 votes approximately
separated Gore and bush</i>

1195
01:10:33,578 --> 01:10:35,894
<i>in the state of Florida,
and now by one vote</i>

1196
01:10:35,930 --> 01:10:38,133
<i>on the Supreme Court,
this election is over.</i>

1197
01:10:38,765 --> 01:10:41,562
Look at the dissents and the
strong language in the dissents.

1198
01:10:41,598 --> 01:10:43,722
Justice Ginsburg, "the
Court's conclusion"

1199
01:10:43,758 --> 01:10:46,120
that a recount is impractical,
is a prophecy

1200
01:10:46,156 --> 01:10:49,245
the Court's own judgment
will not allow to be tested.

1201
01:10:49,280 --> 01:10:51,183
"Such an untested prophecy..."

1202
01:10:51,219 --> 01:10:54,250
...should not decide
the presidency

1203
01:10:54,518 --> 01:10:56,219
of the United States.

1204
01:10:57,159 --> 01:10:58,328
I dissent.

1205
01:11:00,698 --> 01:11:03,300
CARMON:<i>She was never supposed
to be the great dissenter</i>

1206
01:11:03,336 --> 01:11:06,383
<i>but that's the course
that history took her on.</i>

1207
01:11:08,195 --> 01:11:12,167
<i>George W. Bush was able
to appoint two justices.</i>

1208
01:11:12,859 --> 01:11:16,703
<i>The addition of Samuel Alito
and John Roberts on the Court</i>

1209
01:11:17,074 --> 01:11:18,898
<i>pushed it far to the right.</i>

1210
01:11:19,695 --> 01:11:24,179
FRELINGHUYSEN: <i>The role of an individual
justice can change dramatically</i>

1211
01:11:24,215 --> 01:11:25,614
<i>as the Court changes.</i>

1212
01:11:26,031 --> 01:11:28,751
<i>With the departure
of justice O'Connor</i>

1213
01:11:29,328 --> 01:11:33,480
<i>and with more conservatives
joining the bench.</i>

1214
01:11:33,516 --> 01:11:38,094
<i>She found she had to really
exercise her dissenting voice.</i>

1215
01:11:40,640 --> 01:11:43,599
RUTH: <i>Of course I prefer to be
in the majority</i>

1216
01:11:43,634 --> 01:11:45,901
but if necessary...

1217
01:11:46,461 --> 01:11:49,695
I will write separately
in dissent.

1218
01:11:55,906 --> 01:11:57,569
Lilly Ledbetter:
<i>I went to work one night</i>

1219
01:11:57,605 --> 01:11:59,484
<i>and someone had left me a note.</i>

1220
01:11:59,672 --> 01:12:05,281
It had my name and three men.
We four had the exact same job.

1221
01:12:05,873 --> 01:12:09,275
<i>My pay was 40 percent less
than theirs.</i>

1222
01:12:09,508 --> 01:12:12,440
<i>I had been shortchanged
for no other reason</i>

1223
01:12:12,476 --> 01:12:16,492
than I had been born
the wrong sex, I was a woman.

1224
01:12:17,476 --> 01:12:20,383
<i>The jury found that I had been
discriminated against</i>

1225
01:12:20,437 --> 01:12:21,993
<i>but of course, Goodyear appealed</i>

1226
01:12:22,029 --> 01:12:23,305
<i>and then we were notified</i>

1227
01:12:23,340 --> 01:12:26,414
<i>that we would be heard
in the Supreme Court .</i>

1228
01:12:28,411 --> 01:12:30,344
<i>I looked at the Court makeup,</i>

1229
01:12:30,531 --> 01:12:34,164
<i>that's when justice Alito
had just gone on the bench.</i>

1230
01:12:34,328 --> 01:12:38,140
<i>Justice Ginsburg at the time
was the only female left.</i>

1231
01:12:38,344 --> 01:12:40,402
Justice Alito read the opinion,

1232
01:12:40,859 --> 01:12:41,776
he said,

1233
01:12:41,812 --> 01:12:43,889
"I was definitely" discriminated

1234
01:12:43,994 --> 01:12:47,593
against but I had not
filed my charge timely,

1235
01:12:47,789 --> 01:12:50,780
"that I'd waited too late
to file my charge."

1236
01:12:56,005 --> 01:12:59,674
RUTH:

1237
01:13:25,183 --> 01:13:28,619
She's hit the nail on the head
because she definitely said,

1238
01:13:28,655 --> 01:13:31,807
"they do not know what it's like
in the real world."

1239
01:13:32,436 --> 01:13:35,811
RUTH: <i>Today, the ball again lies
in Congress' Court...</i>

1240
01:13:36,483 --> 01:13:40,716
"...to correct the error into
which the Court has fallen."

1241
01:13:41,092 --> 01:13:44,575
She was laying down a marker
for Congress and in fact

1242
01:13:44,748 --> 01:13:47,482
<i>federal law was changed
because of her dissent.</i>

1243
01:13:47,653 --> 01:13:50,747
Three fifths of the senators
having voted in the affirmative,

1244
01:13:51,196 --> 01:13:52,575
the bill has passed.

1245
01:13:57,551 --> 01:14:02,527
BARACK OBAMA: It is fitting that
the very first bill that I sign,

1246
01:14:03,083 --> 01:14:07,727
the Lilly Ledbetter fair pay
restoration act is upholding

1247
01:14:07,763 --> 01:14:10,591
one of this nation's
founding principles...

1248
01:14:11,380 --> 01:14:13,549
that we are all created equal...

1249
01:14:13,903 --> 01:14:16,552
and each deserve a chance
to pursue

1250
01:14:16,680 --> 01:14:18,880
our own version of happiness.

1251
01:14:29,364 --> 01:14:31,667
MARTY:<i>Ruth and I were
in New York City</i>

1252
01:14:31,702 --> 01:14:33,402
<i>to see the play</i> proof.

