All language subtitles for On.The.Basis.Of.Sex.2018.1080p.BluRay.x264-[YTS.AM]-English
Afrikaans
Albanian
Amharic
Arabic
Armenian
Azerbaijani
Basque
Belarusian
Bengali
Bosnian
Bulgarian
Catalan
Cebuano
Chichewa
Chinese (Simplified)
Chinese (Traditional)
Corsican
Croatian
Czech
Danish
Dutch
English
Esperanto
Estonian
Filipino
Finnish
French
Frisian
Galician
Georgian
German
Greek
Gujarati
Haitian Creole
Hausa
Hawaiian
Hebrew
Hindi
Hmong
Hungarian
Icelandic
Igbo
Indonesian
Irish
Italian
Japanese
Javanese
Kannada
Kazakh
Khmer
Korean
Kurdish (Kurmanji)
Kyrgyz
Lao
Latin
Latvian
Lithuanian
Luxembourgish
Macedonian
Malagasy
Malay
Malayalam
Maltese
Maori
Marathi
Mongolian
Myanmar (Burmese)
Nepali
Norwegian
Pashto
Persian
Polish
Portuguese
Punjabi
Romanian
Russian
Samoan
Scots Gaelic
Serbian
Sesotho
Shona
Sindhi
Sinhala
Slovak
Slovenian
Somali
Spanish
Sundanese
Swahili
Swedish
Tajik
Tamil
Telugu
Thai
Turkish
Ukrainian
Urdu
Uzbek
Vietnamese
Welsh
Xhosa
Yiddish
Yoruba
Zulu
Odia (Oriya)
Kinyarwanda
Turkmen
Tatar
Uyghur
Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated:
1
00:00:29,205 --> 00:00:34,205
Subtitles by explosiveskull
Sync by GoldenBeard
2
00:03:07,013 --> 00:03:08,748
Anyone here?
3
00:03:15,822 --> 00:03:18,490
My name is Erwin Griswold.
4
00:03:18,492 --> 00:03:21,226
I am the dean of this place.
5
00:03:21,228 --> 00:03:23,897
Welcome to Harvard Law School.
6
00:03:24,999 --> 00:03:27,432
Take a moment
to look around you.
7
00:03:27,434 --> 00:03:29,034
In this room,
8
00:03:29,036 --> 00:03:31,837
there are Rhodes
and Fulbright Scholars,
9
00:03:31,839 --> 00:03:33,872
Phi Beta Kappa members,
10
00:03:33,874 --> 00:03:35,907
student body presidents,
11
00:03:35,909 --> 00:03:38,278
and a Harvard
football team captain.
12
00:03:39,581 --> 00:03:41,614
Together...
13
00:03:41,616 --> 00:03:44,317
you will become lawyers.
14
00:03:44,319 --> 00:03:47,854
This is a privilege you share.
15
00:03:47,856 --> 00:03:52,528
It is also a responsibility
you accept.
16
00:03:54,062 --> 00:03:56,262
Consider...
17
00:03:56,264 --> 00:04:00,503
what does it mean
to be a Harvard man?
18
00:04:01,870 --> 00:04:05,272
A Harvard man is
intelligent, of course,
19
00:04:05,274 --> 00:04:07,875
but he is also tenacious.
20
00:04:07,877 --> 00:04:12,179
He is a leader devoted
to the rule of law.
21
00:04:12,181 --> 00:04:16,551
He is mindful of his country,
loyal to tradition,
22
00:04:16,553 --> 00:04:19,554
and he is respectful
and protective
23
00:04:19,556 --> 00:04:21,857
of our institutions.
24
00:04:23,293 --> 00:04:25,293
"The net operating loss deductions
25
00:04:25,295 --> 00:04:28,129
"by the year shall be computed
as of Subsection A
26
00:04:28,131 --> 00:04:30,131
of this section,
applied to such tax review..."
27
00:04:30,133 --> 00:04:33,201
Which one makes me look
more like a Harvard man?
28
00:04:36,473 --> 00:04:38,006
I'm thrilled to report
29
00:04:38,008 --> 00:04:40,108
that you look nothing
like a Harvard man.
30
00:04:40,110 --> 00:04:41,410
Seriously?
It's the dean's dinner, Marty.
31
00:04:41,412 --> 00:04:42,977
You know how I am
at these things.
32
00:04:42,979 --> 00:04:44,279
I-I need to make
a good impression.
33
00:04:44,281 --> 00:04:46,449
And you will, Kiki,
but you've got it wrong.
34
00:04:46,451 --> 00:04:48,284
It's not the dress. It's you.
35
00:04:48,286 --> 00:04:52,288
You haven't touched
your tuna casserole.
36
00:04:52,290 --> 00:04:54,390
Come here, sweetie. Come.
37
00:04:54,392 --> 00:04:56,559
There we go.
38
00:04:56,561 --> 00:04:59,128
I put onions in.
They help, right?
39
00:04:59,130 --> 00:05:00,965
Definitely.
40
00:05:02,133 --> 00:05:05,267
I don't like either of these.
41
00:05:10,007 --> 00:05:11,675
Okay, where were we?
42
00:05:19,151 --> 00:05:20,584
Thank you.
43
00:05:37,270 --> 00:05:39,604
Ladies and gentlemen,
please join us
44
00:05:39,606 --> 00:05:41,706
in the dining room
as dinner is served.
45
00:05:41,708 --> 00:05:44,308
And, professors,
please escort the ladies in.
46
00:05:44,310 --> 00:05:46,477
After you. Please.
47
00:05:46,479 --> 00:05:48,314
May I?
48
00:05:52,720 --> 00:05:55,587
He remembers everything.
49
00:06:02,763 --> 00:06:04,730
He said, "Professor,
50
00:06:04,732 --> 00:06:06,331
have you corrected our papers?"
51
00:06:06,333 --> 00:06:08,667
And I said, "Correcting them
will take a lifetime.
52
00:06:08,669 --> 00:06:10,202
I'm merely grading them."
53
00:06:11,673 --> 00:06:13,573
Oh, wait a minute.
54
00:06:13,575 --> 00:06:16,643
Esteemed colleagues, ladies.
55
00:06:16,645 --> 00:06:20,647
This is only the sixth year
women have had the privilege
56
00:06:20,649 --> 00:06:22,782
to earn a Harvard law degree.
57
00:06:22,784 --> 00:06:26,653
This little soiree
is our way of saying welcome.
58
00:06:26,655 --> 00:06:28,721
My wife Harriet and I
59
00:06:28,723 --> 00:06:32,961
are very glad
all nine of you have joined us.
60
00:06:35,397 --> 00:06:38,231
Let us go around the table,
61
00:06:38,233 --> 00:06:42,403
and each of you ladies report
who you are, where you're from,
62
00:06:42,405 --> 00:06:45,506
and why you're occupying
a place at Harvard
63
00:06:45,508 --> 00:06:48,107
that could have gone to a man.
64
00:06:52,615 --> 00:06:54,248
Yeah.
65
00:06:54,250 --> 00:06:55,783
Well...
66
00:06:55,785 --> 00:06:58,354
why don't you
get us started, dear?
67
00:07:00,691 --> 00:07:02,691
I'm Hennie Callaghan.
68
00:07:02,693 --> 00:07:05,092
Father's a lawyer
back in Minneapolis.
69
00:07:05,094 --> 00:07:06,695
He used to give me
drafts of contracts
70
00:07:06,697 --> 00:07:07,796
to use for drawing paper.
71
00:07:07,798 --> 00:07:09,196
But at some point,
72
00:07:09,198 --> 00:07:11,065
I got more interested
in reading them
73
00:07:11,067 --> 00:07:12,467
than drawing on them.
74
00:07:12,469 --> 00:07:17,405
In a few years, it's gonna be
Callaghan and Callaghan.
75
00:07:17,407 --> 00:07:19,541
That was fine.
76
00:07:19,543 --> 00:07:21,142
Next.
77
00:07:23,848 --> 00:07:25,514
Emily Hicks.
78
00:07:25,516 --> 00:07:27,148
Hello. Connecticut.
79
00:07:27,150 --> 00:07:29,251
When I finished Mount Holyoke,
80
00:07:29,253 --> 00:07:31,086
my mother wanted me
to get married.
81
00:07:31,088 --> 00:07:32,788
But I didn't want to do that,
82
00:07:32,790 --> 00:07:34,423
and I didn't want
to be a teacher
83
00:07:34,425 --> 00:07:36,726
- or a nurse, so when I...
- Ah.
84
00:07:36,728 --> 00:07:39,495
That's not a very good reason.
85
00:07:39,497 --> 00:07:41,399
Next.
86
00:07:46,471 --> 00:07:48,371
- Oh.
- Watch it.
87
00:07:48,373 --> 00:07:49,573
Sorry.
88
00:07:56,448 --> 00:07:59,115
Uh, I'm...
89
00:07:59,117 --> 00:08:02,054
Ruth Ginsburg from Brooklyn.
90
00:08:03,889 --> 00:08:06,123
And why are you here,
Miss Ginsburg?
91
00:08:06,125 --> 00:08:10,160
Uh, M-Mrs. Ginsburg, actually.
92
00:08:10,162 --> 00:08:14,231
My husband Marty is
in the second-year class.
93
00:08:14,233 --> 00:08:17,167
I'm at Harvard
to learn more about his work,
94
00:08:17,169 --> 00:08:20,405
so I can be a more patient
and understanding wife.
95
00:08:24,911 --> 00:08:27,345
Come to dinner.
The beans will be boiled,
96
00:08:27,347 --> 00:08:30,348
the chicken will be stewed,
and you will be grilled.
97
00:08:30,350 --> 00:08:33,651
We came to Harvard
to be lawyers. Why else?
98
00:08:33,653 --> 00:08:34,887
It's truly an asinine question.
99
00:08:34,889 --> 00:08:36,220
He's never gonna take me
seriously.
100
00:08:36,222 --> 00:08:37,388
No, that's not true.
101
00:08:37,390 --> 00:08:38,791
You're the smartest
person here,
102
00:08:38,793 --> 00:08:40,258
and you're gonna be
the most prepared.
103
00:08:40,260 --> 00:08:41,927
So just stand up
and say what you know.
104
00:08:41,929 --> 00:08:43,495
At a place like this,
that's all that matters.
105
00:08:43,497 --> 00:08:46,231
In my experience,
even small mistakes
106
00:08:46,233 --> 00:08:48,634
are glaring when you stick out.
107
00:08:48,636 --> 00:08:51,272
Well, then you're very lucky.
108
00:08:52,873 --> 00:08:55,774
Because you...
109
00:08:55,776 --> 00:08:58,878
are very... short.
110
00:09:10,592 --> 00:09:12,227
Oh, yeah?
111
00:09:18,333 --> 00:09:19,801
Yeah.
112
00:09:21,403 --> 00:09:22,837
Well...
113
00:09:22,839 --> 00:09:25,573
why don't you come down here
114
00:09:25,575 --> 00:09:28,276
and say that to my face.
115
00:09:52,435 --> 00:09:55,506
Mrs. Ginsburg.
116
00:10:12,857 --> 00:10:14,456
I am Professor Brown.
117
00:10:14,458 --> 00:10:17,660
This is
Introduction to Contracts.
118
00:10:17,662 --> 00:10:19,931
Hawkins versus McGee.
119
00:10:20,865 --> 00:10:23,368
State the case, please...
120
00:10:32,945 --> 00:10:34,512
Mr. Pruitt.
121
00:10:36,314 --> 00:10:37,981
Uh, good morning.
I'm Donald Pruitt.
122
00:10:37,983 --> 00:10:39,616
I'm really honored
to be here...
123
00:10:39,618 --> 00:10:41,452
Hawkins v. McGee.
124
00:10:41,454 --> 00:10:43,454
Uh, yeah, Hawkins versus McGee,
it-it's a fascinating,
125
00:10:43,456 --> 00:10:45,789
uh, breach of contract case
where, um...
126
00:10:45,791 --> 00:10:48,792
oh, uh, Charles Hawkins hurt
his hand, and McGee had...
127
00:10:48,794 --> 00:10:50,963
Can someone help him, please?
128
00:10:58,805 --> 00:11:01,240
Mr. Fitzpatrick.
129
00:11:02,676 --> 00:11:04,709
It was Charles's son
who hurt his hand.
130
00:11:04,711 --> 00:11:06,911
- Electrocution burn.
- And at what point
131
00:11:06,913 --> 00:11:08,780
does the case turn,
Mr. Fitzpatrick?
132
00:11:08,782 --> 00:11:12,450
McGee promised to fix the hand
by performing a skin graft,
133
00:11:12,452 --> 00:11:14,786
but McGee wasn't very familiar
with the procedure,
134
00:11:14,788 --> 00:11:18,258
and the results
weren't quite what he planned.
135
00:11:20,795 --> 00:11:22,695
Question already, Mrs....
136
00:11:22,697 --> 00:11:24,697
- Ginsburg.
- Correction, Professor Brown.
137
00:11:24,699 --> 00:11:28,399
McGee did not simply promise
to fix George Hawkins' hand.
138
00:11:28,401 --> 00:11:31,704
He promised, quote,
"a 100% good hand."
139
00:11:31,706 --> 00:11:34,473
- That's the same thing.
- Is it?
140
00:11:34,475 --> 00:11:36,909
What say you, Mrs. Ginsburg?
141
00:11:36,911 --> 00:11:38,644
It is not.
142
00:11:38,646 --> 00:11:40,080
Words matter.
143
00:11:40,082 --> 00:11:42,648
McGee grafted skin
from Hawkins' chest.
144
00:11:42,650 --> 00:11:45,018
Not only did this fail
to fix the scarring,
145
00:11:45,020 --> 00:11:47,486
he had chest hair growing
on his palm.
146
00:11:47,488 --> 00:11:49,956
Proving that a hand with a burn
is worth two with a bush.
147
00:11:51,994 --> 00:11:54,728
The court denied
Hawkins' damages.
148
00:11:54,730 --> 00:11:56,096
Hawkins did get damages...
the court said
149
00:11:56,098 --> 00:11:57,831
- he could have...
- If I may finish.
150
00:11:57,833 --> 00:12:01,835
Hawkins was denied damages
for pain and suffering.
151
00:12:01,837 --> 00:12:03,403
The New Hampshire Supreme Court
152
00:12:03,405 --> 00:12:05,106
ruled he was entitled
to damages
153
00:12:05,108 --> 00:12:08,011
only based on the contract
being fulfilled.
154
00:12:09,545 --> 00:12:11,913
So if Dr. McGee had set
realistic expectations
155
00:12:11,915 --> 00:12:13,648
instead of making
grand promises,
156
00:12:13,650 --> 00:12:16,753
Hawkins' award likely
would have been less.
157
00:12:19,722 --> 00:12:24,492
Was that an answer,
Mrs. Ginsburg, or a filibuster?
158
00:12:30,034 --> 00:12:32,100
Mm.
159
00:12:32,102 --> 00:12:35,704
Mm.
160
00:12:35,706 --> 00:12:37,438
- Movie.
- Movie.
161
00:12:37,440 --> 00:12:38,907
- Four words.
- Four words.
162
00:12:38,909 --> 00:12:40,408
- Second word.
- Second word.
163
00:12:40,410 --> 00:12:41,710
- Seven?
- Seven.
164
00:12:41,712 --> 00:12:43,514
- Uh-oh.
- Fourth word. - Fourth word.
165
00:12:44,849 --> 00:12:47,183
- - Oh! Monkey!
- Oh! Gorilla! Monkey business.
166
00:12:47,185 --> 00:12:49,118
- Uh, ape!
- Monkey. Monkey.
167
00:12:49,120 --> 00:12:50,886
Ape. Uh...
168
00:12:50,888 --> 00:12:52,421
- Ooh.
- Monkey on my back.
169
00:12:54,960 --> 00:12:56,525
Second word, seven. Seven...
170
00:12:56,527 --> 00:12:57,794
Seven... Seven Bridesfor Seven Brothers?
171
00:12:57,796 --> 00:12:59,662
What does that have to do
with monkeys?
172
00:12:59,664 --> 00:13:02,497
- And... - Seven...
- Oh, oh, The Seven Year Itch!
173
00:13:02,499 --> 00:13:04,200
- Time!
- Yes!
174
00:13:06,638 --> 00:13:09,606
Ruthless Ruthy strikes again.
175
00:13:09,608 --> 00:13:11,608
Okay, next round's
riding on you.
176
00:13:11,610 --> 00:13:12,976
- Don't worry, he's very good.
- All right.
177
00:13:12,978 --> 00:13:14,544
Thank God, because she actually
178
00:13:14,546 --> 00:13:16,713
broke up with someone
for being bad at charades.
179
00:13:16,715 --> 00:13:19,216
- You didn't, really?
- Well, it was a manifestation
180
00:13:19,218 --> 00:13:20,851
of his being an idiot.
181
00:13:20,853 --> 00:13:22,786
- See?
- Don't worry, I'm comfortable
182
00:13:22,788 --> 00:13:24,587
- being smarter than you.
- Oh, thank you.
183
00:13:24,589 --> 00:13:27,057
- All right, everybody ready?
- Oh.
184
00:13:27,059 --> 00:13:28,826
- Uh, song. - A song.
- Um...
185
00:13:30,529 --> 00:13:32,897
- Uh, Buddy Holly? Uh...
- Uh, Bill Haley?
186
00:13:32,899 --> 00:13:34,632
By Elvis.
187
00:13:34,634 --> 00:13:35,699
Uh, three words.
188
00:13:35,701 --> 00:13:38,069
- First word.
- Uh, first word.
189
00:13:38,071 --> 00:13:39,570
Uh...
190
00:13:39,572 --> 00:13:40,738
- Uh, table. Um...
- A glass?
191
00:13:40,740 --> 00:13:41,672
- Um...
- A book!
192
00:13:41,674 --> 00:13:42,806
- Um, uh...
- Reading!
193
00:13:42,808 --> 00:13:44,175
Uh, blue!
194
00:13:44,177 --> 00:13:46,211
- Ah! "Blueberry Hill"?