1253
01:14:33,739 --> 01:14:37,208
<i>And as we walked down the aisle
to our seats,</i>

1254
01:14:37,247 --> 01:14:41,716
<i>what seemed like the entire
audience began to applaud,</i>

1255
01:14:42,012 --> 01:14:45,059
many stood, Ruth beamed.

1256
01:14:45,581 --> 01:14:48,951
I beamed too, leaned over

1257
01:14:49,153 --> 01:14:51,434
and whispered loudly,

1258
01:14:51,708 --> 01:14:56,192
"I bet you didn't know there's a
convention of tax lawyers in town."

1259
01:14:58,138 --> 01:15:01,773
<i>Well, without changing
her bright smile,</i>

1260
01:15:02,044 --> 01:15:04,700
<i>Ruth smacked me right
in the stomach.</i>

1261
01:15:05,513 --> 01:15:09,583
<i>I give you this picture
because it fairly captures</i>

1262
01:15:09,723 --> 01:15:13,273
<i>our nearly
50-year happy marriage.</i>

1263
01:15:13,309 --> 01:15:16,220
<i>During which I've offered
up an astonishing</i>

1264
01:15:16,256 --> 01:15:18,438
<i>number of foolish pronouncements</i>

1265
01:15:18,521 --> 01:15:21,179
<i>and Ruth has
ignored almost every one.</i>

1266
01:15:21,281 --> 01:15:22,757
[CROWD LAUGHING]

1267
01:15:22,875 --> 01:15:25,218
[APPLAUSE]

1268
01:15:27,857 --> 01:15:29,320
Well, I think part of the time

1269
01:15:29,356 --> 01:15:31,622
when he was sick,
she was in denial.

1270
01:15:32,067 --> 01:15:34,700
<i>He just became weaker
and weaker.</i>

1271
01:15:35,153 --> 01:15:37,513
The way people get
sick when they're...

1272
01:15:37,983 --> 01:15:39,719
close to dying, but...

1273
01:15:41,247 --> 01:15:46,028
she somehow knew how to turn off
those tear ducts in public.

1274
01:15:46,776 --> 01:15:48,684
She steeled herself for it.

1275
01:15:50,346 --> 01:15:53,582
RUTH:<i> I found this letter...</i>

1276
01:15:54,083 --> 01:15:56,669
<i>next to Marty's bed
in the hospital.</i>

1277
01:15:57,553 --> 01:15:59,254
<i>"My dearest Ruth,"</i>

1278
01:15:59,942 --> 01:16:03,325
<i>you are the only person
I have loved in my life,</i>

1279
01:16:03,997 --> 01:16:07,817
<i>setting aside a bit parents
and kids and their kids.</i>

1280
01:16:08,973 --> 01:16:12,234
<i>What a treat it has been
to watch you progress</i>

1281
01:16:12,716 --> 01:16:15,020
<i>to the very top
of the legal world.</i>

1282
01:16:16,466 --> 01:16:18,828
<i>I have admired and loved you</i>

1283
01:16:18,864 --> 01:16:21,638
<i>almost since the day we
first met at Cornell,</i>

1284
01:16:21,822 --> 01:16:23,968
<i>some 56 years ago.</i>

1285
01:16:26,450 --> 01:16:29,544
<i>The time has come for me
to take leave of life...</i>

1286
01:16:30,186 --> 01:16:32,341
<i>because the loss of quality...</i>

1287
01:16:32,922 --> 01:16:35,872
<i>now simply overwhelms.</i>

1288
01:16:37,481 --> 01:16:40,356
<i>I hope you will support
where I come out...</i>

1289
01:16:41,564 --> 01:16:43,927
<i>and I understand you may not.</i>

1290
01:16:46,202 --> 01:16:48,145
<i>I will not love you...</i>

1291
01:16:49,505 --> 01:16:51,640
<i>"a jot less."</i>

1292
01:16:54,802 --> 01:16:58,247
MARTY:<i>We met on a blind date
in 1950.</i>

1293
01:16:58,458 --> 01:17:03,169
<i>The truth is it was a blind
date only on Ruth's side.</i>

1294
01:17:03,484 --> 01:17:05,187
[LAUGHING]

1295
01:17:05,356 --> 01:17:07,067
MARTY:<i> I cheated.</i>

1296
01:17:07,187 --> 01:17:08,492
[LAUGHING]

1297
01:17:08,677 --> 01:17:13,169
MARTY:<i>I asked a classmate
to point her out in advance.</i>

1298
01:17:13,575 --> 01:17:17,666
<i>"Oh, ho, she's really cute,"
I perceptively noticed.</i>

1299
01:17:18,309 --> 01:17:22,216
<i>And then after a couple
of evenings out, I, uh, added,</i>

1300
01:17:22,252 --> 01:17:25,684
<i>"and boy she's really,
really smart."</i>

1301
01:17:26,372 --> 01:17:30,677
<i>In the intervening 53 years,
nothing changed.</i>

1302
01:17:39,121 --> 01:17:40,329
Where are we headed?

1303
01:17:40,365 --> 01:17:42,633
We're headed
to these outdoor sculptures,

1304
01:17:42,677 --> 01:17:44,381
and all the sculptures are done
by contemporary

1305
01:17:44,416 --> 01:17:45,583
native American artists.

1306
01:17:46,411 --> 01:17:50,132
SPERA: <i>After a period
of very justified mourning,</i>

1307
01:17:50,403 --> 01:17:52,567
she sort of relaunched herself,

1308
01:17:52,629 --> 01:17:54,755
into her work and
filled the time

1309
01:17:54,791 --> 01:17:56,359
that she would have spent

1310
01:17:56,395 --> 01:17:58,516
with my grandfather, with work

1311
01:17:58,552 --> 01:18:00,031
both to distract herself I think

1312
01:18:00,067 --> 01:18:02,844
<i>from his absence but also
to honor him.</i>

1313
01:18:03,403 --> 01:18:07,315
WOMAN: This is her son, James,
and this is her grandson...