- No, that's Fats Domino.
195
00:13:46,213 --> 00:13:48,213
Uh, third word,
third word. Floor.
196
00:13:48,215 --> 00:13:49,881
- Carpet.
- Dancing?
197
00:13:49,883 --> 00:13:52,884
- Nice moves.
- Oh. Ow. Ow. Hold on.
198
00:13:52,886 --> 00:13:55,687
- Oh, no sound effects.
- Oh. Oh, "Bl-Blue Suede Shoes."
199
00:13:55,689 --> 00:13:59,024
- Come on, Marty, you're a lightweight.
- Marty?
200
00:13:59,026 --> 00:14:01,526
Marty.
201
00:14:01,528 --> 00:14:05,097
- Help! Help! - Is he all right?
- Someone get some help!
202
00:14:12,707 --> 00:14:15,209
The doctor's ready
to see you now.
203
00:14:45,074 --> 00:14:46,907
Excuse me.
204
00:14:46,909 --> 00:14:48,744
Just a moment, please.
205
00:14:51,181 --> 00:14:53,014
- Excuse me, I just need...
- Just a moment.
206
00:14:53,016 --> 00:14:54,851
I need to make a call.
207
00:14:56,252 --> 00:14:59,020
Yes. Uh, can we have
the results today?
208
00:14:59,022 --> 00:15:00,888
E-Excuse me.
209
00:15:00,890 --> 00:15:03,291
Doctor, um,
you examined my husband.
210
00:15:03,293 --> 00:15:06,160
I'm wondering when you think
he'll be able to leave.
211
00:15:06,162 --> 00:15:07,729
I need to call the sitter. I...
212
00:15:07,731 --> 00:15:09,331
What's the patient's name?
213
00:15:09,333 --> 00:15:11,966
- Martin Ginsburg.
- Right.
214
00:15:11,968 --> 00:15:13,168
Ginsburg.
215
00:15:14,771 --> 00:15:16,904
Yeah, he's not
going home today.
216
00:15:16,906 --> 00:15:19,509
- Excuse me?
- We have more tests to run.
217
00:15:20,244 --> 00:15:22,177
Wha... What kind of tests?
218
00:15:22,179 --> 00:15:24,880
- Various kinds. He's gonna be with us a while.
- What tests?
219
00:15:24,882 --> 00:15:28,250
- I need to see him.
- Just go home, get some rest.
220
00:15:28,252 --> 00:15:30,052
We'll know more in a few days.
221
00:15:30,054 --> 00:15:32,189
Now, if you'll excuse me.
222
00:15:35,760 --> 00:15:38,196
How is he?
223
00:15:39,131 --> 00:15:40,765
Fine.
224
00:15:49,274 --> 00:15:52,010
Call anytime, okay?
225
00:15:55,680 --> 00:15:58,815
Bye.
226
00:16:48,936 --> 00:16:51,937
- Hi.
- Hi.
227
00:16:56,377 --> 00:16:59,613
At least you got a break
from my cooking.
228
00:17:03,885 --> 00:17:05,351
Afternoon.
229
00:17:05,353 --> 00:17:07,755
- Hey, Doc.
- Dr. Leadbetter.
230
00:17:10,925 --> 00:17:12,894
It's as we feared.
231
00:17:14,130 --> 00:17:17,898
Marty, you're young,
and we caught it early.
232
00:17:17,900 --> 00:17:20,434
We've pioneered
a new treatment here.
233
00:17:20,436 --> 00:17:22,736
It entails numerous surgeries,
234
00:17:22,738 --> 00:17:25,038
each followed
by a course of radiation.
235
00:17:25,040 --> 00:17:28,476
There's a chance you can go on
to a healthy, happy life,
236
00:17:28,478 --> 00:17:30,344
as if none of this
had happened.
237
00:17:30,346 --> 00:17:33,247
Wha... What kind of a chance?
238
00:17:33,249 --> 00:17:37,320
Dr. Leadbetter, we'd rather
know what we're facing.
239
00:17:38,787 --> 00:17:41,122
The survival rate
for testicular cancer
240
00:17:41,124 --> 00:17:43,024
has been about five percent.
241
00:17:45,195 --> 00:17:47,962
Thanks for the honesty.
242
00:17:47,964 --> 00:17:49,464
I think.
243
00:17:49,466 --> 00:17:51,034
I'll let you two talk.
244
00:18:30,509 --> 00:18:34,244
We're never giving up.
245
00:18:34,246 --> 00:18:37,514
You keep working.
246
00:18:37,516 --> 00:18:39,849
Keep studying.
247
00:18:39,851 --> 00:18:42,054
Jane will have her father.
248
00:18:43,322 --> 00:18:46,758
You will be a lawyer.
249
00:18:47,926 --> 00:18:51,329
I am spending my life with you,
Martin Ginsburg.
250
00:19:12,919 --> 00:19:15,420
Judicial consistency.
251
00:19:15,422 --> 00:19:20,459
The doctrine of stare decisis
comes from English common law,
252
00:19:20,461 --> 00:19:22,127
which also provides
253
00:19:22,129 --> 00:19:23,495
the first examples
254
00:19:23,497 --> 00:19:25,964
of circumstances
where precedents
255
00:19:25,966 --> 00:19:29,034
- may be overturned.
- Excuse me.
256
00:19:29,036 --> 00:19:31,537
- Judges are bound...
- Thank you.
257
00:19:31,539 --> 00:19:34,840
Excuse me.
May I help you?
258
00:19:34,842 --> 00:19:37,976
Um, I'm, uh,
Martin Ginsburg's wife.
259
00:19:37,978 --> 00:19:41,114
I'll be a...
attending his classes for him.
260
00:19:41,116 --> 00:19:43,549
In addition to your own?
261
00:19:43,551 --> 00:19:45,285
Yes...
262
00:19:45,287 --> 00:19:47,253
Professor Freund.
263
00:19:53,028 --> 00:19:56,463
Judges are bound by precedence,
264
00:19:56,465 --> 00:20:00,167
but they cannot ignore
cultural change.
265
00:20:00,169 --> 00:20:03,936
A court ought not be affected
by the weather of the day,
266
00:20:03,938 --> 00:20:07,076
but will be
by the climate of the era.
267
00:20:09,345 --> 00:20:11,345
Wait, wait, wait.
268
00:20:11,347 --> 00:20:13,347
Say that last part again.
269
00:20:13,349 --> 00:20:17,552
"A court ought not be affected
by the weather of the day,
270
00:20:17,554 --> 00:20:20,890
but will be
by the climate of the era."
271
00:20:23,627 --> 00:20:26,096
And you're sure he said that?
272
00:20:28,632 --> 00:20:30,200
Of course.
273
00:20:31,268 --> 00:20:32,903
Of course.
274
00:20:36,506 --> 00:20:39,042
The law is never finished.
275
00:20:40,310 --> 00:20:44,580
It is a work in progress...
276
00:20:44,582 --> 00:20:46,981
and ever will be.
277
00:20:46,983 --> 00:20:50,386
Brown v. the Board
of Education...
278
00:20:50,388 --> 00:20:53,122
parentheses, 1954,
279
00:20:53,124 --> 00:20:56,258
was the most revolutionary...
280
00:20:56,260 --> 00:20:58,994
Supreme Court case...
281
00:20:58,996 --> 00:21:00,630
in the last century.
282
00:21:04,268 --> 00:21:06,969
Representing Oliver Brown,
283
00:21:06,971 --> 00:21:09,238
et al....
284
00:21:09,240 --> 00:21:11,140
Thurgood Marshall...
285
00:21:11,142 --> 00:21:13,943
- I'm not listening.
- ...educated the court...
286
00:21:27,159 --> 00:21:28,493
Come on, Jane.
287
00:21:28,495 --> 00:21:31,063
That's it.
Come on, sweetie.
288
00:21:46,246 --> 00:21:47,647
Okay.
289
00:23:04,160 --> 00:23:06,093
RUTH and MARTY:
One, two, three,
290
00:23:06,095 --> 00:23:07,529
whoo!
291
00:23:07,531 --> 00:23:09,531
RUTH and MARTY:
One, two, three,
292
00:23:09,533 --> 00:23:11,065
whoo!
293
00:23:11,067 --> 00:23:13,134
Should we give Daddy a rest?
294
00:23:13,136 --> 00:23:16,204
One day, this little angel's
gonna slam the door in our face
295
00:23:16,206 --> 00:23:19,109
and tell us we're ruining her life.
296
00:23:20,277 --> 00:23:22,712
I should have never
taken the job.
297
00:23:22,714 --> 00:23:24,446
It's a great firm,
298
00:23:24,448 --> 00:23:28,518
and New York is the center
of the legal universe.
299
00:23:28,520 --> 00:23:30,087
You earned it.
300
00:23:30,822 --> 00:23:32,287
You earned it.
301
00:23:32,289 --> 00:23:34,824
I barely survived it.
302
00:23:34,826 --> 00:23:38,094
I just don't want to be away
from you and Jane.
303
00:23:38,096 --> 00:23:40,162
You won't be.
304
00:23:40,164 --> 00:23:42,164
I won't allow it.
305
00:23:42,166 --> 00:23:45,069
I'll convince him.
306
00:23:46,504 --> 00:23:47,838
Say, "Good luck, Mommy."
307
00:23:47,840 --> 00:23:49,840
- Good luck, Mommy.
- See you later.
308
00:23:49,842 --> 00:23:52,308
You want a Harvard law degree,
309
00:23:52,310 --> 00:23:55,781
though you plan to finish
your coursework at Columbia?
310
00:23:56,849 --> 00:23:59,349
You would do well,
Mrs. Ginsburg,
311
00:23:59,351 --> 00:24:02,386
to remember how fortunate
you are to be here.
312
00:24:02,388 --> 00:24:05,890
Dean Griswold, between
the first and third year
313
00:24:05,892 --> 00:24:08,625
of law school,
which is the more substantive,
314
00:24:08,627 --> 00:24:10,360
the more critical?
315
00:24:10,362 --> 00:24:12,462
- The first, of course.
- Yet when someone
316
00:24:12,464 --> 00:24:14,331
transfers in
as a second-year student,
317
00:24:14,333 --> 00:24:16,601
having taken those more
important classes elsewhere,
318
00:24:16,603 --> 00:24:18,302
he's allowed a degree.
319
00:24:18,304 --> 00:24:20,505
- That's irrelevant.
- I've been here two years.
320
00:24:20,507 --> 00:24:22,340
I'm first in my class.
321
00:24:22,342 --> 00:24:25,910
There is no reason your husband
cannot provide for you
322
00:24:25,912 --> 00:24:28,813
while you and the child
remain in Cambridge.
323
00:24:28,815 --> 00:24:30,883
Last year,
John Sumner was allowed
324
00:24:30,885 --> 00:24:33,151
to finish his coursework
at Baltimore.
325
00:24:33,153 --> 00:24:35,888
- Three years ago, Roy Paxton...
- Very different cases.
326
00:24:35,890 --> 00:24:37,890
- How are they different?
- Mrs. Ginsburg,
327
00:24:37,892 --> 00:24:41,529
you have no compelling need
to transfer.
328
00:24:44,230 --> 00:24:46,567
Marty could relapse.
329
00:24:47,802 --> 00:24:49,535
He beat the odds,
330
00:24:49,537 --> 00:24:53,507
but the doctors say
it could happen at any time.
331
00:24:56,778 --> 00:24:59,645
Dean Griswold...
332
00:24:59,647 --> 00:25:02,516
this is my family.
333
00:25:04,453 --> 00:25:06,318
Nonetheless...
334
00:25:06,320 --> 00:25:09,389
we each have
our responsibilities,
335
00:25:09,391 --> 00:25:11,858
and mine is to protect
the distinction
336
00:25:11,860 --> 00:25:14,294
of a Harvard law degree.
337
00:25:14,296 --> 00:25:16,865
I can't force you to stay.
338
00:25:18,333 --> 00:25:21,570
But I won't reward you
for leaving, either.
339
00:26:35,313 --> 00:26:37,313
Jesus, Mary and Joseph.
340
00:26:37,315 --> 00:26:39,049
Graduating top of your class.
341
00:26:39,051 --> 00:26:40,851
Law Review at Harvard...
342
00:26:40,853 --> 00:26:42,351
and Columbia.
343
00:26:42,353 --> 00:26:44,354
I didn't even know
that was possible.
344
00:26:44,356 --> 00:26:45,956
Thank you, Mr. Greene.
345
00:26:45,958 --> 00:26:47,491
I've worked hard.
346
00:26:47,493 --> 00:26:49,493
Well, you want
some white-shoe firm.
347
00:26:49,495 --> 00:26:51,862
Big money cases,
complex legal maneuvers...
348
00:26:51,864 --> 00:26:55,466
No, I think Bibler and Greene
is the perfect fit.
349
00:26:55,468 --> 00:26:58,635
- You handled the Mercer bankruptcy last year.
- Come on.
350
00:26:58,637 --> 00:27:00,504
How many have you been to?
351
00:27:00,506 --> 00:27:02,874
They all turned you down,
right? How many?
352
00:27:02,876 --> 00:27:05,311
Maybe ten?
353
00:27:06,780 --> 00:27:08,513
Twelve.
354
00:27:08,515 --> 00:27:11,049
A woman, a mother,
and a Jew to boot.
355
00:27:11,051 --> 00:27:14,419
I'm surprised that many
let you through the door.
356
00:27:14,421 --> 00:27:17,022
One sent me to interview
for the secretarial pool.
357
00:27:17,024 --> 00:27:19,324
Another told me I'd be
358
00:27:19,326 --> 00:27:21,526
too busy at bake sales
to be effective.
359
00:27:21,528 --> 00:27:24,529
One partner closes his clients
in the locker room at his club,
360
00:27:24,531 --> 00:27:27,398
so he said
I'd be out of the loop.
361
00:27:27,400 --> 00:27:30,402
Last week, I was told women are
too emotional to be lawyers.
362
00:27:30,404 --> 00:27:32,538
Then that same afternoon,
that a... a woman graduating
363
00:27:32,540 --> 00:27:34,940
top of her class
must be a real ballbuster
364
00:27:34,942 --> 00:27:36,609
and wouldn't make
a good colleague.
365
00:27:36,611 --> 00:27:39,079
I was asked when
I'd have my next baby.
366
00:27:39,081 --> 00:27:41,016
And whether I keep Shabbat.
367
00:27:42,383 --> 00:27:44,416
One interviewer told me
I had a sterling résumé,
368
00:27:44,418 --> 00:27:45,819
but they hired a woman
last year,
369
00:27:45,821 --> 00:27:48,655
and what in the world
would they want with two of us?
370
00:27:48,657 --> 00:27:49,725
You must be livid.
371
00:27:51,359 --> 00:27:54,728
Well, my mother told me
not to give way to emotions.
372
00:27:54,730 --> 00:27:56,429
Bullshit.
373
00:27:56,431 --> 00:27:59,499
You're angry. Good.
Use it.
374
00:27:59,501 --> 00:28:02,035
I have to say, Mrs. Ginsburg,
375
00:28:02,037 --> 00:28:03,971
I'm very impressed.
376
00:28:03,973 --> 00:28:05,438
Mr. Greene...
377
00:28:05,440 --> 00:28:07,507
I want to be a lawyer.
378
00:28:07,509 --> 00:28:09,911
I want to represent clients
before the court
379
00:28:09,913 --> 00:28:11,444
in pursuit of justice.
380
00:28:11,446 --> 00:28:14,782
You can see I-I worked hard
through school, I...
381
00:28:14,784 --> 00:28:17,585
I did everything I was
supposed to, and I excelled.
382
00:28:17,587 --> 00:28:20,390
I swear it,
I'll do the same for you.
383
00:28:30,500 --> 00:28:33,735
The fact is that,
you know, we're a-a...
384
00:28:33,737 --> 00:28:37,005
close-knit firm,
almost like family,
385
00:28:37,007 --> 00:28:38,709
and, uh...
386
00:28:41,745 --> 00:28:44,479
...the wives...
387
00:28:44,481 --> 00:28:46,817
they get jealous.
388
00:29:16,815 --> 00:29:20,550
The prince would marry her
389
00:29:20,552 --> 00:29:23,789
whose foot would fit
the little slipper.
390
00:29:25,057 --> 00:29:27,191
Kiki?
391
00:29:27,193 --> 00:29:30,060
- Hey! Kik!
- First, he tried it on the...
392
00:29:30,062 --> 00:29:32,062
- Where is everybody?
- ...princess.
393
00:29:32,064 --> 00:29:33,697
Oh, hi.
394
00:29:33,699 --> 00:29:35,132
Hello, sweet pea.
395
00:29:35,134 --> 00:29:36,167
Come here.
396
00:29:36,169 --> 00:29:38,069
How was your day? Hmm?
397
00:29:38,071 --> 00:29:39,670
I missed you.
398
00:29:39,672 --> 00:29:42,908
Did you have a nice day?
399
00:29:42,910 --> 00:29:44,876
Did you get the job?
400
00:29:44,878 --> 00:29:46,745
You got the job.
401
00:29:46,747 --> 00:29:47,779
That's wonderful.
402
00:29:47,781 --> 00:29:50,148
Oh! So they're gonna give you
a corner office,
403
00:29:50,150 --> 00:29:52,684
or are you still gonna have
to jump through some hoops?
404
00:29:52,686 --> 00:29:54,819
It's not at Bibler and Greene.
405
00:29:54,821 --> 00:29:57,689
I wasn't what they
were looking for.
406
00:29:57,691 --> 00:29:58,790
That's okay.
407
00:29:58,792 --> 00:30:01,160
I told you one of those
other firms would come back.
408
00:30:01,162 --> 00:30:02,562
Which one was it?
409
00:30:03,897 --> 00:30:07,233
Clyde Ferguson left
his professorship at Rutgers.
410
00:30:07,235 --> 00:30:09,501
- Kiki...