1314
01:18:07,950 --> 01:18:09,672
TOTENBERG:<i> Marty was her life.</i>

1315
01:18:09,708 --> 01:18:12,421
<i>And her children
and grandchildren who</i>

1316
01:18:12,456 --> 01:18:14,289
<i>have a life of their own.</i>

1317
01:18:14,622 --> 01:18:16,658
<i>She's very much interested
in arts</i>

1318
01:18:16,693 --> 01:18:18,677
<i>and loves to go to those things.</i>

1319
01:18:18,934 --> 01:18:21,716
And then she goes home
at the end of the evening

1320
01:18:21,824 --> 01:18:23,524
and works until four
in the morning.

1321
01:18:23,747 --> 01:18:27,403
These two pieces
are by a creek artist.

1322
01:18:27,481 --> 01:18:29,591
RUTH: And what is she called,
that one?

1323
01:18:29,665 --> 01:18:31,001
TOUR GUIDE: She's called
a woman warrior.

1324
01:18:31,036 --> 01:18:34,591
Any kind of battle you bring
to her, she's ready for it.

1325
01:18:38,419 --> 01:18:41,031
It's considered one of the most
important pieces

1326
01:18:41,067 --> 01:18:43,731
of civil rights legislation
ever passed,

1327
01:18:43,778 --> 01:18:46,555
but by 5-4 the
U.S. Supreme Court today,

1328
01:18:46,591 --> 01:18:49,898
took the teeth out of a law
enacted nearly 50 years ago.

1329
01:18:49,934 --> 01:18:53,255
REPORTER:<i>Voting rights act has
policed voting discrimination</i>

1330
01:18:53,302 --> 01:18:56,434
<i>but today's decision
effectively puts it on hold.</i>

1331
01:18:56,567 --> 01:18:58,227
REPORTER 2: <i>Chief justice,
John Roberts,</i>

1332
01:18:58,263 --> 01:19:01,536
<i>summarized his opinion
with four telling words,</i>

1333
01:19:01,571 --> 01:19:04,106
<i>"our country has changed."</i>

1334
01:19:07,104 --> 01:19:11,106
RUTH:

1335
01:19:13,014 --> 01:19:15,809
"...is like throwing away
your umbrella..."

1336
01:19:16,622 --> 01:19:18,056
"in a rainstorm..."

1337
01:19:18,497 --> 01:19:20,528
"because you are not getting
wet."

1338
01:19:20,934 --> 01:19:25,645
She called out the majority
and said this makes zero sense.

1339
01:19:26,028 --> 01:19:30,427
The entire reason that racial
discrimination in voting

1340
01:19:30,825 --> 01:19:35,367
is not happening is because
we have this very important law.

1341
01:19:35,403 --> 01:19:39,239
I was righteously angry
right alongside with her.

1342
01:19:39,395 --> 01:19:43,036
Her dissent was the introduction
for many young people

1343
01:19:43,161 --> 01:19:45,927
about how important the Court is
to our everyday lives.

1344
01:19:46,223 --> 01:19:48,183
<i>I just pulled up Photoshop
and did the design</i>

1345
01:19:48,218 --> 01:19:49,356
<i>in like 15 minutes.</i>

1346
01:19:49,411 --> 01:19:51,062
AMINA SOW: <i>I came up
with a couple slogans</i>

1347
01:19:51,098 --> 01:19:53,161
but the one that kept coming
back to me was,

1348
01:19:53,204 --> 01:19:56,071
"you can't spell truth
without Ruth."

1349
01:19:57,116 --> 01:19:59,344
KNIZHNIK:<i>A friend of mine
posted on Facebook saying,</i>

1350
01:19:59,380 --> 01:20:01,364
"Wow! Justice Ginsburg,
sure can write"

1351
01:20:01,407 --> 01:20:02,797
# NotoriousRBG

1352
01:20:03,388 --> 01:20:07,035
<i>So I started a Tumblr
and I called it Notorious RBG.</i>

1353
01:20:07,770 --> 01:20:09,825
NOTRE DAME: <i>She is known to fans
the world over as,</i>

1354
01:20:09,861 --> 01:20:12,106
<i>the Notorious RBG.</i>

1355
01:20:13,142 --> 01:20:16,473
BIGGIE SMALLS:<i>Yeah... This album is
dedicated to all the teachers</i>

1356
01:20:16,509 --> 01:20:18,552
<i>that told me I'd never amount
to nothing.</i>

1357
01:20:18,622 --> 01:20:22,851
I do know where
the Notorious RBG came from.

1358
01:20:23,402 --> 01:20:28,252
It... it was the rapper
the Notorious B.I.G.

1359
01:20:28,633 --> 01:20:29,664
[RAP MUSIC]

1360
01:20:29,805 --> 01:20:33,969
♪ ♪

1361
01:20:34,263 --> 01:20:38,270
People ask me, "don't you feel
uncomfortable being"

1362
01:20:38,847 --> 01:20:42,231
with a name
like Notorious B.I.G?"

1363
01:20:43,206 --> 01:20:46,200
Um... why should I feel
uncomfortable?

1364
01:20:46,661 --> 01:20:48,536
We have a lot in common.

1365
01:20:48,641 --> 01:20:49,672
[LAUGHING]

1366
01:20:49,735 --> 01:20:52,602
[APPLAUSE]

1367
01:20:54,098 --> 01:20:55,785
First and foremost...

1368
01:20:56,228 --> 01:20:59,309
we were both born and bred
in Brooklyn, New York.