- They haven't found
411
00:30:09,503 --> 00:30:10,970
another black man
to replace him,
412
00:30:10,972 --> 00:30:14,974
so someone thought a woman
would be the next best thing.
413
00:30:22,083 --> 00:30:24,517
- Good news.
- You can't quit.
414
00:30:24,519 --> 00:30:27,187
There are more firms out there.
This is the biggest city
415
00:30:27,189 --> 00:30:29,622
in the most litigious country
in the history of the planet.
416
00:30:29,624 --> 00:30:32,259
- You can still...
- Marty, I got a job.
417
00:30:32,261 --> 00:30:34,895
Just open the champagne.
418
00:30:39,668 --> 00:30:40,869
Okay.
419
00:30:42,104 --> 00:30:44,907
Okay. Then let's celebrate.
420
00:30:52,182 --> 00:30:54,683
Marriage of Figaro.
421
00:31:00,757 --> 00:31:03,124
You know what I think?
I think this is good.
422
00:31:03,126 --> 00:31:04,759
I think it's better.
423
00:31:04,761 --> 00:31:07,028
You won't be beholden to any firm,
424
00:31:07,030 --> 00:31:09,764
you won't have a partner
breathing down your neck,
425
00:31:09,766 --> 00:31:12,234
and also, a professor
is free to represent
426
00:31:12,236 --> 00:31:14,669
any client she chooses.
427
00:31:14,671 --> 00:31:16,671
As long as they
don't mind a lawyer
428
00:31:16,673 --> 00:31:19,908
- who's never actually practiced law.
- Well...
429
00:31:19,910 --> 00:31:23,045
all I have to say is,
430
00:31:23,047 --> 00:31:25,282
hooray for Mommy.
431
00:31:27,151 --> 00:31:29,520
RUTH and MARTIN:
Cheers.
432
00:31:30,888 --> 00:31:32,788
Hooray for Mommy.
433
00:31:35,593 --> 00:31:37,928
Hooray for Mommy.
434
00:31:53,345 --> 00:31:55,278
Hell no, we won't go!
435
00:31:55,280 --> 00:31:57,281
Hell no, we won't go!
436
00:31:57,283 --> 00:31:58,283
Hell no, we won't go...
437
00:32:06,691 --> 00:32:09,760
No!
438
00:32:09,762 --> 00:32:11,662
Vietnam!
439
00:32:11,664 --> 00:32:13,831
And now they're telling us
440
00:32:13,833 --> 00:32:15,833
there's gonna be
no prosecution!
441
00:32:15,835 --> 00:32:18,135
- No! - No!
- Are we gonna stand for that?
442
00:32:18,137 --> 00:32:19,203
No!
443
00:32:19,205 --> 00:32:21,138
Are we gonna die in Vietnam?
444
00:32:21,140 --> 00:32:22,873
- No!
- No!
445
00:32:22,875 --> 00:32:26,178
Hell no, we won't go!
Hell no, we won't go!
446
00:32:26,180 --> 00:32:27,979
Hell no, we won't go!
447
00:32:27,981 --> 00:32:30,951
Hell no, we won't go! Hell no!
448
00:32:42,663 --> 00:32:45,097
I am Professor Ginsburg.
449
00:32:45,099 --> 00:32:48,334
This is Sex Discrimination
and the Law.
450
00:32:48,336 --> 00:32:50,836
Some of my colleagues
will tell you
451
00:32:50,838 --> 00:32:53,239
that sex discrimination
doesn't exist,
452
00:32:53,241 --> 00:32:55,441
that I may as well be teaching
453
00:32:55,443 --> 00:32:57,810
the legal rights
of gnomes and fairies.
454
00:32:57,812 --> 00:33:01,749
We'll see if they're right.
455
00:33:02,684 --> 00:33:04,217
Hoyt versus Florida.
456
00:33:04,219 --> 00:33:07,053
State the facts,
please, Miss...
457
00:33:07,055 --> 00:33:09,055
Valentin.
458
00:33:09,057 --> 00:33:10,890
Gwendolyn Hoyt was a housewife,
459
00:33:10,892 --> 00:33:13,360
and her husband was
this asshole.
460
00:33:13,362 --> 00:33:15,828
Can you recall the specifics?
461
00:33:15,830 --> 00:33:17,830
He cheated on her.
He choked her.
462
00:33:17,832 --> 00:33:20,733
He'd rip off her clothes
and threaten to kill her.
463
00:33:20,735 --> 00:33:24,171
So in statutory terms,
he was a "real asshole."
464
00:33:25,441 --> 00:33:27,074
On the night in question,
465
00:33:27,076 --> 00:33:30,978
Clarence told his wife
that he'd met another woman
466
00:33:30,980 --> 00:33:32,913
and he was leaving her.
467
00:33:32,915 --> 00:33:35,916
How did Hoyt respond,
Miss... Burton?
468
00:33:35,918 --> 00:33:38,919
She smashed in his skull
with a baseball bat,
469
00:33:38,921 --> 00:33:42,957
then called an ambulance
while he was dying.
470
00:33:42,959 --> 00:33:46,895
A jury convicted Hoyt
of second-degree murder.
471
00:33:46,897 --> 00:33:49,130
And that's where
our story begins.
472
00:33:49,132 --> 00:33:51,833
A great civil rights lawyer
473
00:33:51,835 --> 00:33:54,335
took up Hoyt's appeal.
474
00:33:54,337 --> 00:33:56,971
Dorothy...
475
00:33:56,973 --> 00:33:58,442
Kenyon.
476
00:34:00,944 --> 00:34:03,745
On what grounds,
Miss... Roemer?
477
00:34:03,747 --> 00:34:06,081
The Florida's juries violated
the U.S. Constitution,
478
00:34:06,083 --> 00:34:08,083
'cause there were
only men on them.
479
00:34:08,085 --> 00:34:11,120
Kenyon said that
if there were women on it,
480
00:34:11,122 --> 00:34:13,255
Hoyt may have been convicted
of a lesser crime,
481
00:34:13,257 --> 00:34:15,958
- like manslaughter.
- That law makes sense, though.
482
00:34:15,960 --> 00:34:18,360
Uh, women can't take care
of their kids
483
00:34:18,362 --> 00:34:20,262
if they're
on some sequestered jury.
484
00:34:20,264 --> 00:34:21,830
- Oh, is that so?
- What? - Excuse me?
485
00:34:21,832 --> 00:34:23,300
What?
Men are the mammoth hunters.
486
00:34:23,302 --> 00:34:25,202
You're never getting laid again.
487
00:34:25,204 --> 00:34:27,137
- What about women who don't have children?
- Yeah.
488
00:34:27,139 --> 00:34:29,206
- Or they're out of the house?
- Let the man stay home
489
00:34:29,208 --> 00:34:31,141
and take care of his children.
490
00:34:31,143 --> 00:34:32,475
Hey, don't take it out on me.
491
00:34:32,477 --> 00:34:34,077
I'm not holding
my fiancée back.
492
00:34:34,079 --> 00:34:36,279
- She's got two jobs.
- Which...
493
00:34:36,281 --> 00:34:39,051
she can be fired from
just for marrying you.
494
00:34:40,252 --> 00:34:42,352
The law allows it.
495
00:34:42,354 --> 00:34:44,254
There are laws that say
496
00:34:44,256 --> 00:34:45,989
women can't work overtime.
497
00:34:45,991 --> 00:34:49,460
And that a... a woman's
social security benefits,
498
00:34:49,462 --> 00:34:51,028
unlike her husband's,
499
00:34:51,030 --> 00:34:53,863
don't provide for her family
after death.
500
00:34:53,865 --> 00:34:56,133
- What? That's bullshit!
- Excuse me? - Crazy.
501
00:34:56,135 --> 00:34:59,870
Ten years ago, Dorothy Kenyon
asked a question:
502
00:34:59,872 --> 00:35:02,873
If the law differentiates
on the basis of sex,
503
00:35:02,875 --> 00:35:06,177
then how will women and men
ever become equals?
504
00:35:06,179 --> 00:35:08,179
And the Supreme Court answered:
505
00:35:08,181 --> 00:35:10,181
They won't.
506
00:35:10,183 --> 00:35:11,949
Hoyt lost her appeal.
507
00:35:11,951 --> 00:35:14,286
The decision was unanimous.
508
00:35:14,288 --> 00:35:19,424
Discrimination
on the basis of sex is legal.
509
00:35:32,906 --> 00:35:34,507
Here, stir that in.
510
00:35:34,509 --> 00:35:36,942
Mmm, Daddy,
that's not how you do it.
511
00:35:36,944 --> 00:35:39,412
- Oh, really?
- If you put the herbs in too early,
512
00:35:39,414 --> 00:35:41,147
they lose all their punch.
513
00:35:41,149 --> 00:35:43,049
Well, they're not supposed
to pummel each other, Jane.
514
00:35:43,051 --> 00:35:45,118
They're supposed to complement
each other, and that is why
515
00:35:45,120 --> 00:35:47,186
- it's called "marrying the flavors."
- We're home!
516
00:35:47,188 --> 00:35:49,155
- Hi!
- Daddy!
517
00:35:49,157 --> 00:35:50,456
Buddy!
518
00:35:50,458 --> 00:35:52,125
- How was your day?
- Good.
519
00:35:52,127 --> 00:35:54,093
- Did you have a good day at school?
- Uh-huh.
520
00:35:54,095 --> 00:35:55,995
What'd you learn?
Anything exciting?
521
00:35:55,997 --> 00:35:57,864
- Not really.
- No? - Hi.
522
00:35:57,866 --> 00:35:59,932
- Hi.
- Hi.
523
00:35:59,934 --> 00:36:02,336
- Jane.
- Hey, Mom.
524
00:36:02,338 --> 00:36:04,538
How's this year's class?
525
00:36:04,540 --> 00:36:07,341
Oh, these kids
are so passionate.
526
00:36:07,343 --> 00:36:11,078
To them, it's about more
than precedents and dissents.
527
00:36:11,080 --> 00:36:13,581
- They want to forge a movement.
- That's great.
528
00:36:13,583 --> 00:36:15,482
Mmm. This is delicious.
529
00:36:15,484 --> 00:36:17,419
Don't act so surprised.
530
00:36:17,421 --> 00:36:18,886
Jane?
531
00:36:18,888 --> 00:36:22,390
I got a call
from your school today.
532
00:36:22,392 --> 00:36:25,293
Apparently, I misdated a note
533
00:36:25,295 --> 00:36:27,095
excusing you from classes
534
00:36:27,097 --> 00:36:28,963
- last week.
- It's not a big deal.
535
00:36:28,965 --> 00:36:30,532
Oh, well, problem solved,
then, right?
536
00:36:30,534 --> 00:36:31,633
You skipped school.
537
00:36:31,635 --> 00:36:33,168
It's... it's the first week.
538
00:36:33,170 --> 00:36:34,969
Is... is this what this year's
gonna be like?
539
00:36:34,971 --> 00:36:37,138
- And you lied to the school.
- I never lied.
540
00:36:37,140 --> 00:36:39,107
No, forging a note
is lying, Jane.
541
00:36:39,109 --> 00:36:40,977
You're smart enough
to know that.
542
00:36:41,912 --> 00:36:43,512
Well, apparently I'm not, Mom.
543
00:36:46,217 --> 00:36:49,118
Don't forget we have
that party tonight. Not you.
544
00:36:49,120 --> 00:36:50,686
- Jane.
- You're staying right here with me.
545
00:36:50,688 --> 00:36:53,189
- I apologize, okay?
- I want to know where you were.
546
00:36:53,191 --> 00:36:56,392
Denise and I went to a rally
to hear Gloria Steinem speak.
547
00:36:56,394 --> 00:36:58,327
What?
548
00:36:58,329 --> 00:37:00,529
Gloria Steinem. She's a writer.
549
00:37:00,531 --> 00:37:02,131
She just started
her own magazine.
550
00:37:02,133 --> 00:37:03,633
She testified in the Senate
about...
551
00:37:03,635 --> 00:37:05,935
Yeah, I know
who Gloria Steinem is.
552
00:37:05,937 --> 00:37:08,137
What if you got hurt
or arrested?
553
00:37:08,139 --> 00:37:10,106
Mom, it's a rally, not a riot.
554
00:37:10,108 --> 00:37:11,475
Jane, these things
can get out of hand.
555
00:37:11,477 --> 00:37:13,577
Okay, well, I'm 15 years old,
and you don't need
556
00:37:13,579 --> 00:37:15,278
- to control every minute of my life.
- Yes, I do.
557
00:37:15,280 --> 00:37:17,280
That is my job. And your job
is to go to school and learn.
558
00:37:17,282 --> 00:37:20,150
Well, Gloria says we need
to unlearn the status quo.
559
00:37:20,152 --> 00:37:22,686
Oh, so you're
on a first-name basis now?
560
00:37:22,688 --> 00:37:24,354
You know what, Mom?
561
00:37:24,356 --> 00:37:26,423
If you want to sit around
with your students and talk
562
00:37:26,425 --> 00:37:28,693
- about how shitty it is to be a girl...
- Hey. Language.
563
00:37:28,695 --> 00:37:30,293
But don't pretend
it's a movement, okay?
564
00:37:30,295 --> 00:37:33,096
It's not a movement
if everyone's just sitting.
565
00:37:33,098 --> 00:37:36,302
- That's a support group.
- Jane, that's enough.
566
00:37:39,038 --> 00:37:41,239
We should get going.
567
00:37:41,241 --> 00:37:43,576
Yeah, go make yourself pretty
for Daddy's party.
568
00:37:45,211 --> 00:37:47,311
You know what?
Go to your room.
569
00:37:47,313 --> 00:37:49,182
Fine.
570
00:37:51,351 --> 00:37:53,017
No, no, it's well known.
571
00:37:53,019 --> 00:37:55,587
Tax is the only genuinely
funny area of the law.
572
00:37:55,589 --> 00:37:58,122
I think most of us
just want careers that have
573
00:37:58,124 --> 00:38:01,193
- a little more, uh, impact.
- Hmm.
574
00:38:01,195 --> 00:38:03,195
You know, young people
in Sweden these days
575
00:38:03,197 --> 00:38:04,763
- aren't getting married?
- Really?
576
00:38:04,765 --> 00:38:06,365
It's true.
They're getting engaged.
577
00:38:06,367 --> 00:38:10,035
- Hmm.
- They're still living together.
578
00:38:10,037 --> 00:38:12,037
They're still having kids,
raising a family.
579
00:38:12,039 --> 00:38:14,206
But they're not getting
married. You know why?
580
00:38:14,208 --> 00:38:16,375
They can have sex without it.
581
00:38:18,613 --> 00:38:22,147
- It's because of taxes.
- Mm-hmm. - Ah.
582
00:38:22,149 --> 00:38:24,451
That's true. After the war,
Sweden passed a law that said
583
00:38:24,453 --> 00:38:27,287
married couples will now file
joint income tax returns.
584
00:38:27,289 --> 00:38:29,088
However,
unlike the United States,
585
00:38:29,090 --> 00:38:31,224
they weren't given
any of the benefits from it.
586
00:38:31,226 --> 00:38:33,593
So married Swedes
were finding themselves
587
00:38:33,595 --> 00:38:35,228
in the uncomfortable position
588
00:38:35,230 --> 00:38:37,230
of now being
in a higher tax bracket.
589
00:38:37,232 --> 00:38:40,133
- Oh, really?
- So they got divorced.
590
00:38:40,135 --> 00:38:42,035
Of course, they
were still living together.
591
00:38:42,037 --> 00:38:43,804
So the Swedish government
then passes a new law
592
00:38:43,806 --> 00:38:46,105
that says, all right, married
couples who get divorced
593
00:38:46,107 --> 00:38:48,375
but continue to live together,
for tax purposes,
594
00:38:48,377 --> 00:38:50,711
will be considered
still married.
595
00:38:50,713 --> 00:38:52,213
So they did
what anyone would do.
596
00:38:52,215 --> 00:38:53,781
They add a second entrance
to their home
597
00:38:53,783 --> 00:38:55,817
with a nice wall that goes
right down the middle,
598
00:38:55,819 --> 00:38:58,219
- with doors for...
- easy access.
599
00:38:58,221 --> 00:39:00,054
"All right, fine,"
600
00:39:00,056 --> 00:39:02,456
says the Swedish government,
"new law."
601
00:39:02,458 --> 00:39:04,593
Once married,
now divorced couples living
602
00:39:04,595 --> 00:39:09,063
in a two-income household
that is subdivided would,
603
00:39:09,065 --> 00:39:10,832
again, for tax purposes,
604
00:39:10,834 --> 00:39:13,201
be considered living together,
and therefore...
605
00:39:13,203 --> 00:39:15,203
Therefore still married.
606
00:39:15,205 --> 00:39:16,805
Now he's got it.
607
00:39:16,807 --> 00:39:18,540
And this went on for decades.
608
00:39:18,542 --> 00:39:20,542
All the while,
a whole generation of Swedes
609
00:39:20,544 --> 00:39:22,677
simply skirted the issue
by never getting married
610
00:39:22,679 --> 00:39:24,312
in the first place.
Thank you.
611
00:39:24,314 --> 00:39:26,716
Speaking of, have you all met
my lovely wife, Ruth?
612
00:39:26,718 --> 00:39:29,217
The moral of this story
is that in their attempt
613
00:39:29,219 --> 00:39:31,554
to raise revenue,
the Swedish government
614
00:39:31,556 --> 00:39:34,423
ruined all those young men's
best hope at happiness.
615
00:39:34,425 --> 00:39:36,692
Exactly. Because...
616
00:39:36,694 --> 00:39:38,861
how a government taxes
its citizens
617
00:39:38,863 --> 00:39:42,198
is a direct declaration
of a country's values.
618
00:39:42,200 --> 00:39:45,268
So tell me, what could have
more impact than that?
619
00:39:46,304 --> 00:39:48,504
You'd be wise to listen, boys.
620
00:39:48,506 --> 00:39:50,273
I-I swear to Christ,
621
00:39:50,275 --> 00:39:53,510
Martin Ginsburg will be signing
all of our checks someday.
622
00:39:55,481 --> 00:39:58,149
You're a smart girl, Ruthy.
You married a star.
623
00:40:01,186 --> 00:40:03,120
Tom Maller's barely evolved.
624
00:40:03,122 --> 00:40:05,589
He started walking upright
last week.
625
00:40:05,591 --> 00:40:07,457
- You always do that.
- What?
626
00:40:07,459 --> 00:40:09,593
You act like...
like it doesn't matter.
627
00:40:09,595 --> 00:40:12,195
- No.
- But all the little brush-offs,
628
00:40:12,197 --> 00:40:14,231
the dismissive pats
on the head,
629
00:40:14,233 --> 00:40:16,433
- it-it matters, Marty.
- Why?
630
00:40:16,435 --> 00:40:20,638
You know what you're doing
is important, so who cares?
631
00:40:20,640 --> 00:40:23,408
Okay, fine. Next time my boss
gives me a clumsy compliment,
632
00:40:23,410 --> 00:40:26,344
I'll challenge him to a duel.
Will that make you happy?
633
00:40:26,346 --> 00:40:28,680
I wouldn't want to hurt
your stellar reputation.
634
00:40:28,682 --> 00:40:30,682
Just tell me what you want.
635
00:40:30,684 --> 00:40:33,351
Nothing. I want nothing.
I-I want you to go to work
636
00:40:33,353 --> 00:40:34,853
- and wow your bosses and clients...
- Oh, great.
637
00:40:34,855 --> 00:40:37,155
...and be the youngest partner
in the history of the firm.
638
00:40:37,157 --> 00:40:38,724
That's not fair. That's not
fair, and you know it.
639
00:40:38,726 --> 00:40:39,792
Then I want you
to walk me home, Marty,
640
00:40:39,794 --> 00:40:41,860
so I can sit in my corner
and write a lesson plan
641
00:40:41,862 --> 00:40:42,928
to inspire the next generation
of students...
642
00:40:42,930 --> 00:40:45,229
- No one's put you in the corner.
- ...to go forth
643
00:40:45,231 --> 00:40:46,532
- and fight for equality.
- I don't understand why
644
00:40:46,534 --> 00:40:48,667
you're acting like that's
such a bad thing.
645
00:40:48,669 --> 00:40:51,637
You're out there training
the next generation of lawyers
646
00:40:51,639 --> 00:40:52,738
to change the world.
647
00:40:52,740 --> 00:40:55,409
'Cause that's
what I wanted to do!
648
00:41:01,717 --> 00:41:03,785
Kiki. Kiki.
649
00:41:15,297 --> 00:41:16,565
Page 21.
650
00:41:17,900 --> 00:41:19,967
I don't read tax court cases.
651
00:41:19,969 --> 00:41:21,501
Read this one.
652
00:41:21,503 --> 00:41:23,971
The IRS denied a petitioner
a tax deduction
653
00:41:23,973 --> 00:41:27,407
to hire a nurse to take care
of an invalid mother.
654
00:41:27,409 --> 00:41:30,544
- Sounds like a real page-turner.
- Hmm.
655
00:41:30,546 --> 00:41:33,547
- Ask me why.
- Marty, I have a lecture to write.
656
00:41:33,549 --> 00:41:35,284
Hmm. Okay.
657
00:41:37,920 --> 00:41:41,224
It's because
the petitioner is a man.
658
00:41:46,362 --> 00:41:48,830
Marty...
659
00:41:48,832 --> 00:41:51,399
Section 214 of the tax code
660
00:41:51,401 --> 00:41:55,506
assumes a caregiver
has to be a woman.
661
00:41:56,874 --> 00:41:58,874
This is sex-based
discrimination
662
00:41:58,876 --> 00:42:01,512
against a man.
663
00:42:02,446 --> 00:42:04,947
Poor guy.
664
00:42:04,949 --> 00:42:07,582
If a federal court
665
00:42:07,584 --> 00:42:11,688
ruled that this law
is unconstitutional,
666
00:42:11,690 --> 00:42:15,457
then it could become
the precedent others refer to
667
00:42:15,459 --> 00:42:16,926
and build on.
668
00:42:16,928 --> 00:42:19,397
Men and women both. It-it...
669
00:42:20,565 --> 00:42:23,299
It could topple
the whole damn system
670
00:42:23,301 --> 00:42:25,370
of discrimination.
671
00:42:27,039 --> 00:42:29,272
What?
672
00:42:29,274 --> 00:42:31,274
Nothing.
I'm just thrilled
673
00:42:31,276 --> 00:42:34,544
at your newfound enthusiasm
for tax law.
674
00:42:34,546 --> 00:42:36,682
Marty.
675
00:42:37,750 --> 00:42:39,482
Oh, Marty.
676
00:42:39,484 --> 00:42:42,553
We need to take this case.
677
00:42:54,800 --> 00:42:57,035
Of course he says
he's against bombing Cambodia.
678
00:42:57,037 --> 00:42:59,336
I want to know, where's
the bill to defund it?
679
00:42:59,338 --> 00:43:01,438
It's derogatory, it's taunting,
but it's speech.
680
00:43:01,440 --> 00:43:04,308
Hi. Mel Wulf is expecting me.
681
00:43:04,310 --> 00:43:06,511
He wants to get his hands
on Nixon, or he hopes
682
00:43:06,513 --> 00:43:08,413
- the Viet Cong do?
- Well, why? What's the difference?
683
00:43:08,415 --> 00:43:09,781
Five years in prison.
684
00:43:09,783 --> 00:43:11,351
Go.
685
00:43:26,801 --> 00:43:28,399
Come on.
686
00:43:40,381 --> 00:43:41,781
Ladies and gentlemen,
687
00:43:41,783 --> 00:43:44,117
three-time Camp Che-Na-Wah
All-Around Camper,
688
00:43:44,119 --> 00:43:46,587
Ruth "Kiki" Bader.
689
00:43:48,891 --> 00:43:51,691
Oh, and for all you
who think this job is hard,
690
00:43:51,693 --> 00:43:55,061
I judged the 13-and-unders with
a color war trophy on the line.
691
00:43:55,063 --> 00:43:57,366
Back to work.
692
00:43:58,500 --> 00:44:01,303
Hey, Kiki. What do you say?
693
00:44:02,471 --> 00:44:05,405
Hi, Mel.
694
00:44:05,407 --> 00:44:07,509
Sorry about that.
695
00:44:08,912 --> 00:44:10,745
You said you had a case.
696
00:44:10,747 --> 00:44:12,914
This is not a case...
this is the opening salvo
697
00:44:12,916 --> 00:44:15,683
on a 50-year war for
a new class of civil rights.
698
00:44:15,685 --> 00:44:18,386
- Yes, exactly.
- Huh. I can't do this.
699
00:44:18,388 --> 00:44:19,954
- This is beyond my mandate.
- Wha...
700
00:44:19,956 --> 00:44:22,456
American Civil Liberties Union?
701
00:44:22,458 --> 00:44:23,991
Women's rights
are civil rights.
702
00:44:23,993 --> 00:44:26,928
I'm still getting flack for
defending draft card burners.
703
00:44:26,930 --> 00:44:28,997
And the right to protest
actually exists.
704
00:44:28,999 --> 00:44:30,565
After you.
705
00:44:30,567 --> 00:44:31,801
Here.
706
00:44:34,004 --> 00:44:36,106
Phyllis, can I get a...?
707
00:44:45,683 --> 00:44:47,451
How's Marty?
708
00:44:48,752 --> 00:44:50,153
He's fine.
709
00:44:50,155 --> 00:44:52,021
Still protecting the rich
710
00:44:52,023 --> 00:44:54,425
against the predations
of the poor?
711
00:44:56,127 --> 00:44:59,662
If we're gonna appeal,
the court needs to agree
712
00:44:59,664 --> 00:45:01,664
there's a constitutional
handle here.
713
00:45:01,666 --> 00:45:03,933
How did you even convince this
guy to let you represent him?
714
00:45:03,935 --> 00:45:05,735
I-I'll take care of that.
715
00:45:05,737 --> 00:45:07,136
- He doesn't know?
- Alone...
716
00:45:07,138 --> 00:45:08,972
- Are you kidding me?
- Alone, the judges
717
00:45:08,974 --> 00:45:12,008
- may not give Marty and I the benefit of the doubt.
- Whoa.
718
00:45:12,010 --> 00:45:14,711
But with your name
alongside ours on the brief...
719
00:45:14,713 --> 00:45:16,813
Yeah.
720
00:45:16,815 --> 00:45:19,016
Mel, you must see the...
721
00:45:19,018 --> 00:45:21,517
the opportunity
this case represents.
722
00:45:21,519 --> 00:45:22,987
You think the judges
are gonna be sympathetic
723
00:45:22,989 --> 00:45:24,655
just 'cause they all
have prostates?
724
00:45:24,657 --> 00:45:26,924
Men and women all eat at the
same lunch counters, they drink
725
00:45:26,926 --> 00:45:29,059
at the same water fountains,
they go to the same schools...
726
00:45:29,061 --> 00:45:31,562
- Women can't attend Dartmouth.
- Men can't go to Smith.
727
00:45:31,564 --> 00:45:34,232
Women police officers can't
patrol New York City streets.
728
00:45:34,234 --> 00:45:35,768
We have to get...
729
00:45:38,471 --> 00:45:40,738
We have to get credit cards
730
00:45:40,740 --> 00:45:42,539
in our husbands' names.
731
00:45:42,541 --> 00:45:44,075
You're not a minority.
732
00:45:44,077 --> 00:45:46,211
You're 51% of the population!
733
00:45:46,213 --> 00:45:47,979
And it's been tried.
Muller, Goesaert.
734
00:45:47,981 --> 00:45:49,681
Uh... what's the other one?
735
00:45:49,683 --> 00:45:51,583
The one with the woman
with the baseball bat.
736
00:45:51,585 --> 00:45:53,251
- Gwendolyn Hoyt.
- Gwendolyn Hoyt. Exactly.
737
00:45:53,253 --> 00:45:54,786
Yeah, and morally,
they were right.
738
00:45:54,788 --> 00:45:55,954
Yet they lost.
739
00:45:55,956 --> 00:45:57,589
Ruth...
740
00:45:57,591 --> 00:45:59,791
morality does not win the day.
741
00:45:59,793 --> 00:46:00,759
Look around you.
742
00:46:00,761 --> 00:46:03,561
Dorothy Kenyon
could not get women equality
743
00:46:03,563 --> 00:46:05,131
by arguing a case
with sex, murder
744
00:46:05,133 --> 00:46:06,631
and prison time on the line.
745
00:46:06,633 --> 00:46:08,234
You and Marty think
you're gonna do it
746
00:46:08,236 --> 00:46:10,903
with this guy and his taxes?
747
00:46:48,178 --> 00:46:50,111
Operator.
748
00:46:50,113 --> 00:46:52,681
I-I... I need a number.
749
00:46:53,882 --> 00:46:55,950
Denver, Colorado.
750
00:46:55,952 --> 00:46:58,152
Come on,
you're gonna miss your flight.
751
00:46:58,154 --> 00:47:00,722
Now, you have to get James from
school while I'm in Denver.
752
00:47:00,724 --> 00:47:02,623
Mom, I told you,
Denise and I are starting our
753
00:47:02,625 --> 00:47:04,258
- consciousness-raising group.
- Wait. Please wait.
754
00:47:04,260 --> 00:47:06,928
Take James with you.
755
00:47:06,930 --> 00:47:08,629
Will you be all right?
756
00:47:08,631 --> 00:47:11,065
- Yeah.
- We'll survive somehow.
757
00:47:11,067 --> 00:47:13,636
Bye. Bye.
758
00:47:14,338 --> 00:47:15,970
Go kick ass.
759
00:47:15,972 --> 00:47:17,605
Meter's running.
760
00:47:17,607 --> 00:47:20,042
Bye, Mom.
761
00:47:20,044 --> 00:47:22,545
- Bye.
- Bye, Mom.
762
00:47:38,196 --> 00:47:39,764
Thank you.
763
00:47:53,211 --> 00:47:55,346
- Mr. Moritz.
- Mrs. Ginsburg.
764
00:47:55,348 --> 00:47:57,682
Um, you're early.
765
00:47:58,984 --> 00:48:01,951
Uh, I-I can come back
in ten minutes if you prefer.
766
00:48:01,953 --> 00:48:03,320
No, you might as...
767
00:48:03,322 --> 00:48:06,725
might as well come in now
and have your say.
768
00:48:07,659 --> 00:48:09,594
Shoes off, please.
769
00:48:11,330 --> 00:48:13,230
Just come on in.
770
00:48:13,232 --> 00:48:15,234
Excuse me.
771
00:48:16,335 --> 00:48:19,337
- Are you done, Mom?
- No. Not yet.
772
00:48:19,339 --> 00:48:21,339
- You want your...
- I'm done, thanks.
773
00:48:21,341 --> 00:48:23,341
- You want your crossword?
- Yeah.
774
00:48:23,343 --> 00:48:25,345
- Okay.
- Please.
775
00:48:27,214 --> 00:48:30,148
Here you go.
776
00:48:30,150 --> 00:48:31,349
Mom.
777
00:48:31,351 --> 00:48:33,351
- Uh-huh.
- This is Mrs. Ginsburg.
778
00:48:33,353 --> 00:48:35,687
She's the New York lawyer
I told you about.
779
00:48:35,689 --> 00:48:37,689
Mrs. Moritz, hello.
780
00:48:37,691 --> 00:48:39,993
I thought she would be bigger.
781
00:48:41,662 --> 00:48:44,297
- I...
- Uh, y-you can have a seat.
782
00:48:44,299 --> 00:48:46,064
Uh, here.
Here you go.
783
00:48:46,066 --> 00:48:47,400
Do you want your magnifier?
784
00:48:47,402 --> 00:48:48,733
- Yeah, please. Yeah.
- Okay.
785
00:48:48,735 --> 00:48:50,735
There you go. All right.
786
00:48:50,737 --> 00:48:52,840
- You want a drink?
- Uh-huh.
787
00:48:57,278 --> 00:48:59,178
I-I see you were a drum major.
788
00:48:59,180 --> 00:49:00,746
I was a twirler.
789
00:49:00,748 --> 00:49:02,884
That was a thousand years ago.
790
00:49:08,424 --> 00:49:10,990
Mr. Moritz, about your case...
791
00:49:10,992 --> 00:49:13,127
I don't have a case.
792
00:49:13,129 --> 00:49:15,229
Four lawyers told me so.
793
00:49:15,231 --> 00:49:17,030
And that judge...
794
00:49:17,032 --> 00:49:17,864
Tietjens...
795
00:49:17,866 --> 00:49:20,234
he basically called me
a tax cheat.
796
00:49:20,236 --> 00:49:21,370
Are you?
797
00:49:22,805 --> 00:49:25,906
I never cheated at anything
in my life.
798
00:49:25,908 --> 00:49:28,442
"Tasmanian egg-layer."
Eight letters.
799
00:49:28,444 --> 00:49:30,112
Not now, Mom.
800
00:49:32,047 --> 00:49:34,349
Tell me in your own words,
801
00:49:34,351 --> 00:49:36,783
why did you hire a nurse?
802
00:49:36,785 --> 00:49:39,120
If you've never cared
for an ailing parent...
803
00:49:39,122 --> 00:49:41,055
I have.
804
00:49:41,057 --> 00:49:42,157
Then you know.
805
00:49:42,159 --> 00:49:45,193
Between the dressing
and the bathing and the toilet,
806
00:49:45,195 --> 00:49:47,061
it's not a task for one person,
807
00:49:47,063 --> 00:49:49,164
especially if you have
a day job.
808
00:49:49,166 --> 00:49:52,767
If it wasn't for Cleeta, uh,
I'd have to put Mom in a home.
809
00:49:52,769 --> 00:49:55,437
So you deducted Cleeta's salary
on your taxes.
810
00:49:55,439 --> 00:49:58,039
The judge said
the tax code was clear.
811
00:49:58,041 --> 00:50:00,842
Caretaker's deduction
was available to all women,
812
00:50:00,844 --> 00:50:05,481
but only to men who had wives
who were incapacitated or dead
813
00:50:05,483 --> 00:50:08,050
- or were divorced.
- And you've never been married?
814
00:50:08,052 --> 00:50:10,819
- No.
- The men who wrote that law couldn't even fathom
815
00:50:10,821 --> 00:50:12,922
that a bachelor,
choosing to take care
816
00:50:12,924 --> 00:50:15,291
of a parent at home,
might exist.
817
00:50:15,293 --> 00:50:17,226
"Tasmanian egg-layer,"
818
00:50:17,228 --> 00:50:19,228
- second letter: "L."
- Mom,
819
00:50:19,230 --> 00:50:22,099
- I'll help you in a little bit.
- How about "platypus"?
820
00:50:25,069 --> 00:50:27,772
Ah! Ah.
821
00:50:29,975 --> 00:50:32,809
I'm a salesman, Mrs. Ginsburg,
822
00:50:32,811 --> 00:50:36,114
and I know when I'm being sold.
823
00:50:38,116 --> 00:50:42,386
With due respect,
you have $296 at issue.
824
00:50:42,388 --> 00:50:44,854
I'm not here for the money.
825
00:50:44,856 --> 00:50:48,492
We'd represent your appeal
pro bono if you'll let us.
826
00:50:48,494 --> 00:50:51,262
So... the judge was wrong?
827
00:50:51,264 --> 00:50:53,564
Mr. Moritz...
828
00:50:53,566 --> 00:50:56,703
the law is wrong.
829
00:51:00,106 --> 00:51:02,442
Thank you. I was hungry.
830
00:51:04,578 --> 00:51:07,446
If it's not for the money...
831
00:51:07,448 --> 00:51:09,816
why are you here?
832
00:51:13,187 --> 00:51:16,388
The 14th Amendment to
the United States Constitution
833
00:51:16,390 --> 00:51:19,891
says all people must be treated
equally under the law.
834
00:51:19,893 --> 00:51:23,161
Yet there are...