1369
01:20:59,407 --> 01:21:00,609
[LAUGHING]

1370
01:21:01,208 --> 01:21:03,425
SOW: <i>Young people are really
craving</i>

1371
01:21:03,460 --> 01:21:04,793
<i>different kinds of icons.</i>

1372
01:21:05,153 --> 01:21:07,095
Realizing that somebody like RBG

1373
01:21:07,130 --> 01:21:09,950
has been doing her job
for decades

1374
01:21:10,098 --> 01:21:12,801
<i>and being forceful
and speaking truth to power</i>

1375
01:21:12,836 --> 01:21:14,436
<i>kind of blows my mind.</i>

1376
01:21:14,903 --> 01:21:16,538
DON LEMON:<i>A big win
for conservatives</i>

1377
01:21:16,573 --> 01:21:18,388
<i>in the hobby lobby case.</i>

1378
01:21:19,204 --> 01:21:23,359
♪ ♪

1379
01:21:24,050 --> 01:21:26,754
ROBERTS: <i>Justice Ginsburg
has filed a dissenting opinion.</i>

1380
01:21:27,432 --> 01:21:30,566
RUTH:

1381
01:21:38,475 --> 01:21:42,234
We were all so hungry to hear
from Ruth Bader Ginsburg.

1382
01:21:42,270 --> 01:21:44,199
Every time justice Ginsburg
wrote a dissent,

1383
01:21:44,234 --> 01:21:45,461
the Internet would explode.

1384
01:21:45,497 --> 01:21:47,766
MAN 1: <i>Justice Ginsburg
has filed a dissenting opinion.</i>

1385
01:21:47,802 --> 01:21:50,242
MAN 2: <i>Justice Ginsburg has
filed a dissenting opinion.</i>

1386
01:21:50,278 --> 01:21:52,239
RUTH: <i>My dissenting opinion.
I dissent.</i>

1387
01:21:52,275 --> 01:21:54,180
<i>Dissent from today's decision.</i>

1388
01:21:54,216 --> 01:21:56,510
CARMON:<i>You just had to put
the words Ruth Bader Ginsburg</i>

1389
01:21:56,546 --> 01:22:00,005
<i>into something and it would be
shared compulsively.</i>

1390
01:22:00,227 --> 01:22:07,445
♪ ♪

1391
01:22:08,274 --> 01:22:11,289
♪ ♪

1392
01:22:11,458 --> 01:22:17,799
TOTENBERG: <i>She's become such
a rock star and she enjoys it.</i>

1393
01:22:18,500 --> 01:22:19,329
To see

1394
01:22:19,365 --> 01:22:22,013
people wear
Notorious RBG t-shirts

1395
01:22:22,049 --> 01:22:25,288
or other paraphernalia
with her face on it.

1396
01:22:25,475 --> 01:22:27,133
It's weird honestly.

1397
01:22:27,169 --> 01:22:29,310
She gives her RBG t-shirts
to people.

1398
01:22:29,513 --> 01:22:31,313
EDWARDS: <i>She called and laughed
did you get the birthday gift?</i>

1399
01:22:31,348 --> 01:22:33,448
I said I did I'm wearing it.

1400
01:22:33,483 --> 01:22:35,802
- Tattoos! Yeah.
- Lots of tattoos.

1401
01:22:35,990 --> 01:22:38,253
CARMON:<i>I had a picture
of one of the tattoos</i>

1402
01:22:38,294 --> 01:22:41,091
and I showed it to her
and she goes "uh!"

1403
01:22:41,383 --> 01:22:43,591
Why would you do something
so permanent?"

1404
01:22:45,209 --> 01:22:47,740
Here now to comment
is Ruth Bader Ginsburg.

1405
01:22:47,906 --> 01:22:49,625
[CROWD CHEERING]

1406
01:22:50,953 --> 01:22:52,587
Alright! Justice coming in hot.

1407
01:22:52,623 --> 01:22:55,804
I'm ready to rumble
Mayweather, Pacquiao style.

1408
01:22:56,115 --> 01:22:58,707
I float like a butterfly,
sting like a bee,

1409
01:22:58,742 --> 01:23:00,779
I clean myself like a fly.

1410
01:23:00,954 --> 01:23:03,141
[LAUGHING]

1411
01:23:03,546 --> 01:23:04,797
JIM:<i> It's so unlike mom,</i>

1412
01:23:04,833 --> 01:23:07,949
but I don't think mom...
an accurate imitation of mom

1413
01:23:07,984 --> 01:23:09,724
would be that funny.

1414
01:23:09,896 --> 01:23:11,857
BETSY: Do you think
she watches them?

1415
01:23:11,958 --> 01:23:13,388
I don't think she ever has
watched television.

1416
01:23:13,423 --> 01:23:15,090
Yeah, I'm not sure she knows
how to turn on...

1417
01:23:15,125 --> 01:23:17,435
No, no, she watches the<i> NewsHour</i>
while she's working out.

1418
01:23:17,560 --> 01:23:19,995
Yeah, but that's at the Court,
does she know how to turn on

1419
01:23:20,030 --> 01:23:22,107
- the television at home?
- I don't think so.

1420
01:23:22,740 --> 01:23:27,068
<i>Here to explain is Supreme Court
Justice Ruth Bader Ginsburg.</i>

1421
01:23:27,103 --> 01:23:28,803
Is this' Saturday Night Live'?

1422
01:23:29,599 --> 01:23:34,042
I like my men like I like
my decisions: 5-4.

1423
01:23:34,077 --> 01:23:36,711
That's a third-degree Gins-burn!!

1424
01:23:37,296 --> 01:23:39,530
[LAUGHING]

1425
01:23:47,295 --> 01:23:49,826
It's marvelously funny.
How did they...

1426
01:23:50,466 --> 01:23:51,912
JULIE COHEN:
Remind you of yourself?

1427
01:23:52,677 --> 01:23:54,146
Not one bit.

1428
01:23:57,800 --> 01:23:59,367
Except for the collar.