I don't know how many laws
835
00:51:23,163 --> 00:51:26,298
like the caregiver deduction
that say, in effect,
836
00:51:26,300 --> 00:51:28,033
women stay home,
men go to work,
837
00:51:28,035 --> 00:51:30,235
and that it should stay
that way forever.
838
00:51:30,237 --> 00:51:32,605
I want to convince
the federal courts
839
00:51:32,607 --> 00:51:36,908
that those laws
are unconstitutional.
840
00:51:36,910 --> 00:51:38,079
How do you do that?
841
00:51:39,381 --> 00:51:41,614
One case at a time.
842
00:51:41,616 --> 00:51:43,184
Starting with yours.
843
00:51:44,286 --> 00:51:46,187
So I'm a guinea pig?
844
00:51:47,289 --> 00:51:49,088
No, sir.
845
00:51:49,090 --> 00:51:51,457
You're the man marching
out ahead of the band,
846
00:51:51,459 --> 00:51:52,925
leading the way.
847
00:51:54,162 --> 00:51:56,931
Just like that drum major
you used to be.
848
00:51:58,334 --> 00:52:00,967
I've invested a lot of my own reputation
849
00:52:00,969 --> 00:52:03,337
to building up your career,
and now you're on track
850
00:52:03,339 --> 00:52:06,407
to be the youngest partner
in the history of the firm.
851
00:52:06,409 --> 00:52:10,544
And you want to risk that
for some cockamamy case?
852
00:52:10,546 --> 00:52:12,579
Tom, I'm contractually
obligated to ask
853
00:52:12,581 --> 00:52:15,082
to take outside work,
and I'm asking, but...
854
00:52:15,084 --> 00:52:18,285
Okay, for God sakes, you're
traipsing into this for what?
855
00:52:18,287 --> 00:52:21,289
So your wife can feel
like a real lawyer?
856
00:52:21,291 --> 00:52:23,258
She is a real lawyer, Tom.
857
00:52:23,260 --> 00:52:26,094
You want to support Ruth,
tell her the truth.
858
00:52:26,096 --> 00:52:28,496
- Which is?
- The case is unwinnable.
859
00:52:28,498 --> 00:52:30,665
Congress can write
whatever taxes it wants.
860
00:52:30,667 --> 00:52:32,434
That's not open
to constitutional attack.
861
00:52:32,436 --> 00:52:35,303
Or maybe you just say that
because no one's been able
862
00:52:35,305 --> 00:52:37,305
to successfully do it before.
863
00:52:37,307 --> 00:52:39,240
Oh, Marty.
864
00:52:39,242 --> 00:52:41,376
Fine. Try, but...
865
00:52:41,378 --> 00:52:44,380
when you lose
and you embarrass our firm,
866
00:52:44,382 --> 00:52:47,316
just be ready for your career
to come crashing back to earth.
867
00:52:47,318 --> 00:52:49,185
Okay, noted, noted.
And thank you, Tom.
868
00:52:49,187 --> 00:52:52,054
- Thank you. Thank you.
- Yeah, yeah, yeah.
869
00:52:52,056 --> 00:52:53,689
No! Murder
can never be condoned,
870
00:52:53,691 --> 00:52:56,092
- least of all by a lawyer.
- It's called justice.
871
00:52:56,094 --> 00:52:58,394
Yeah, what's just to you
may not be just to me
872
00:52:58,396 --> 00:53:00,563
- or to someone else.
- You know what I'm talking about.
873
00:53:00,565 --> 00:53:03,265
- Hello, family unit.
- And would it kill you to admit
874
00:53:03,267 --> 00:53:05,401
that maybe I actually did
something right?
875
00:53:05,403 --> 00:53:08,104
- This is an "A" paper.
- Yeah, of course it is.
876
00:53:08,106 --> 00:53:11,208
You're a beautiful writer.
It just needs more work.
877
00:53:11,210 --> 00:53:13,477
Please tell me
you aren't going 15 rounds
878
00:53:13,479 --> 00:53:15,045
over To Kill a Mockingbird.
879
00:53:15,047 --> 00:53:17,414
Daddy, can you please tell Mom
that Atticus Finch
880
00:53:17,416 --> 00:53:18,615
can be a role model.
881
00:53:18,617 --> 00:53:20,250
He covers up
Bob Ewell's murder.
882
00:53:20,252 --> 00:53:21,518
He's a terrible lawyer.
883
00:53:21,520 --> 00:53:23,487
- Why? 'Cause you say so?
- No, not me.
884
00:53:23,489 --> 00:53:26,390
Canon 1 of the American Bar
Association's Model Code
885
00:53:26,392 --> 00:53:29,359
- of Responsibility.
- What are you talking about?!
886
00:53:29,361 --> 00:53:30,695
It's called legal ethics.
887
00:53:30,697 --> 00:53:32,697
Well, you'd do
exactly the same thing
888
00:53:32,699 --> 00:53:34,567
if you actually had a heart.
889
00:53:40,440 --> 00:53:43,174
I don't know where
she gets her stubbornness.
890
00:53:43,176 --> 00:53:45,510
Can't imagine.
891
00:53:45,512 --> 00:53:47,614
So, how was your day?
892
00:53:53,454 --> 00:53:55,587
"History discloses that woman
893
00:53:55,589 --> 00:53:58,524
"has always been dependent
upon man.
894
00:53:58,526 --> 00:54:01,427
"Like children,
she needs special care.
895
00:54:01,429 --> 00:54:03,462
This justifies a difference
in legislation..."
896
00:54:03,464 --> 00:54:06,331
- Muller v. Oregon, the law of the land.
- Wow.
897
00:54:06,333 --> 00:54:08,233
Or Bradwell v. Illinois.
898
00:54:08,235 --> 00:54:10,770
"The destiny of woman
is the benign offices
899
00:54:10,772 --> 00:54:12,739
"of wife and mother.
900
00:54:12,741 --> 00:54:14,741
This is the law
of the Creator."
901
00:54:14,743 --> 00:54:16,643
I'm writing this brief
902
00:54:16,645 --> 00:54:20,112
and citing the same cases
with the exact same precedents
903
00:54:20,114 --> 00:54:22,047
as-as everyone before us.
904
00:54:22,049 --> 00:54:24,484
Marty, if this is
what we go in with,
905
00:54:24,486 --> 00:54:26,085
we're gonna lose.
906
00:54:28,089 --> 00:54:30,089
Wait, wait, wait, wait.
Wait, wait, wait.
907
00:54:30,091 --> 00:54:32,091
I got it. I got it.
908
00:54:32,093 --> 00:54:35,330
At least she's not listening
to The Monkees.
909
00:54:38,768 --> 00:54:40,801
I'm busy.
910
00:55:00,223 --> 00:55:02,323
Come here.
911
00:55:02,325 --> 00:55:04,193
Come here.
912
00:55:12,302 --> 00:55:14,402
I'm fine.
913
00:55:15,672 --> 00:55:18,807
I can be as tough as she is.
914
00:55:18,809 --> 00:55:20,843
She's a bully.
915
00:55:20,845 --> 00:55:25,148
And she needs everyone
to know how smart she is.
916
00:55:26,651 --> 00:55:29,552
Do you want Mom
to stop being smart?
917
00:55:29,554 --> 00:55:32,622
I want her to stop rubbing it
in everyone's face
918
00:55:32,624 --> 00:55:34,292
all the time.
919
00:55:40,298 --> 00:55:45,301
Grandma Celia died
when Mom was about your age.
920
00:55:45,303 --> 00:55:47,871
But up until her dying breath,
921
00:55:47,873 --> 00:55:50,373
they would read together,
922
00:55:50,375 --> 00:55:53,510
debate ideas together...
923
00:55:53,512 --> 00:55:58,114
and she taught your mom
to question everything.
924
00:55:58,116 --> 00:56:01,218
She's not trying
to bully you, Jane.
925
00:56:01,220 --> 00:56:04,888
She just doesn't want you
to feel small.
926
00:56:04,890 --> 00:56:10,095
She wants to give you
what her mom taught her.
927
00:56:11,397 --> 00:56:14,298
That's how she...
928
00:56:14,300 --> 00:56:17,200
shows her heart.
929
00:56:17,202 --> 00:56:18,304
Hmm?
930
00:56:37,424 --> 00:56:39,792
Is she okay?
931
00:56:39,794 --> 00:56:42,095
She'll be fine.
932
00:56:51,372 --> 00:56:53,238
This is stupid.
933
00:56:53,240 --> 00:56:55,407
You're the one who said
I'm supposed to be in school.
934
00:56:55,409 --> 00:56:58,177
If you're gonna write
about great American lawyers,
935
00:56:58,179 --> 00:57:00,281
you may as well meet one.
936
00:57:13,829 --> 00:57:15,530
You ladies look lost.
937
00:57:17,900 --> 00:57:20,266
Well, spit it out.
938
00:57:20,268 --> 00:57:22,335
Miss Kenyon,
w-we're here to see you.
939
00:57:22,337 --> 00:57:24,805
I tried to make
an appointment...
940
00:57:24,807 --> 00:57:27,273
Well, here I am.
I don't have all day.
941
00:57:27,275 --> 00:57:29,677
It's about Gwendolyn Hoyt.
942
00:57:29,679 --> 00:57:32,680
In that case,
I have no interest in talking
943
00:57:32,682 --> 00:57:33,881
to either one of you.
944
00:57:33,883 --> 00:57:35,683
I'm-I'm arguing a case.
945
00:57:35,685 --> 00:57:38,552
Sex discrimination violates
the Equal Protection principle.
946
00:57:38,554 --> 00:57:41,990
Equal Protection was coined
to grant equality to the Negro,
947
00:57:41,992 --> 00:57:44,425
a task at which
it has dismally failed.
948
00:57:44,427 --> 00:57:46,594
What makes you think women
would fare any better?
949
00:57:46,596 --> 00:57:48,529
Please, if we
could just talk for...
950
00:57:48,531 --> 00:57:50,899
You want to know
how I blew it... is that it?
951
00:57:50,901 --> 00:57:52,467
What I'd do differently?
952
00:57:52,469 --> 00:57:55,337
Why? You think you
can change the country?
953
00:57:55,339 --> 00:57:57,406
You should look
to her generation.
954
00:57:57,408 --> 00:57:59,675
They're taking to the streets,
demanding change,
955
00:57:59,677 --> 00:58:02,244
like we did when we fought
for the vote.
956
00:58:02,246 --> 00:58:04,413
Our mistake
was thinking we'd won.
957
00:58:04,415 --> 00:58:08,316
We started asking, "please,"
as if civil rights were sweets
958
00:58:08,318 --> 00:58:10,552
to be handed out by judges.
959
00:58:10,554 --> 00:58:12,587
Protests are important,
but changing the culture
960
00:58:12,589 --> 00:58:15,357
means nothing
if the law doesn't change.
961
00:58:15,359 --> 00:58:17,394
As a lawyer,
you must believe that.
962
00:58:18,463 --> 00:58:20,430
Let me guess.
963
00:58:20,432 --> 00:58:22,899
You're a professor, aren't you?
964
00:58:22,901 --> 00:58:24,000
Yeah.
965
00:58:24,002 --> 00:58:26,369
Ton of knowledge and no smarts.
966
00:58:26,371 --> 00:58:29,639
- Mom, we should go.
- You want advice? Here it is.
967
00:58:29,641 --> 00:58:32,943
Tell your client she won't find
equality in a courtroom.
968
00:58:32,945 --> 00:58:35,445
My client's name
is Charles Moritz.
969
00:58:35,447 --> 00:58:36,579
That's cute.
970
00:58:36,581 --> 00:58:40,684
He hired a nurse to take care
of his mother, but...
971
00:58:40,686 --> 00:58:44,354
he was denied a caregiver
deduction on his taxes.
972
00:58:44,356 --> 00:58:45,856
He's never been married.
973
00:58:45,858 --> 00:58:50,596
You found a bachelor taking
care of his mother at home.
974
00:58:52,431 --> 00:58:54,999
The judges will be
repulsed by him.
975
00:58:55,001 --> 00:58:57,938
Feeling anything is a start.
976
00:58:59,505 --> 00:59:01,906
What did you say your name was?
977
00:59:01,908 --> 00:59:05,910
Ruth Bader Ginsburg.
978
00:59:05,912 --> 00:59:07,412
Well...
979
00:59:07,414 --> 00:59:09,581
sorry, Professor Ginsburg.
980
00:59:09,583 --> 00:59:11,316
Maybe someday.
981
00:59:11,318 --> 00:59:14,053
But the country isn't ready.
982
00:59:14,055 --> 00:59:16,055
Change minds first,
983
00:59:16,057 --> 00:59:18,389
then change the law.
984
00:59:18,391 --> 00:59:20,391
If you'll excuse me,
the mayor's decided
985
00:59:20,393 --> 00:59:21,927
to rename the neighborhood.
986
00:59:21,929 --> 00:59:25,363
So now a developer is kicking
30 families out of the building
987
00:59:25,365 --> 00:59:27,900
he abandoned ten years ago.
988
00:59:27,902 --> 00:59:31,103
SoHo. Who ever heard
of such a ridiculous thing?
989
00:59:32,573 --> 00:59:34,907
I know she's
your personal hero and all,
990
00:59:34,909 --> 00:59:38,344
- but she's kind of a bitch.
- No, she's formidable.
991
00:59:38,346 --> 00:59:40,513
Dorothy Kenyon has been
fighting for women's rights
992
00:59:40,515 --> 00:59:43,649
and civil rights and
labor rights her entire career.
993
00:59:43,651 --> 00:59:45,085
She didn't always win,
994
00:59:45,087 --> 00:59:48,088
but she made damn sure
she was taken seriously.
995
00:59:48,090 --> 00:59:49,689
She didn't help you.
996
00:59:49,691 --> 00:59:51,691
What are you gonna do now?
997
00:59:51,693 --> 00:59:54,461
It's the right cause,
it's the right client, but...
998
00:59:54,463 --> 00:59:57,764
women have been losing the same
argument for over a century.
999
00:59:57,766 --> 00:59:59,132
Well...
1000
00:59:59,134 --> 01:00:02,136
just because you lost a hundred
years before you started
1001
01:00:02,138 --> 01:00:04,706
is no reason not to try to win.
1002
01:00:06,742 --> 01:00:09,576
Jane, that was very wise.
1003
01:00:09,578 --> 01:00:12,314
You know who said it first?
1004
01:00:13,616 --> 01:00:15,082
Atticus Finch.
1005
01:00:20,023 --> 01:00:21,155
Quick.
1006
01:00:22,959 --> 01:00:24,992
Hey, looking good, ladies!
1007
01:00:24,994 --> 01:00:26,828
Just ignore them.
1008
01:00:26,830 --> 01:00:29,664
Hey, we'll keep you warm
if you're getting wet.
1009
01:00:29,666 --> 01:00:31,599
Oh, yeah? Real nice!
1010
01:00:31,601 --> 01:00:34,535
Do you kiss your mother
with that mouth, asshole?
1011
01:00:34,537 --> 01:00:35,871
- Oh, whoa.
- Whoa!
1012
01:00:35,873 --> 01:00:38,907
Mom, you can't let boys
talk to you like that.
1013
01:00:38,909 --> 01:00:40,611
Taxi!
1014
01:00:45,683 --> 01:00:47,183
Mom, come on.
1015
01:00:47,185 --> 01:00:49,185
You're getting soaked.
1016
01:00:49,187 --> 01:00:51,420
Look at you, Jane.
1017
01:00:51,422 --> 01:00:55,657
You're a liberated,
fearless young woman.
1018
01:00:55,659 --> 01:00:58,493
20 years ago, you couldn't
have been who you are today.
1019
01:00:58,495 --> 01:01:02,131
Dorothy Kenyon's wrong... the...
the times have already changed.
1020
01:01:02,133 --> 01:01:04,000
You coming or what?
1021
01:01:04,002 --> 01:01:05,704
Yeah, yeah, we're coming.
1022
01:01:07,539 --> 01:01:08,905
It's what Professor Freund
1023
01:01:08,907 --> 01:01:10,573
said at Harvard.
1024
01:01:10,575 --> 01:01:13,610
"A court ought not be affected
by the weather of the day,
1025
01:01:13,612 --> 01:01:15,712
but will be
by the climate of the era."
1026
01:01:15,714 --> 01:01:18,182
Okay, so we're not going back
and refighting old cases?
1027
01:01:18,184 --> 01:01:20,217
No, we're arguing
that the precedents
1028
01:01:20,219 --> 01:01:22,652
- should no longer apply.
- Right. But, Ruth,
1029
01:01:22,654 --> 01:01:24,788
Freund was talking about Brownv. the Board of Education.
1030
01:01:24,790 --> 01:01:26,557
That's a
once-in-a-generation case.
1031
01:01:26,559 --> 01:01:28,692
Yeah, and we're
the next generation.
1032
01:01:38,238 --> 01:01:40,939
"Equal Protection applies
"to all persons.
1033
01:01:40,941 --> 01:01:44,109
A class in which men and women
share full membership."
1034
01:01:44,111 --> 01:01:45,810
"A divorced man counts the same
1035
01:01:45,812 --> 01:01:47,746
- as a widower."
- You're saying that this guy
1036
01:01:47,748 --> 01:01:50,215
could have married his nurse,
got divorced the next day,
1037
01:01:50,217 --> 01:01:52,217
and then he'd be eligible
for the tax deduction?
1038
01:01:52,219 --> 01:01:53,985
That's totally nuts.
1039
01:01:53,987 --> 01:01:55,654
All right, our client is a man.
1040
01:01:55,656 --> 01:01:57,055
We cannot lose sight of that,
1041
01:01:57,057 --> 01:02:00,558
because men are also harmed
by this stereotype.
1042
01:02:00,560 --> 01:02:02,961
That little boys are told
they can't be nurses,
1043
01:02:02,963 --> 01:02:05,231
they can't be teachers,
they can't be secretaries.
1044
01:02:05,233 --> 01:02:07,099
Or cook dinner
for their families.
1045
01:02:07,101 --> 01:02:09,534
Exactly.
We're counting on you, too.
1046
01:02:09,536 --> 01:02:11,871
...wholly irrational
distinction
1047
01:02:11,873 --> 01:02:15,574
between single sons
and daughters.
1048
01:02:15,576 --> 01:02:16,842
Any tax preparer may have
an invalid parent...
1049
01:02:16,844 --> 01:02:18,577
Any tax preparer
may have an ailing parent,
1050
01:02:18,579 --> 01:02:20,079
- even an unmarried man.
- ...unalterable
1051
01:02:20,081 --> 01:02:22,715
biological traits
of birth over which the...
1052
01:02:22,717 --> 01:02:24,650
The principles
of American democracy
1053
01:02:24,652 --> 01:02:25,985
should apply
to men and women equally.
1054
01:02:25,987 --> 01:02:27,988
...arbitrary
and equal treatment
1055
01:02:27,990 --> 01:02:29,356
described by the Constitution.
1056
01:02:29,358 --> 01:02:31,858
The law shouldn't
reward or penalize taxpayers
1057
01:02:31,860 --> 01:02:33,693
for their sex.
1058
01:02:45,040 --> 01:02:47,074
Section 214 draws a line
1059
01:02:47,076 --> 01:02:49,611
solely on the basis of sex.
1060
01:03:02,659 --> 01:03:05,893
Professor Ginsburg,
I finished typing the brief.
1061
01:03:05,895 --> 01:03:08,898
You're a saint, Millicent.
1062
01:03:10,301 --> 01:03:12,869
May I make an observation?
1063
01:03:13,937 --> 01:03:15,170
It's just...
1064
01:03:15,172 --> 01:03:16,939
when I was typing it up,
1065
01:03:16,941 --> 01:03:19,942
jumping out
all over the brief was...
1066
01:03:19,944 --> 01:03:21,676
well...
1067
01:03:21,678 --> 01:03:22,745
sex.
1068
01:03:22,747 --> 01:03:26,215
- Sex, sex, sex, sex, sex, sex, sex.
- Oh.
1069
01:03:26,217 --> 01:03:28,684
- Oh.
- It reeks of hormones
1070
01:03:28,686 --> 01:03:30,285
and back seats, and...
1071
01:03:30,287 --> 01:03:31,989
you know how men are.
1072
01:03:33,325 --> 01:03:36,091
Maybe you should try
a less distracting word.
1073
01:03:36,093 --> 01:03:37,860
Maybe...
1074
01:03:37,862 --> 01:03:39,530
"gender."
1075
01:03:41,632 --> 01:03:43,933
You realize that means...
1076
01:03:43,935 --> 01:03:45,235
That's no problem.
1077
01:03:45,237 --> 01:03:47,270
I'm happy to type it again.
1078
01:03:47,272 --> 01:03:49,039
Thanks.
1079
01:03:49,041 --> 01:03:52,008
Guessing doesn't do us
any good... I need to know
1080
01:03:52,010 --> 01:03:54,144
how many people were
turned away from the polls.
1081
01:03:54,146 --> 01:03:57,013
Yeah, the affiliate
still hasn't sent the list.
1082
01:03:57,015 --> 01:03:58,681
Well, then call Brian Tanner.
1083
01:03:58,683 --> 01:04:00,251
Remind him that we're
on the same team.
1084
01:04:00,253 --> 01:04:02,153
Tell him if he doesn't start
acting like it, I'm gonna fly
1085
01:04:02,155 --> 01:04:04,689
to Wisconsin and personally
rip his throat out myself.
1086
01:04:05,724 --> 01:04:06,857
Melvin.
1087
01:04:06,859 --> 01:04:10,830
Didn't your mother ever
teach you to clean your room?
1088
01:04:11,998 --> 01:04:13,733
Miss Kenyon.
1089
01:04:14,901 --> 01:04:17,234
Time for your annual
dusting-off already?
1090
01:04:19,072 --> 01:04:23,140
In 1776, Abigail Adams
wrote her husband a letter.
1091
01:04:23,142 --> 01:04:26,977
"As you write this
new constitution," she said,
1092
01:04:26,979 --> 01:04:28,813
"remember the ladies."
1093
01:04:28,815 --> 01:04:31,149
You know what that bastard
went ahead and did?
1094
01:04:31,151 --> 01:04:32,718
Well, I can guess.
1095
01:04:39,927 --> 01:04:41,660
"Idaho Statesman."
1096
01:04:41,662 --> 01:04:43,128
You need a hobby.
1097
01:04:43,130 --> 01:04:45,030
These poor people.
1098
01:04:45,032 --> 01:04:48,134
Sally and Cecil Reed, divorced.
1099
01:04:48,136 --> 01:04:49,901
Their son committed suicide.
1100
01:04:49,903 --> 01:04:52,939
Both parents want
to administer his estate.
1101
01:04:52,941 --> 01:04:55,908
In Idaho, the law says,
in this situation,
1102
01:04:55,910 --> 01:04:58,144
males must be preferred
to females.
1103
01:04:58,146 --> 01:04:59,745
Why?
1104
01:04:59,747 --> 01:05:02,748
'Cause men are better at math.
1105
01:05:02,750 --> 01:05:04,750
And the Idaho Supreme Court
1106
01:05:04,752 --> 01:05:07,120
just said
that is perfectly legal.
1107
01:05:07,122 --> 01:05:09,155
Dorothy...
I've got student protestors
1108
01:05:09,157 --> 01:05:11,458
in jail in California.
I got schools in Mississippi
1109
01:05:11,460 --> 01:05:13,059
that still refuse
to desegregate. I...
1110
01:05:13,061 --> 01:05:15,362
You're a sissy.
The Board threatened to can you
1111
01:05:15,364 --> 01:05:17,164
because you stood up
for draft dodgers,
1112
01:05:17,166 --> 01:05:19,967
and you've had your tail
between your legs ever since.
1113
01:05:19,969 --> 01:05:21,468
That-that-that is not...
1114
01:05:21,470 --> 01:05:24,138
We don't have the resources
to take this on.
1115
01:05:24,140 --> 01:05:26,940
I've seen you stand up
to the might of government
1116
01:05:26,942 --> 01:05:30,177
with sling and stone
for what you know to be right.
1117
01:05:30,179 --> 01:05:32,045
And, kid, I loved you for it.
1118
01:05:32,047 --> 01:05:33,947
They're not
gonna fire you, Mel.
1119
01:05:33,949 --> 01:05:35,949
The Board's a bunch
of tired old fools.
1120
01:05:35,951 --> 01:05:37,985
They don't have the nerve
to do it.
1121
01:05:37,987 --> 01:05:41,057
I should know.
I'm one of 'em.
1122
01:05:45,128 --> 01:05:47,495
John Adams forgot the ladies.
1123
01:05:47,497 --> 01:05:51,434
And it's time the ACLU
got back in the fight.
1124
01:05:54,237 --> 01:05:56,305
- Okay.
- Good.
1125
01:05:56,307 --> 01:05:58,440
Now, here's where you start.
1126
01:05:58,442 --> 01:06:00,209
It's a case headed
to the Tenth Circuit.
1127
01:06:00,211 --> 01:06:01,743
It's a professor
out of Rutgers.
1128
01:06:01,745 --> 01:06:03,813
Smart cookie.
1129
01:06:06,150 --> 01:06:08,450
Ruth.
1130
01:06:08,452 --> 01:06:10,886
But nowhere does
the Constitution say
1131
01:06:10,888 --> 01:06:14,523
the federal government
must treat people equally.
1132
01:06:14,525 --> 01:06:18,327
What did the court say
about that, Mrs. Parker?
1133
01:06:18,329 --> 01:06:21,797
That the Due Process Clause
implies that equal protection
1134
01:06:21,799 --> 01:06:24,301
applies to the federal
government as well.
1135
01:06:24,303 --> 01:06:25,535
Can you cite the case?
1136
01:06:25,537 --> 01:06:28,405
Bolling v. Sharpe.
1137
01:06:28,407 --> 01:06:29,838
347 U.S. 497.
1138
01:06:29,840 --> 01:06:31,341
Uh, decided in conjunction
1139
01:06:31,343 --> 01:06:34,377
with Brown v. Boardof Education, 1954.
1140
01:06:34,379 --> 01:06:35,845
Bolling desegregated
1141
01:06:35,847 --> 01:06:38,014
all Washington D.C.'s
public schools.
1142
01:06:38,016 --> 01:06:40,852
Chief Justice Warren,
writing for the court.
1143
01:06:41,987 --> 01:06:45,121
How about it, teach?
Do I get an "A"?
1144
01:06:47,859 --> 01:06:49,527
Well played,
sending that newspaper
1145
01:06:49,529 --> 01:06:51,431
and the brief to Kenyon.
1146
01:06:52,498 --> 01:06:54,966
I thought
she might have advice.
1147
01:06:54,968 --> 01:06:57,535
Cut the shit.
Don't ever do that to me again.
1148
01:06:57,537 --> 01:07:00,271
What do you think of the brief?
1149
01:07:00,273 --> 01:07:02,273
It's a compelling argument.
1150
01:07:02,275 --> 01:07:03,874
Brilliantly reasoned.
1151
01:07:03,876 --> 01:07:06,143
More women than ever
are working now. And why not?
1152
01:07:06,145 --> 01:07:08,413
We have preschools,
we have washing machines,
1153
01:07:08,415 --> 01:07:09,914
cheap contraceptives...
1154
01:07:09,916 --> 01:07:11,483
Yeah, times have changed.
1155
01:07:11,485 --> 01:07:13,452
There's a glaring
problem, though.
1156
01:07:13,454 --> 01:07:16,555
In the unlikely event that
you actually win this thing,
1157
01:07:16,557 --> 01:07:18,257
what's the remedy?
1158
01:07:18,259 --> 01:07:19,558
The court takes away
1159
01:07:19,560 --> 01:07:21,460
the caregiver deduction
for everybody,
1160
01:07:21,462 --> 01:07:23,061
including working mothers.
1161
01:07:23,063 --> 01:07:25,063
- Then you've done more harm than good.
- No.
1162
01:07:25,065 --> 01:07:26,965
Do you remember
Justice Harlan's opinion
1163
01:07:26,967 --> 01:07:30,068
last June
in Welsh v. United States?
1164
01:07:30,070 --> 01:07:31,937
Yeah.
1165
01:07:31,939 --> 01:07:34,440
He said laws could be extended
when doing so would be closer
1166
01:07:34,442 --> 01:07:36,376
to the legislature's intent
than overturning would be.
1167
01:07:36,378 --> 01:07:38,944
Yeah, we're adding
one more section to the brief.
1168
01:07:38,946 --> 01:07:41,981
Urging the court
to extend the law
1169
01:07:41,983 --> 01:07:44,886
to include Charlie
as well as everyone else.
1170
01:07:47,188 --> 01:07:49,088
All right.
1171
01:07:49,090 --> 01:07:52,794
The ACLU is prepared to put
their name on your brief.
1172
01:07:54,062 --> 01:07:55,596
- We appreciate your support.
- Stop.
1173
01:07:55,598 --> 01:07:58,265
I still say I'd rather be
a woman in this country
1174
01:07:58,267 --> 01:07:59,999
than a black man or a...
1175
01:08:00,001 --> 01:08:03,304
socialist
or a religious minority.
1176
01:08:03,306 --> 01:08:06,507
Now, let's talk about
you taking on Reed v. Reed.
1177
01:08:06,509 --> 01:08:08,509
- Oh. Stop. No.
- Well...
1178
01:08:08,511 --> 01:08:11,345
all men in Idaho
are better at math?
1179
01:08:11,347 --> 01:08:14,014
Ruth, I gave you one case.
That's all you get.
1180
01:08:14,016 --> 01:08:17,084
The Moritz argument works just
as well for a female client.
1181
01:08:17,086 --> 01:08:20,522
And Reed's
a state supreme court case,
1182
01:08:20,524 --> 01:08:22,557
which means
the U.S. Supreme Court
1183
01:08:22,559 --> 01:08:24,225
- must hear the appeal.
- I-I told you,
1184
01:08:24,227 --> 01:08:26,028
I don't want
another 50-year battle.
1185
01:08:27,097 --> 01:08:29,230
Call Sally Reed's lawyer, Mel.
1186
01:08:29,232 --> 01:08:31,633
If I were you, I would worry
about my own case.
1187
01:08:31,635 --> 01:08:33,501
And I expect to see
your remedy arguments
1188
01:08:33,503 --> 01:08:35,136
before they go
to the Tenth Circuit.
1189
01:08:35,138 --> 01:08:37,172
And I want to be there
when you practice
1190
01:08:37,174 --> 01:08:38,373
your oral arguments.
1191
01:08:38,375 --> 01:08:40,310
We're doing a moot court.
1192
01:08:41,378 --> 01:08:42,445
No.
1193
01:08:42,447 --> 01:08:45,113
It's not negotiable.
1194
01:08:45,115 --> 01:08:46,147
When?
1195
01:08:46,149 --> 01:08:50,119
Soon as we get the
government's response brief.
1196
01:08:50,121 --> 01:08:53,956
Where did these people
go to law school?
1197
01:08:53,958 --> 01:08:55,991
You can't make
a constitutional challenge
1198
01:08:55,993 --> 01:08:57,693
to the tax laws, can you?
1199
01:08:57,695 --> 01:08:59,462
And who's ever heard
of gender discrimination?
1200
01:08:59,464 --> 01:09:01,030
It's a stretch.
1201
01:09:01,032 --> 01:09:03,232
These folks are running at hell
with a bucket of water.
1202
01:09:03,234 --> 01:09:05,101
Case law is filled
with challenges
1203
01:09:05,103 --> 01:09:08,705
that could not be made...
till they were.
1204
01:09:08,707 --> 01:09:11,441
I'm putting Murphy
on writing our response brief.
1205
01:09:11,443 --> 01:09:14,444
- With due respect, Mr. Brown...
- Not personal, Bozarth.
1206
01:09:14,446 --> 01:09:17,547
But if we're not careful,
this appeal could cast a...
1207
01:09:17,549 --> 01:09:20,684
cloud of unconstitutionality
over every federal law
1208
01:09:20,686 --> 01:09:23,019
that differentiates
between men and women.
1209
01:09:23,021 --> 01:09:27,290
I need someone
more seasoned on this.
1210
01:09:27,292 --> 01:09:30,193
Could you get me
the solicitor general, please?
1211
01:09:30,195 --> 01:09:32,597
I pulled the file.
I deserve the chance.
1212
01:09:32,599 --> 01:09:34,265
Murphy's a weak sister.
1213
01:09:34,267 --> 01:09:36,667
I know how to win
this case, sir.
1214
01:09:36,669 --> 01:09:39,305
Better than Murphy.
Better than anyone.
1215
01:09:40,407 --> 01:09:42,573
You need me on this appeal.
1216
01:09:42,575 --> 01:09:45,009
This is Brown.
1217
01:09:45,011 --> 01:09:47,180
I need to see him.
1218
01:09:49,683 --> 01:09:51,449
Okay.
1219
01:09:51,451 --> 01:09:53,317
Tell me.
1220
01:09:53,319 --> 01:09:55,319
Gender equality
as a civil right?
1221
01:09:55,321 --> 01:09:57,723
When everyone's aggrieved
and everyone's a victim.
1222
01:09:57,725 --> 01:10:00,325
It's what the ACLU does:
divide the country
1223
01:10:00,327 --> 01:10:03,328
into smaller and smaller
subgroups.
1224
01:10:03,330 --> 01:10:06,064
- Ginsburg. Cancer, right?
- Mm-hmm.
1225
01:10:06,066 --> 01:10:09,336
- And the wife, very demanding.
- But smart.
1226
01:10:10,471 --> 01:10:12,104
Ten years.
1227
01:10:12,106 --> 01:10:16,308
Ten years I fought to enroll
women at Harvard Law.
1228
01:10:16,310 --> 01:10:19,612
The faculty, the university,
my wife warned me against it.
1229
01:10:19,614 --> 01:10:23,483
Now I'm solicitor general,
it comes back to haunt me.
1230
01:10:23,485 --> 01:10:26,252
Erwin, we could settle.
1231
01:10:26,254 --> 01:10:28,455
Martin Ginsburg was
one of my best students,
1232
01:10:28,457 --> 01:10:31,357
a practical young man...
we can call him, tell him
1233
01:10:31,359 --> 01:10:34,427
we'll give the man his money
and go our separate ways.
1234
01:10:34,429 --> 01:10:36,029
No. No.
1235
01:10:36,031 --> 01:10:38,465
We settle now,
it's open season.
1236
01:10:38,467 --> 01:10:41,502
Let's put this idea
of gender discrimination to bed
1237
01:10:41,504 --> 01:10:43,102
once and for all.
1238
01:10:43,104 --> 01:10:45,372
They handed us a winnable case.
1239
01:10:45,374 --> 01:10:47,575
Then we'll win it.
1240
01:10:47,577 --> 01:10:49,777
You think he's up to it?
1241
01:10:49,779 --> 01:10:52,313
Oh, Mr. Bozarth
is a fine litigator.
1242
01:10:52,315 --> 01:10:54,114
Tell him your idea.
1243
01:10:54,116 --> 01:10:56,183
We list the laws.
1244
01:10:56,185 --> 01:10:57,551
What laws?
1245
01:10:57,553 --> 01:11:00,187
All of them.
1246
01:11:00,189 --> 01:11:02,189
Every federal law that treats
men and women differently.
1247
01:11:02,191 --> 01:11:04,593
We show the court exactly
what kind of can of worms
1248
01:11:04,595 --> 01:11:05,794
these folks are trying to open.
1249
01:11:05,796 --> 01:11:08,663
But, son,
the last anyone checked,
1250
01:11:08,665 --> 01:11:11,700
the U.S. Code
was 20,000 pages long.
1251
01:11:11,702 --> 01:11:13,535
Who's going to read it? You?
1252
01:11:13,537 --> 01:11:15,704
I can get it done, sir.