1429
01:23:59,849 --> 01:24:01,102
What about the state
of the union

1430
01:24:01,137 --> 01:24:02,607
where you were caught sleeping?

1431
01:24:02,654 --> 01:24:04,739
No, I wasn't sleeping
I was just giving in

1432
01:24:04,774 --> 01:24:06,716
to the weight of my glasses.

1433
01:24:06,984 --> 01:24:08,898
[LAUGHING]

1434
01:24:11,315 --> 01:24:12,650
SPERA: <i>Watching the state
of the union</i>

1435
01:24:12,685 --> 01:24:15,758
<i>and I notice that her head
is drooping a little bit</i>

1436
01:24:15,794 --> 01:24:19,646
<i>and she might have dozed off
for about a minute or two.</i>

1437
01:24:19,880 --> 01:24:21,790
After that happened,
I called her up and said,

1438
01:24:22,246 --> 01:24:24,241
"you know, bubbe, you were asleep
during the state of the union,

1439
01:24:24,276 --> 01:24:25,204
you can't do that."

1440
01:24:25,240 --> 01:24:26,920
TOTENBERG: You went to
the state of the union

1441
01:24:26,955 --> 01:24:28,187
and you fell asleep.

1442
01:24:29,858 --> 01:24:31,599
As I often do.

1443
01:24:32,099 --> 01:24:34,243
<i>The audience for the most part
is awake,</i>

1444
01:24:34,279 --> 01:24:37,446
because they're bobbing up
and down all the time...

1445
01:24:37,771 --> 01:24:40,723
and we sit there, stone faced...

1446
01:24:41,044 --> 01:24:43,211
sober judges. But we're not...

1447
01:24:43,638 --> 01:24:46,443
at least I wasn't,
a hundred percent sober.

1448
01:24:46,516 --> 01:24:48,531
[LAUGHING]

1449
01:24:49,263 --> 01:24:53,021
TOTENBERG: <i>She does look vulnerable,
she is this tiny little person</i>

1450
01:24:53,107 --> 01:24:55,190
and that is somehow in contrast
with being

1451
01:24:55,225 --> 01:25:01,248
the ferocious defender
of minorities and women and...

1452
01:25:02,064 --> 01:25:03,780
certain kinds of ideals.

1453
01:25:03,816 --> 01:25:05,833
There's always I think
the concern that can she

1454
01:25:05,873 --> 01:25:07,779
continue to keep up this pace?

1455
01:25:07,815 --> 01:25:10,671
Well, she's now been through

1456
01:25:10,707 --> 01:25:12,419
two different types of cancer

1457
01:25:12,455 --> 01:25:14,341
without missing a day
on the bench.

1458
01:25:14,826 --> 01:25:19,514
RUTH: <i>I had my first cancer
bout in 1999,</i>

1459
01:25:19,549 --> 01:25:21,249
<i>Colorectal cancer.</i>

1460
01:25:21,654 --> 01:25:24,552
<i>It was the year of first surgery</i>

1461
01:25:24,587 --> 01:25:26,888
<i>and then chemotherapy.</i>

1462
01:25:27,490 --> 01:25:30,302
<i>Ten years later,
I had pancreatic cancer.</i>

1463
01:25:31,005 --> 01:25:33,828
I think what it has left me
is...

1464
01:25:34,388 --> 01:25:38,767
an enhanced appreciation
of the joys of being alive.

1465
01:25:39,270 --> 01:25:41,837
What I need you to do
is just grab them and just pull.

1466
01:25:42,154 --> 01:25:44,852
- Just standing up straight?
- Just pull, don't lean back.

1467
01:25:44,888 --> 01:25:49,248
Good, just pull, pull, okay?
Arch that back. Good.

1468
01:25:50,716 --> 01:25:52,927
- This is light.
- I know, I know,

1469
01:25:53,449 --> 01:25:54,716
I got a heavier one.

1470
01:25:54,912 --> 01:25:56,985
Since it's too light,
I got a heavier one

1471
01:25:57,607 --> 01:26:00,818
BRYANT JOHNSON: <i>I started training
justice Ginsburg back in 1999.</i>

1472
01:26:01,162 --> 01:26:03,212
<i>She had just come out
of chemotherapy</i>

1473
01:26:03,248 --> 01:26:06,732
and she wanted to build muscle
and get stronger.

1474
01:26:07,747 --> 01:26:08,880
<i>She's like a cyborg.</i>

1475
01:26:08,994 --> 01:26:11,594
<i>And when I say cyborg,
she's like a machine.</i>

1476
01:26:11,813 --> 01:26:12,813
[OPERA MUSIC]

1477
01:26:13,063 --> 01:26:19,531
♪ ♪

1478
01:26:20,849 --> 01:26:24,060
Lean back. Good, yeah,
and pull yourself up.

1479
01:26:24,514 --> 01:26:26,281
Exactly. Good.

1480
01:26:26,539 --> 01:26:30,031
♪ ♪

1481
01:26:30,419 --> 01:26:32,987
Alright, bring chest down
to the ball, good.

1482
01:26:33,271 --> 01:26:35,757
They're real push-ups right,
they're not girl push-ups.

1483
01:26:35,854 --> 01:26:39,481
No, th... they are...
very real, yes.

1484
01:26:39,579 --> 01:26:40,579
[LAUGHING]

1485
01:26:40,724 --> 01:26:43,231
HELSEL: <i>I've heard
that she's does 20 push-ups,</i>

1486
01:26:43,266 --> 01:26:44,533
three times a week or something.

1487
01:26:44,568 --> 01:26:46,281
I mean we can't even
get off the floor.

1488
01:26:46,317 --> 01:26:47,900
We can't even get
down to the floor.

1489
01:26:47,985 --> 01:26:49,539
[LAUGHING]

1490
01:26:49,602 --> 01:26:51,140
That's true.

1491
01:26:51,693 --> 01:26:55,443
RUTH: <i>I always feel better
no matter how tired I am,</i>

1492
01:26:55,931 --> 01:26:59,123
at the end of that hour,
I'm ready to go again.

1493
01:26:59,688 --> 01:27:01,445
♪ ♪

1494
01:27:02,185 --> 01:27:06,208
She definitely embodies
the larger than life nature

1495
01:27:06,256 --> 01:27:09,390
of the "notorious" title...

1496
01:27:09,691 --> 01:27:10,892
more and more as she gets older.

1497
01:27:10,927 --> 01:27:13,774
She's become much more public,
much more vocal.

1498
01:27:13,810 --> 01:27:15,496
Especially in a time
when our politics

1499
01:27:15,531 --> 01:27:17,474
are just so garbage.

1500
01:27:17,724 --> 01:27:20,168
REPORTER 1: <i>Justice Ruth Bader
Ginsburg spoke fearfully</i>

1501
01:27:20,203 --> 01:27:21,787
<i>of a Donald Trump presidency.</i>

1502
01:27:21,880 --> 01:27:24,704
REPORTER 2: <i>An unusually candid
political outpouring</i>

1503
01:27:24,740 --> 01:27:26,423
<i>calling Trump a "faker."</i>

1504
01:27:26,459 --> 01:27:28,158
Justice Ginsburg, uh,

1505
01:27:28,194 --> 01:27:30,575
made some very,
very inappropriate...

1506
01:27:30,611 --> 01:27:31,974
statements toward me.

1507
01:27:32,015 --> 01:27:33,466
I was flabbergasted.

1508
01:27:33,662 --> 01:27:37,286
<i>It surprised me that she would
comment in a derogatory way</i>

1509
01:27:37,322 --> 01:27:40,896
about any candidate
for president. It's...

1510
01:27:43,592 --> 01:27:44,692
it's inappropriate.

1511
01:27:44,728 --> 01:27:46,828
It's not just a matter
of decorum...

1512
01:27:47,005 --> 01:27:49,931
it's a matter of her
not understanding

1513
01:27:49,966 --> 01:27:51,297
her Constitutional role.

1514
01:27:51,333 --> 01:27:54,282
She has just come out and issued
an apology.

1515
01:27:54,318 --> 01:27:57,305
You released a statement
that read, "judges should avoid"

1516
01:27:57,341 --> 01:27:59,990
commenting on a candidate
for public office."

1517
01:28:00,248 --> 01:28:03,645
But do you really regret
the substance of what you said?

1518
01:28:03,680 --> 01:28:05,271
I think in the best,

1519
01:28:05,318 --> 01:28:08,185
the wisest course would have
been to say nothing.

1520
01:28:08,482 --> 01:28:11,586
Is it wrong
for Supreme Court justices to...

1521
01:28:12,052 --> 01:28:14,722
uh, to occasionally make
a mistake? No.

1522
01:28:14,757 --> 01:28:16,060
They're human beings

1523
01:28:16,130 --> 01:28:18,407
and she's a human being
and she apologized for it.

1524
01:28:18,443 --> 01:28:22,857
It is quite possible that many,
many executive orders

1525
01:28:22,990 --> 01:28:27,029
or other things that a president
has supported or done

1526
01:28:27,107 --> 01:28:29,399
are going to come before
the Supreme Court

1527
01:28:29,435 --> 01:28:33,044
and that now we have a sitting
justice indicating,

1528
01:28:33,107 --> 01:28:35,777
that the person
has a deep antipathy,

1529
01:28:35,812 --> 01:28:38,479
uh, against the lawmaker.

1530
01:28:38,514 --> 01:28:39,781
The notion that I...

1531
01:28:40,044 --> 01:28:42,750
I don't comprehend that my job...

1532
01:28:43,107 --> 01:28:46,076
is to interpret the law fairly...

1533
01:28:47,021 --> 01:28:49,935
that I'm going to vote
one way...

1534
01:28:50,809 --> 01:28:54,185
based on who I might have voted
for president is just...

1535
01:28:57,264 --> 01:28:58,779
none of us...

1536
01:28:59,958 --> 01:29:01,585
even if we wanted to...

1537
01:29:02,208 --> 01:29:05,216
could be successful if that's
the attitude that we had.

1538
01:29:18,951 --> 01:29:20,922
ROBERT LONGBOTTOM:
You look marvelous.

1539
01:29:21,090 --> 01:29:24,404
<i>Knowing that we were opening on
the Saturday after the election,</i>

1540
01:29:24,646 --> 01:29:27,943
I wanted somebody who was
a Washington insider

1541
01:29:28,130 --> 01:29:30,832
<i>to play the
'Duchess of Krakenthorp'.</i>

1542
01:29:31,037 --> 01:29:34,037
"The best of the
house of Krakenthorp..."

1543
01:29:34,216 --> 01:29:38,612
RUTH: <i>There are very few operas
that have speaking parts</i>

1544
01:29:39,042 --> 01:29:42,076
and the Duchess of Krackenthorp

1545
01:29:42,290 --> 01:29:45,357
<i>is one such part. So I wrote...</i>

1546
01:29:46,105 --> 01:29:49,581
<i>basically my own lines for
the Duchess of Krackenthorp.</i>

1547
01:29:49,983 --> 01:29:51,741
[CLASSICAL MUSIC]

1548
01:29:51,777 --> 01:29:55,522
♪ ♪

1549
01:29:55,725 --> 01:29:58,123
[CROWD CHEERING]

1550
01:29:59,214 --> 01:30:02,526
"The best of the house
of Krakenthorp"

1551
01:30:03,029 --> 01:30:06,698
have open, but not empty minds.