1253
01:11:15,706 --> 01:11:17,672
I just need an introduction.
1254
01:11:17,674 --> 01:11:19,674
To whom?
1255
01:11:19,676 --> 01:11:21,478
The Secretary of Defense.
1256
01:11:44,435 --> 01:11:47,671
These computers will
find what we're looking for?
1257
01:11:47,673 --> 01:11:48,839
Yes, sir.
1258
01:11:48,841 --> 01:11:50,373
In just a few days.
1259
01:11:50,375 --> 01:11:52,576
Without any human beings
1260
01:11:52,578 --> 01:11:54,178
actually reading the laws.
1261
01:11:57,583 --> 01:12:00,584
What a horrifying age.
1262
01:12:03,389 --> 01:12:04,855
Ruth Bader Ginsburg?
1263
01:12:04,857 --> 01:12:07,190
Delivery from
the Department of Justice.
1264
01:12:07,192 --> 01:12:08,893
Oh.
1265
01:12:08,895 --> 01:12:11,328
Can someone pass me
Title XXXIII?
1266
01:12:11,330 --> 01:12:13,898
Get this. There's a law
that we're not allowed
1267
01:12:13,900 --> 01:12:16,801
to fly military cargo planes.
1268
01:12:16,803 --> 01:12:18,803
It says here
that we're not allowed
1269
01:12:18,805 --> 01:12:21,306
- to work in mines.
- Why would you want to?
1270
01:12:21,308 --> 01:12:23,675
Well, that's not the point.
We should be allowed.
1271
01:12:23,677 --> 01:12:26,177
You really think you
can change all those laws?
1272
01:12:26,179 --> 01:12:28,179
- Kiki?
- That's the plan.
1273
01:12:28,181 --> 01:12:29,681
Curtain's up in 45 minutes.
1274
01:12:29,683 --> 01:12:31,215
Might be a novel experience
1275
01:12:31,217 --> 01:12:33,217
to get there before it starts
for a change.
1276
01:12:33,219 --> 01:12:36,922
Please tell me
that you are... dressed.
1277
01:12:36,924 --> 01:12:38,924
Hi. What are you doing?
1278
01:12:38,926 --> 01:12:41,627
Government's brief came.
1279
01:12:41,629 --> 01:12:44,765
And look who else is on it.
1280
01:12:47,368 --> 01:12:50,936
I knew Griswold was trying
to get Brown over to the DOJ.
1281
01:12:50,938 --> 01:12:52,771
Looks like that worked.
1282
01:12:52,773 --> 01:12:55,374
- How's it look?
- Check out Appendix E.
1283
01:12:55,376 --> 01:12:57,610
It's every federal law
1284
01:12:57,612 --> 01:12:59,445
that discriminates
on the basis of sex.
1285
01:12:59,447 --> 01:13:02,516
We're looking them all up.
There must be hundreds.
1286
01:13:04,352 --> 01:13:08,388
- Good God.
- Hmm.
1287
01:13:08,390 --> 01:13:11,191
Well, you're convinced
Daugherty will see it our way.
1288
01:13:11,193 --> 01:13:14,494
Well, based on reading
all of his opinions, yes.
1289
01:13:14,496 --> 01:13:17,263
And so will Holloway.
1290
01:13:17,265 --> 01:13:19,532
But the final judge...
1291
01:13:19,534 --> 01:13:21,267
Doyle...
1292
01:13:21,269 --> 01:13:23,570
well, he's going to be
a tougher nut to crack.
1293
01:13:23,572 --> 01:13:26,807
- That's unacceptable.
- We need a unanimous decision
1294
01:13:26,809 --> 01:13:28,341
out of the Tenth Circuit,
James.
1295
01:13:28,343 --> 01:13:31,211
We don't want so-called
gender discrimination
1296
01:13:31,213 --> 01:13:32,947
finding its way
to the Supreme Court.
1297
01:13:32,949 --> 01:13:34,415
Yes, sir, I understand that.
1298
01:13:34,417 --> 01:13:36,250
What-what makes this judge
so difficult?
1299
01:13:36,252 --> 01:13:38,786
Well, ma'am,
he's a civil rights crusader.
1300
01:13:38,788 --> 01:13:40,521
Two years ago,
he ordered Denver
1301
01:13:40,523 --> 01:13:43,959
to start busing black students
to white schools.
1302
01:13:43,961 --> 01:13:46,293
There were protests, arson,
1303
01:13:46,295 --> 01:13:47,696
demands for him
to quit the bench.
1304
01:13:47,698 --> 01:13:50,331
But even after someone threw
a bomb at his house,
1305
01:13:50,333 --> 01:13:51,967
Doyle wouldn't budge.
1306
01:13:51,969 --> 01:13:54,536
In that case,
he was enforcing the law.
1307
01:13:54,538 --> 01:13:57,439
The Ginsburgs
are asking him to make law.
1308
01:13:57,441 --> 01:13:59,574
We need to drive home
the difference.
1309
01:13:59,576 --> 01:14:03,779
Paint the judges a picture
of the America that will exist
1310
01:14:03,781 --> 01:14:05,614
if they rule the wrong way.
1311
01:14:05,616 --> 01:14:09,986
Children running home from
school to find no one's there.
1312
01:14:09,988 --> 01:14:12,989
Mommy's at the office
or on a factory floor.
1313
01:14:12,991 --> 01:14:15,591
Man and woman vie
for the same job,
1314
01:14:15,593 --> 01:14:17,292
she can work for less.
1315
01:14:17,294 --> 01:14:19,294
What is a man
without a paycheck
1316
01:14:19,296 --> 01:14:21,297
to take care of his family?
1317
01:14:21,299 --> 01:14:23,332
What woman would want him?
1318
01:14:23,334 --> 01:14:24,634
Wages would go down.
1319
01:14:24,636 --> 01:14:26,335
Divorce rates would soar.
1320
01:14:26,337 --> 01:14:29,405
The very fabric of our society
would begin to unravel.
1321
01:14:29,407 --> 01:14:31,407
Exactly. The other side
wants this to be
1322
01:14:31,409 --> 01:14:33,777
about the Equal Protection
principle.
1323
01:14:33,779 --> 01:14:35,578
The judges are deciding
1324
01:14:35,580 --> 01:14:37,748
what kind of country,
what kind of society
1325
01:14:37,750 --> 01:14:40,450
they want their children and
grandchildren to grow up in.
1326
01:14:40,452 --> 01:14:43,420
You make sure the court sees
1327
01:14:43,422 --> 01:14:47,691
what's at stake
is the American family.
1328
01:14:47,693 --> 01:14:49,359
Whoa!
1329
01:14:49,361 --> 01:14:51,662
Cool!
1330
01:14:53,532 --> 01:14:54,531
Uh, Mom?
1331
01:14:54,533 --> 01:14:57,334
- Can I be on the jury?
- No, there is no jury
1332
01:14:57,336 --> 01:15:00,370
in federal appeals court,
no witnesses, no evidence.
1333
01:15:00,372 --> 01:15:02,475
Just you and the judges.
1334
01:15:03,543 --> 01:15:04,809
- Gerry!
- Hello.
1335
01:15:04,811 --> 01:15:06,544
- Hello.
- How are you?
1336
01:15:06,546 --> 01:15:08,546
- You remember Jane.
- Hi.
1337
01:15:08,548 --> 01:15:11,850
Jane, my old professor,
Gerald Gunther.
1338
01:15:11,852 --> 01:15:13,885
Come on in.
1339
01:15:13,887 --> 01:15:16,023
Look at you. All grown up.
1340
01:15:18,059 --> 01:15:20,558
- Hello, James.
- Hi.
1341
01:15:20,560 --> 01:15:22,393
- What do you think of our courtroom?
- Huh.
1342
01:15:22,395 --> 01:15:25,798
Well, all that's missing
is Justice holding her scales.
1343
01:15:25,800 --> 01:15:29,502
So, who did Mel find
to be the third judge?
1344
01:15:29,504 --> 01:15:32,705
- Pauli Murray.
- So he's not making it easy for you, huh?
1345
01:15:32,707 --> 01:15:35,007
- Who's Pauli Murray?
- Thurgood Marshall himself
1346
01:15:35,009 --> 01:15:36,509
called Pauli's writings
1347
01:15:36,511 --> 01:15:38,511
the "Bible of
the civil rights movement."
1348
01:15:38,513 --> 01:15:40,913
Gerry.
I come bearing your gavel.
1349
01:15:44,920 --> 01:15:48,722
Counsel for
the appellant, you may proceed.
1350
01:15:48,724 --> 01:15:51,423
Again.
1351
01:15:51,425 --> 01:15:54,360
Your Honors,
and may it please the court.
1352
01:15:54,362 --> 01:15:56,563
Section 214 of the tax code
1353
01:15:56,565 --> 01:16:00,567
covers employed single women
who care for their dependents,
1354
01:16:00,569 --> 01:16:02,569
but excludes Charles Moritz,
1355
01:16:02,571 --> 01:16:05,438
a-a bachelor,
providing the same care.
1356
01:16:05,440 --> 01:16:08,508
My wife stays home
to raise our children.
1357
01:16:08,510 --> 01:16:10,510
Are you saying she's oppressed?
1358
01:16:10,512 --> 01:16:13,413
- No, Judge, but as a man, you may not...
- No, no, no.
1359
01:16:13,415 --> 01:16:15,583
Stop, stop. Stop.
Never make it about the judge.
1360
01:16:15,585 --> 01:16:18,452
You don't think
the judge knows he's a man?
1361
01:16:18,454 --> 01:16:19,687
No, I don't want her to put him
on the defensive
1362
01:16:19,689 --> 01:16:21,889
- about it, though.
- In Brown, we put it out there
1363
01:16:21,891 --> 01:16:23,724
without apology: this is wrong.
1364
01:16:23,726 --> 01:16:26,561
Yeah, no offense,
but Ruth doesn't exactly have
1365
01:16:26,563 --> 01:16:28,696
Thurgood Marshall's, uh...
1366
01:16:28,698 --> 01:16:30,565
Balls?
1367
01:16:30,567 --> 01:16:33,634
- Gravitas.
- Should I... should I start again?
1368
01:16:33,636 --> 01:16:35,503
Unless you think
you won the case already.
1369
01:16:35,505 --> 01:16:38,406
Whenever you're ready.
1370
01:16:38,408 --> 01:16:39,908
Uh, Your Honors,
and may it please the court.
1371
01:16:39,910 --> 01:16:41,476
Section 214 of the tax code
1372
01:16:41,478 --> 01:16:42,911
covers employed single women
1373
01:16:42,913 --> 01:16:44,613
who care for their dependents,
1374
01:16:44,615 --> 01:16:46,615
but excludes Charles Moritz,
1375
01:16:46,617 --> 01:16:48,750
a bachelor,
providing the same care.
1376
01:16:48,752 --> 01:16:51,587
There is no rational basis,
because this...
1377
01:16:51,589 --> 01:16:53,488
Wh-Why is it not rational?
1378
01:16:53,490 --> 01:16:55,557
Men go out; women stay home.
1379
01:16:55,559 --> 01:16:57,994
It's been the way of things
for thousands of years.
1380
01:16:57,996 --> 01:17:01,097
H-Historical justification
was also used to legitimize
1381
01:17:01,099 --> 01:17:03,432
the separation of the races.
1382
01:17:03,434 --> 01:17:05,468
- Now, classification...
- Are you saying
1383
01:17:05,470 --> 01:17:07,604
race and gender are the same?
1384
01:17:09,174 --> 01:17:10,840
W-Well...
1385
01:17:10,842 --> 01:17:12,475
both are...
1386
01:17:12,477 --> 01:17:14,777
unalterable biological traits.
1387
01:17:14,779 --> 01:17:17,480
This nation struggles
to give blacks
1388
01:17:17,482 --> 01:17:19,449
fair representation
throughout society.
1389
01:17:19,451 --> 01:17:21,484
- Can you pass that?
- And you're saying that,
1390
01:17:21,486 --> 01:17:23,653
if we decide
in your client's favor,
1391
01:17:23,655 --> 01:17:26,590
we're committing ourselves
to moving towards half
1392
01:17:26,592 --> 01:17:28,893
of our, I don't know,
firemen being women,
1393
01:17:28,895 --> 01:17:30,828
half our nurses being men?
1394
01:17:30,830 --> 01:17:33,564
But why shouldn't men
be nurses? And if-if women want
1395
01:17:33,566 --> 01:17:35,032
- to fight fires, then...
- What about pilots?
1396
01:17:35,034 --> 01:17:37,801
Yeah, again, if women choose
to take on these roles...
1397
01:17:37,803 --> 01:17:39,037
- Judges?
- Why not?
1398
01:17:39,039 --> 01:17:40,638
CEOs? Generals?
1399
01:17:40,640 --> 01:17:41,907
What about garbagemen?
You want to be a garbageman?
1400
01:17:41,909 --> 01:17:44,776
Well, and if-if men want to be
teachers or raise children...
1401
01:17:44,778 --> 01:17:47,078
- Oh, come on.
- Percentages aren't the point.
1402
01:17:47,080 --> 01:17:49,180
- Wrong.
- People should be able to pursue their passions.
1403
01:17:49,182 --> 01:17:50,749
Wrong, wrong.
You're screwing it up, Ruth!
1404
01:17:50,751 --> 01:17:52,617
Have you...
have you read the appendix
1405
01:17:52,619 --> 01:17:54,185
- attached to their brief?
- You're making the wrong case.
1406
01:17:54,187 --> 01:17:57,222
These are laws written by men
who think we are privileged
1407
01:17:57,224 --> 01:17:59,724
to be excused
from men's obligations.
1408
01:17:59,726 --> 01:18:01,893
But it is not a privilege,
it is a cage,
1409
01:18:01,895 --> 01:18:04,531
and these laws are the bars!
1410
01:18:11,105 --> 01:18:12,905
So, that's it?
1411
01:18:12,907 --> 01:18:16,177
You're gonna take them all on
at the same time?
1412
01:18:21,249 --> 01:18:23,149
You asked the questions.
1413
01:18:23,151 --> 01:18:25,751
Well, it doesn't mean you have
to fucking answer them, Ruth.
1414
01:18:25,753 --> 01:18:28,088
You're making
the government's case for them.
1415
01:18:28,090 --> 01:18:31,724
Look, you either make this case
about one man, or you lose.
1416
01:18:31,726 --> 01:18:33,260
'Cause to the judges,
you're not talking
1417
01:18:33,262 --> 01:18:34,761
about women in the abstract.
1418
01:18:34,763 --> 01:18:36,763
You're talking
about their wives,
1419
01:18:36,765 --> 01:18:39,866
at home, you know,
baking briskets.
1420
01:18:39,868 --> 01:18:41,737
You braise a brisket.
You don't bake it.
1421
01:18:42,805 --> 01:18:45,138
- Perhaps that's enough, Mel.
- No.
1422
01:18:45,140 --> 01:18:47,476
I don't think it is, Gerry.
1423
01:18:48,877 --> 01:18:51,945
Look, when you were a kid,
you were pretty
1424
01:18:51,947 --> 01:18:54,182
and you were smart as a whip,
but you're coming across
1425
01:18:54,184 --> 01:18:56,951
as this bitter, unlikable shrew
that I don't even recognize.
1426
01:18:56,953 --> 01:19:00,121
And if that's who shows up
in Denver, you will blow it.
1427
01:19:00,123 --> 01:19:02,759
And would it kill you to smile?
1428
01:19:03,727 --> 01:19:06,160
That's your advice? Just...
1429
01:19:06,162 --> 01:19:09,630
ignore the judges and smile?
1430
01:19:09,632 --> 01:19:12,569
Pâté is the best
I've ever tasted.
1431
01:19:15,339 --> 01:19:17,039
You could evade.
1432
01:19:17,041 --> 01:19:18,606
Should women be firefighters?
1433
01:19:18,608 --> 01:19:19,640
"With all due respect,
Your Honor,
1434
01:19:19,642 --> 01:19:20,976
"I haven't considered it,
1435
01:19:20,978 --> 01:19:22,277
because my client
isn't a firefighter."
1436
01:19:22,279 --> 01:19:24,179
Or you can redirect.
1437
01:19:24,181 --> 01:19:27,249
"With respect, Judge, this case
is not about firefighters.
1438
01:19:27,251 --> 01:19:28,951
"It's about taxpayers,
and there's nothing
1439
01:19:28,953 --> 01:19:31,987
inherently masculine
about paying taxes."
1440
01:19:31,989 --> 01:19:35,124
Or crack a joke. "Your Honor,
anyone who's raised a child
1441
01:19:35,126 --> 01:19:36,292
"couldn't possibly
be intimidated
1442
01:19:36,294 --> 01:19:37,993
by a burning building."
1443
01:19:37,995 --> 01:19:40,030
And then bring them back to your case.
1444
01:19:40,032 --> 01:19:42,300
Marty, you should do
the oral arguments.
1445
01:19:43,335 --> 01:19:44,700
No, no, no.
1446
01:19:44,702 --> 01:19:46,336
Ruth is the expert
on gender law.
1447
01:19:46,338 --> 01:19:48,004
At least half this case is tax.
1448
01:19:48,006 --> 01:19:51,007
Uh, the most important thing
is that Charles Moritz wins.
1449
01:19:51,009 --> 01:19:52,944
I said no, Mel. Drop it.
1450
01:19:55,614 --> 01:19:57,847
They could split the time.
1451
01:19:57,849 --> 01:19:59,216
Martin goes first,
1452
01:19:59,218 --> 01:20:01,017
focuses the argument on tax.
1453
01:20:01,019 --> 01:20:03,955
Then Ruth steps in,
talks about gender.
1454
01:20:09,328 --> 01:20:11,662
- Pauli, here you go.
- Thank you.
1455
01:20:11,664 --> 01:20:13,330
- Gerry, this is yours.
- Mel. Mel.
1456
01:20:13,332 --> 01:20:15,332
There is no aspect of the law
1457
01:20:15,334 --> 01:20:17,101
at which Ruth Ginsburg
can be bested.