1552
01:30:07,175 --> 01:30:08,908
No surprise then

1553
01:30:09,456 --> 01:30:13,241
that the most valorous
krakenthorpians

1554
01:30:13,276 --> 01:30:14,691
"have been women!"

1555
01:30:14,829 --> 01:30:15,829
[LAUGHING]

1556
01:30:15,969 --> 01:30:18,242
[CROWD CHEERING]

1557
01:30:18,745 --> 01:30:21,093
"A lady Krackenthorp"

1558
01:30:21,816 --> 01:30:25,319
at all times must conduct herself

1559
01:30:25,354 --> 01:30:28,189
with dignity and grace.

1560
01:30:28,667 --> 01:30:32,620
We now request certain
essential documents.

1561
01:30:32,735 --> 01:30:33,735
[LAUGHING]

1562
01:30:33,929 --> 01:30:36,761
"Have you brought your niece's
birth certificate?"

1563
01:30:36,868 --> 01:30:39,233
[LAUGHING]

1564
01:30:45,319 --> 01:30:46,506
[LAUGHING]

1565
01:30:46,757 --> 01:30:50,300
"Ours is a family
wildly trumpeted,"

1566
01:30:50,862 --> 01:30:54,218
hence we must take
precautions against

1567
01:30:54,801 --> 01:30:56,409
"fraudulent pretenders."

1568
01:30:56,476 --> 01:30:57,999
[LAUGHING]

1569
01:30:59,334 --> 01:31:01,435
[CROWD CHEERING]

1570
01:31:13,472 --> 01:31:16,838
<i>Justice Ginsburg, I think everyone
expected you to retire soon.</i>

1571
01:31:16,874 --> 01:31:17,948
<i>I mean, you're 83.</i>

1572
01:31:18,003 --> 01:31:21,058
Yeah, you're damn right.
I was gonna retire. Ugh!

1573
01:31:21,283 --> 01:31:22,428
But not now.

1574
01:31:22,464 --> 01:31:24,745
Not now, now I gotta stay
alive and healthy.

1575
01:31:24,780 --> 01:31:26,647
Damn it. Give me my thing.

1576
01:31:27,026 --> 01:31:29,167
Excuse me, I gotta take
my vitamins.

1577
01:31:30,143 --> 01:31:32,570
COLIN JOST: Oh my god,
that's...

1578
01:31:33,754 --> 01:31:35,909
JOST:<i>...That's...
that's a packet.</i>

1579
01:31:36,335 --> 01:31:37,678
[LAUGHING]

1580
01:31:42,438 --> 01:31:45,741
TOTENBERG: Justice Ginsburg,
let me ask you a tough question.

1581
01:31:45,878 --> 01:31:50,550
There were liberals who publicly
urged you to retire, uh...

1582
01:31:51,473 --> 01:31:52,733
two or three years ago,

1583
01:31:52,769 --> 01:31:55,909
so that president Obama
could name a replacement.

1584
01:31:56,776 --> 01:31:59,245
Any second thoughts
about not doing that?

1585
01:32:01,769 --> 01:32:04,237
I have said many times
that I will...

1586
01:32:05,042 --> 01:32:06,342
do this job...

1587
01:32:06,774 --> 01:32:10,690
as long as I can do it
full steam.

1588
01:32:11,364 --> 01:32:13,466
And when I can't...

1589
01:32:14,500 --> 01:32:16,058
that will be the time,

1590
01:32:16,639 --> 01:32:18,373
I will step down.

1591
01:32:20,691 --> 01:32:23,691
MILLER: <i>She has found her voice
on the Court.</i>

1592
01:32:24,207 --> 01:32:26,175
She is a center of power...

1593
01:32:27,042 --> 01:32:29,284
on the Court and off the Court.

1594
01:32:29,394 --> 01:32:31,295
TOTENBERG:
<i>When the history books are written,</i>

1595
01:32:31,331 --> 01:32:32,980
<i>an enormous amount will be about</i>

1596
01:32:33,015 --> 01:32:36,167
what she did as a very young lawyer.

1597
01:32:36,581 --> 01:32:39,537
PERATIS: <i>There would not
have been the legal status</i>

1598
01:32:39,573 --> 01:32:42,730
<i>of women today had it not been
for her work in the '70s.</i>

1599
01:32:42,932 --> 01:32:45,420
She changed everything.

1600
01:32:45,456 --> 01:32:49,401
RUTH: <i>The gender line helps
to keep women not on a pedestal</i>

1601
01:32:49,944 --> 01:32:51,110
<i>but in a cage</i>

1602
01:32:51,620 --> 01:32:55,436
Ruth's work made me feel
as if I was protected

1603
01:32:55,472 --> 01:32:58,230
by the U.S. Constitution
for the first time.

1604
01:32:58,441 --> 01:33:00,841
RUTH: <i>Men and women are persons
of equal dignity</i>

1605
01:33:00,876 --> 01:33:03,941
<i>and they should count equally
before the law.</i>

1606
01:33:04,034 --> 01:33:07,782
She may be small but she's got
a firm backbone.

1607
01:33:08,269 --> 01:33:10,326
CARMON:
<i>It's been a long road for her</i>

1608
01:33:10,362 --> 01:33:13,542
<i>and she's fought really hard
all the way down it.</i>

1609
01:33:13,923 --> 01:33:15,489
She's not done fighting.

1610
01:33:15,980 --> 01:33:18,559
RUTH:
<i>Looking back over my long life.</i>

1611
01:33:19,128 --> 01:33:21,948
Yes, we may be in trying times...

1612
01:33:23,231 --> 01:33:25,332
but think how it was.

1613
01:33:25,714 --> 01:33:27,849
RUTH: When I went to college...

1614
01:33:28,151 --> 01:33:31,439
there was a big red scare
in our country.

1615
01:33:32,042 --> 01:33:35,462
Some people in our Congress saw
a communist in every closet

1616
01:33:35,498 --> 01:33:37,322
and in every corner.

1617
01:33:37,566 --> 01:33:40,348
But it impressed me, that there
were lawyers reminding our Congress

1618
01:33:40,383 --> 01:33:43,276
that we have freedom of speech
and of the press.

1619
01:33:43,390 --> 01:33:47,194
So I thought that that was a
pretty good thing to do...

1620
01:33:47,736 --> 01:33:49,001
♪ ♪

1621
01:33:49,731 --> 01:33:52,237
<i>To help keep our country in tune</i>

1622
01:33:52,273 --> 01:33:56,300
<i>with its most basic values.</i>

1623
01:33:56,634 --> 01:33:58,180
♪ ♪

1624
01:33:58,683 --> 01:34:01,275
Now is the busiest season
for the Court.

1625
01:34:01,311 --> 01:34:04,894
All dissenting opinions
have to be...

1626
01:34:05,823 --> 01:34:07,191
circulated.

1627
01:34:07,636 --> 01:34:11,245
And I have a few of those
still to go.

1628
01:34:11,995 --> 01:34:15,916
One of the world's greatest
jurists, judge learned hand...

1629
01:34:16,386 --> 01:34:19,304
said, that the spirit of Liberty

1630
01:34:19,340 --> 01:34:23,925
that imbues our Constitution
must lie first and foremost

1631
01:34:24,094 --> 01:34:26,531
in the hearts of
the men and women

1632
01:34:26,926 --> 01:34:29,223
who compose this great nation...

1633
01:34:29,558 --> 01:34:34,776
<i>a community where the least
shall be heard and considered</i>

1634
01:34:35,004 --> 01:34:38,386
side by side with the greatest.

1635
01:34:39,414 --> 01:34:43,230
I will keep that wisdom
in the front of my mind

1636
01:34:43,386 --> 01:34:46,213
as long as I am capable
of judicial service.

1637
01:34:47,003 --> 01:34:52,764
COURT OFFICER: <i>Oyez! Oyez! Oyez!
The Court is now sitting.</i>

1638
01:34:55,813 --> 01:35:01,562
♪ ♪

1639
01:35:02,335 --> 01:35:05,149
♪ When you feel you're taking
all that you can take ♪

1640
01:35:05,287 --> 01:35:08,055
♪ And you're sure you're
never gonna catch a break ♪

1641
01:35:08,214 --> 01:35:11,821
♪ And the tears are rivers
running down your face, ♪

1642
01:35:12,256 --> 01:35:16,508
♪ Yeah When your faith is low and
you've got no strength left ♪

1643
01:35:16,778 --> 01:35:19,946
♪ When you think you've gone
as far as you can get ♪

1644
01:35:20,164 --> 01:35:23,586
♪ And you're too undone
to take another step ♪

1645
01:35:23,891 --> 01:35:28,313
♪ Oh I will take up the struggle ♪

1646
01:35:30,499 --> 01:35:34,352
♪ Oh I know it's a fight ♪

1647
01:35:35,275 --> 01:35:41,531
♪ So I'll fight,
fight that war for you ♪

1648
01:35:41,661 --> 01:35:47,438
♪ I'll fight, stand and defend you ♪

1649
01:35:47,515 --> 01:35:51,047
♪ Take your side, ♪

1650
01:35:51,150 --> 01:35:53,586
♪ That's what I'm here to do ♪

1651
01:35:53,622 --> 01:35:56,231
♪ I'll be there to be strong ♪

1652
01:35:56,725 --> 01:36:03,382
♪ Oh I'll keep on,
keep on the fight ♪

1653
01:36:06,789 --> 01:36:09,563
♪ When it's dangerous,
takes another piece of you ♪

1654
01:36:09,599 --> 01:36:12,488
♪ Everybody takes all
they can get from you ♪

1655
01:36:12,594 --> 01:36:16,360
♪ Till you're left with almost
nothing left of you ♪

1656
01:36:18,273 --> 01:36:21,507
♪ When each night is like
a battle you can't win ♪

1657
01:36:21,591 --> 01:36:24,274
♪ And the pain is like a
weight you're carrying ♪

1658
01:36:24,395 --> 01:36:27,811
♪ I will be the one to help
you carry it ♪

1659
01:36:27,987 --> 01:36:33,313
♪ Oh I will take all your troubles ♪

1660
01:36:34,548 --> 01:36:38,726
♪ Oh I know it's a fight ♪

1661
01:36:39,473 --> 01:36:46,390
♪ So I'll fight,
fight that war for you ♪

1662
01:36:46,489 --> 01:36:51,858
♪ I'll fight, stand and defend you ♪

1663
01:36:52,023 --> 01:36:57,789
♪ Take your side, that's
what I'm here to do ♪

1664
01:36:58,131 --> 01:37:05,039
♪ I'll be there to be strong Oh
I'll keep on, keep on the fight ♪

1665
01:37:05,214 --> 01:37:10,821
♪ I'll help your back when
your backs to the wall ♪

1666
01:37:10,909 --> 01:37:15,610
♪ I'll catch the tears
when your tears fall ♪

1667
01:37:15,719 --> 01:37:20,571
♪ I will give it all I
won't give up the fight ♪

1668
01:37:20,863 --> 01:37:26,664
♪ So I'll fight,
fight that war for you ♪

1669
01:37:26,905 --> 01:37:32,700
♪ I'll fight, stand and defend you ♪

1670
01:37:32,892 --> 01:37:38,819
♪ Take your side, that's
what I'm here to do ♪

1671
01:37:38,855 --> 01:37:44,788
♪ I'll be there to be strong
Oh I'll keep on, keep on ♪

1672
01:37:44,824 --> 01:37:50,608
♪ The fight I'll fight,
fight that war for you ♪

1673
01:37:50,644 --> 01:37:57,541
♪ I'll fight, stand
and defend you... ♪