1458
01:20:17,103 --> 01:20:19,703
I don't know how things work
at the ACLU, but if anyone
1459
01:20:19,705 --> 01:20:22,073
at my firm couldn't see that,
they would be fired.
1460
01:20:22,075 --> 01:20:23,375
Objection noted, counselor.
1461
01:20:23,377 --> 01:20:25,676
- She's still arguing half.
- This is her...
1462
01:20:25,678 --> 01:20:26,977
Listen, she's written
a revolutionary argument,
1463
01:20:26,979 --> 01:20:30,182
but brief writing is
an academic's job. Okay?
1464
01:20:30,184 --> 01:20:31,950
Oral arguments require a lawyer
1465
01:20:31,952 --> 01:20:34,219
who can command
a judge's respect.
1466
01:20:34,221 --> 01:20:36,154
A real appellate lawyer.
1467
01:20:37,724 --> 01:20:39,157
Oh, what a team
you're gonna be.
1468
01:20:39,159 --> 01:20:40,425
It was a good experience.
1469
01:20:40,427 --> 01:20:42,260
I think that was
a very productive exercise.
1470
01:20:42,262 --> 01:20:43,862
I have to go to a fund-raiser.
1471
01:20:43,864 --> 01:20:46,098
Pauli, Gerry, you want
to split a cab downtown?
1472
01:20:46,100 --> 01:20:47,601
- Sure.
- Sure.
1473
01:20:49,970 --> 01:20:52,171
- Good team, huh?
- It's good to see you, Gerry.
1474
01:20:52,173 --> 01:20:53,372
Thank you for coming.
1475
01:20:53,374 --> 01:20:55,742
- Bye-bye. - Bye.
- Bye. Great to see you.
1476
01:21:02,117 --> 01:21:03,918
Bye.
1477
01:21:11,693 --> 01:21:13,759
You have such a light touch.
1478
01:21:13,761 --> 01:21:16,762
It... it's just
effortless for you,
1479
01:21:16,764 --> 01:21:20,167
- isn't it?
- Uh... Mel was goading you.
1480
01:21:20,169 --> 01:21:22,369
He was trying to make you
feel overwhelmed. That's...
1481
01:21:22,371 --> 01:21:25,305
Of course he was.
He's a relentless prick.
1482
01:21:25,307 --> 01:21:27,074
But it doesn't change the fact
1483
01:21:27,076 --> 01:21:28,842
- that I'm not ready.
- It's not your fault.
1484
01:21:28,844 --> 01:21:30,244
- You've never done this before.
- Well, is that what
1485
01:21:30,246 --> 01:21:32,915
I'm supposed to tell Charlie
when I blow it in court?
1486
01:21:37,086 --> 01:21:40,221
Do you want Theories in PublicTaxation with you in Denver?
1487
01:21:40,223 --> 01:21:43,424
Who needs a tax reference
when you have Marty?
1488
01:21:43,426 --> 01:21:45,393
Did you pack the, uh...
1489
01:21:45,395 --> 01:21:47,095
the Kirk v. Commission brief?
1490
01:21:47,097 --> 01:21:48,363
Yes.
1491
01:21:48,365 --> 01:21:50,365
Rutgers Law.
1492
01:21:50,367 --> 01:21:52,836
It's Mel Wulf for you.
1493
01:21:54,004 --> 01:21:55,471
Just tell him I'm not here.
1494
01:21:55,473 --> 01:21:58,206
I'm sorry, Mr....
1495
01:21:58,208 --> 01:22:00,444
He says it's urgent.
1496
01:22:09,353 --> 01:22:11,820
- Yeah.
- What was so important?
1497
01:22:11,822 --> 01:22:13,355
I'm excited to work with you.
1498
01:22:13,357 --> 01:22:14,757
Ah-ah. Shh, shh. Ah-ah. No.
1499
01:22:14,759 --> 01:22:16,060
I understand.
1500
01:22:17,128 --> 01:22:19,295
She just walked in.
1501
01:22:19,297 --> 01:22:21,032
And to you, too.
1502
01:22:22,367 --> 01:22:23,500
Okay.
1503
01:22:23,502 --> 01:22:25,968
Ruth Ginsburg, Allen Derr.
1504
01:22:25,970 --> 01:22:27,803
How do you do?
1505
01:22:27,805 --> 01:22:29,105
The Supreme Court just
announced they're gonna hear
1506
01:22:29,107 --> 01:22:31,843
Reed v. Reed on appeal
from the Idaho Supreme Court.
1507
01:22:32,978 --> 01:22:35,045
- That's fantastic.
- Mrs. Reed is
1508
01:22:35,047 --> 01:22:36,880
very excited
for the opportunity.
1509
01:22:36,882 --> 01:22:38,882
Uh, Allen's
Sally Reed's lawyer.
1510
01:22:38,884 --> 01:22:42,319
So... is the ACLU gonna help?
1511
01:22:42,321 --> 01:22:44,187
Mm, you told me it was
the right thing to do, right?
1512
01:22:44,189 --> 01:22:45,922
Mel says that
no one knows this area
1513
01:22:45,924 --> 01:22:46,990
of the law better than you.
1514
01:22:46,992 --> 01:22:49,227
You're our secret weapon, Ruth.
1515
01:22:49,229 --> 01:22:50,860
So...
1516
01:22:50,862 --> 01:22:54,766
y-you want me...
in the Supreme Court?
1517
01:22:55,468 --> 01:22:58,336
I, uh... uh...
1518
01:22:58,338 --> 01:23:01,908
I-I told Allen you'd be eager
to help him write his brief.
1519
01:23:05,278 --> 01:23:07,144
Oh.
1520
01:23:07,146 --> 01:23:08,279
Well... basically,
1521
01:23:08,281 --> 01:23:10,815
take the Moritz brief
and swap around the pronouns.
1522
01:23:10,817 --> 01:23:12,284
- Isn't that right?
- Well, it's a...
1523
01:23:12,286 --> 01:23:13,884
little more involved than that.
1524
01:23:13,886 --> 01:23:15,153
Joking.
1525
01:23:15,155 --> 01:23:17,055
All right,
let's start right away.
1526
01:23:17,057 --> 01:23:19,224
Allen, uh, enjoy the city.
You should catch a show
1527
01:23:19,226 --> 01:23:22,160
- while you're here.
- Oh, well, thank you.
1528
01:23:22,162 --> 01:23:24,031
- Yeah.
- Yeah.
1529
01:23:25,165 --> 01:23:26,465
Oh, uh, Kiki and I have
1530
01:23:26,467 --> 01:23:28,166
some stuff to discuss.
1531
01:23:28,168 --> 01:23:30,603
Yes, of course.
I'll-I'll get out of your way.
1532
01:23:30,605 --> 01:23:33,138
Uh, it was a pleasure
meeting you, Ruth.
1533
01:23:33,140 --> 01:23:34,340
Or Kiki.
1534
01:23:34,342 --> 01:23:36,043
Uh... Mel.
1535
01:23:37,178 --> 01:23:39,479
- Oh. Um, I...
- Ah. Don't forget that.
1536
01:23:39,481 --> 01:23:41,849
Mustn't forget that, yeah.
1537
01:23:43,618 --> 01:23:44,851
What a schmuck.
1538
01:23:44,853 --> 01:23:46,853
Let me argue Reed in court.
1539
01:23:46,855 --> 01:23:48,855
- Oh, give me a break.
- I have no less experience
1540
01:23:48,857 --> 01:23:50,256
than Allen Derr
in federal court.
1541
01:23:50,258 --> 01:23:52,025
- You have zero experience.
- If you're gonna use
1542
01:23:52,027 --> 01:23:53,627
- my arguments...
- He's been Sally Reed's lawyer
1543
01:23:53,629 --> 01:23:55,429
for three years;
she trusts him.
1544
01:23:55,431 --> 01:23:58,064
She wouldn't even let me argue
the case. Now, listen to me
1545
01:23:58,066 --> 01:24:00,534
for a second... we have
someone else to discuss.
1546
01:24:00,536 --> 01:24:02,069
Ernie Brown called
this morning.
1547
01:24:02,071 --> 01:24:04,071
In light of Reed going
to the Supreme Court,
1548
01:24:04,073 --> 01:24:06,640
the government wants to settle
the Moritz case for a dollar.
1549
01:24:06,642 --> 01:24:09,076
Reed ups the profile
of our case.
1550
01:24:09,078 --> 01:24:10,577
Th-They're getting nervous.
1551
01:24:10,579 --> 01:24:14,016
I told them you'd be in D.C. on
Monday to sign the paperwork.
1552
01:24:15,885 --> 01:24:18,052
Why would you say that?
1553
01:24:18,054 --> 01:24:19,554
Charlie won't want to settle.
1554
01:24:19,556 --> 01:24:21,088
Well, convince him.
1555
01:24:21,090 --> 01:24:23,325
I will not.
1556
01:24:23,327 --> 01:24:26,561
First, you took half
the argument away from me...
1557
01:24:26,563 --> 01:24:29,631
Nobody took anything away
from you, Ruth.
1558
01:24:29,633 --> 01:24:31,099
You weren't robbed
in the middle of the night.
1559
01:24:31,101 --> 01:24:32,334
All right? I was giving you
this opportunity
1560
01:24:32,336 --> 01:24:35,170
- for the good of the cause.
- You think you gave this to me?
1561
01:24:35,172 --> 01:24:38,039
In fact, I did.
And get your emotions in check.
1562
01:24:38,041 --> 01:24:39,843
You first.
1563
01:24:40,578 --> 01:24:42,077
Allen is gonna be arguing
1564
01:24:42,079 --> 01:24:45,080
in the Supreme Court
that times have changed.
1565
01:24:45,082 --> 01:24:46,549
We can't afford
the Tenth Circuit
1566
01:24:46,551 --> 01:24:48,016
saying that they haven't.
1567
01:24:48,018 --> 01:24:49,918
Nothing would strengthen
the argument more
1568
01:24:49,920 --> 01:24:52,221
- than the appeals court deciding for Charlie.
- Yes,
1569
01:24:52,223 --> 01:24:54,123
that would be very nice,
but here in the real world,
1570
01:24:54,125 --> 01:24:56,092
- with working lawyers...
- You think I can't be persuasive?
1571
01:24:56,094 --> 01:24:57,259
Oh, I've never been
more certain
1572
01:24:57,261 --> 01:24:59,528
about anything
in my life, Ruth.
1573
01:24:59,530 --> 01:25:01,397
You don't get to tell me
when to quit.
1574
01:25:01,399 --> 01:25:03,366
You couldn't even make it
through moot court
1575
01:25:03,368 --> 01:25:04,902
without embarrassing yourself.
1576
01:25:06,003 --> 01:25:09,138
You will lose, Ruth.
And when you do,
1577
01:25:09,140 --> 01:25:11,140
you will set the women's
movement back ten years. More.
1578
01:25:11,142 --> 01:25:13,610
We are dodging a bullet here.
1579
01:25:13,612 --> 01:25:17,182
Are you the only one
that can't see that?
1580
01:25:28,394 --> 01:25:30,961
These are Allen's briefs
from the previous appeals.
1581
01:25:30,963 --> 01:25:33,731
Tie them into the framework
of the Moritz brief.
1582
01:25:33,733 --> 01:25:35,934
I'll review it
when you're done.
1583
01:25:38,505 --> 01:25:41,141
It's a Supreme Court brief.
1584
01:25:42,509 --> 01:25:45,912
I can assign it to someone else
if that's what you'd prefer.
1585
01:25:59,760 --> 01:26:01,460
Oh, and-and, Ruth.
1586
01:26:01,462 --> 01:26:05,032
Uh, the sooner
you call Charlie, the better.
1587
01:26:16,076 --> 01:26:18,545
I had this idea.
1588
01:26:18,547 --> 01:26:19,746
What's that?
1589
01:26:19,748 --> 01:26:22,114
Well, it doesn't matter now.
1590
01:26:22,116 --> 01:26:24,152
Tell me.
1591
01:26:25,620 --> 01:26:28,655
We could have taken Appendix E
from the government's brief,
1592
01:26:28,657 --> 01:26:32,358
that entire comprehensive
list of laws
1593
01:26:32,360 --> 01:26:35,228
that differentiates
between the sexes, and...
1594
01:26:35,230 --> 01:26:37,731
and turn it
into our own hit list.
1595
01:26:37,733 --> 01:26:40,133
We could have started
a special project
1596
01:26:40,135 --> 01:26:42,703
at the ACLU to go after
those laws one by one,
1597
01:26:42,705 --> 01:26:44,438
in the legislature,
in the courts,
1598
01:26:44,440 --> 01:26:48,311
until women and men were
genuinely equal under the law.
1599
01:26:51,180 --> 01:26:54,183
And I've been running around
claiming things have changed.
1600
01:27:37,729 --> 01:27:40,164
Daddy told me about the case.
1601
01:27:43,268 --> 01:27:46,371
Why is Mel Wulf being
such a dick?
1602
01:27:49,107 --> 01:27:50,874
He thinks I'm gonna lose.
1603
01:27:50,876 --> 01:27:53,311
No way, Jose.
Not in my experience.
1604
01:28:01,587 --> 01:28:05,188
As Mr. Moritz's lawyer, I'm...
1605
01:28:05,190 --> 01:28:08,394
I'm ethically bound
to convey him the offer.
1606
01:28:11,597 --> 01:28:16,901
So would you like help taking
apart your life's work, or...
1607
01:28:16,903 --> 01:28:20,473
is that something
you'd rather do by yourself?
1608
01:28:21,808 --> 01:28:23,341
I...
1609
01:28:23,343 --> 01:28:26,346
I know that this case, that...
1610
01:28:30,650 --> 01:28:33,284
...that I disrupted our lives,
1611
01:28:33,286 --> 01:28:35,221
and...
1612
01:28:37,223 --> 01:28:39,223
I'm sorry.
1613
01:28:39,225 --> 01:28:43,096
Sorry for what?
For-for doing your job?
1614
01:28:47,902 --> 01:28:50,736
Who is it for...
1615
01:28:50,738 --> 01:28:53,107
if not for me?
1616
01:28:58,346 --> 01:29:00,512
And they'll say it,
right? That I'm not a cheater,
1617
01:29:00,514 --> 01:29:02,916
- that the law is unfair?
- No, Charlie,
1618
01:29:02,918 --> 01:29:05,384
the government
won't say that on its own.
1619
01:29:05,386 --> 01:29:08,390
But if they don't say it,
how will I have won?
1620
01:29:10,425 --> 01:29:12,959
You-you haven't.
1621
01:29:12,961 --> 01:29:15,397
But you-you get the money.
1622
01:29:17,699 --> 01:29:20,266
What about everyone else?
1623
01:29:20,268 --> 01:29:22,803
When you came to see me,
you said...
1624
01:29:22,805 --> 01:29:25,906
Charlie, the settlement
is only for you.
1625
01:29:25,908 --> 01:29:29,443
No one else can benefit.
1626
01:29:29,445 --> 01:29:31,479
But could we win?
1627
01:29:31,481 --> 01:29:32,713
Well...
1628
01:29:32,715 --> 01:29:34,815
we could, and...
1629
01:29:34,817 --> 01:29:37,453
and the impact
would last generations.
1630
01:29:39,656 --> 01:29:42,356
But the ACLU feels...
1631
01:29:42,358 --> 01:29:45,526
it's best
if you take the offer.
1632
01:29:46,997 --> 01:29:49,831
But you're my lawyer, Ruth.
1633
01:29:49,833 --> 01:29:52,268
What do you think?
1634
01:29:59,243 --> 01:30:01,643
- Ah, Ruth.
- Professor Brown.
1635
01:30:01,645 --> 01:30:02,978
Please come in.
1636
01:30:06,583 --> 01:30:07,850
Dean Griswold.
1637
01:30:07,852 --> 01:30:09,685
Mrs. Ginsburg.
1638
01:30:09,687 --> 01:30:14,423
I'm pleased you found a use
for your Harvard education.
1639
01:30:14,425 --> 01:30:17,595
Actually, what I'm doing now,
I learned at Columbia.
1640
01:30:18,663 --> 01:30:20,563
Ah.
1641
01:30:20,565 --> 01:30:23,566
Ruth was always my most
thoroughly prepared student.
1642
01:30:23,568 --> 01:30:26,736
So much to prove.
1643
01:30:26,738 --> 01:30:30,007
These days, the girls are
as hopeless as the men.
1644
01:30:30,009 --> 01:30:32,876
How's little Jane?
1645
01:30:32,878 --> 01:30:34,644
Not so little.
1646
01:30:34,646 --> 01:30:36,479
And we have another. James.
1647
01:30:36,481 --> 01:30:38,849
Mm, I'm sure
they keep you busy.
1648
01:30:38,851 --> 01:30:40,651
Yes.
1649
01:30:40,653 --> 01:30:42,455
Both of us.
1650
01:30:43,723 --> 01:30:46,392
Ernie has your paperwork ready.
1651
01:30:49,495 --> 01:30:53,031
My client was very excited
about your offer.
1652
01:30:53,033 --> 01:30:55,632
Good. Good.
1653
01:30:55,634 --> 01:30:58,069
He did, however,
have some conditions.
1654
01:30:58,071 --> 01:30:59,671
Conditions?
1655
01:30:59,673 --> 01:31:01,505
What kind of conditions?
1656
01:31:01,507 --> 01:31:03,742
First of all,
he'd like you to forgive
1657
01:31:03,744 --> 01:31:05,309
a hundred percent of the money.
1658
01:31:05,311 --> 01:31:06,911
None of this
one dollar business.
1659
01:31:06,913 --> 01:31:08,379
Yes, well, I'm sure
1660
01:31:08,381 --> 01:31:09,948
we can manage to arrange that.
1661
01:31:09,950 --> 01:31:11,816
And he'd like the government
to concede
1662
01:31:11,818 --> 01:31:13,386
that he did nothing wrong.
1663
01:31:14,955 --> 01:31:16,788
And enter into the court record
1664
01:31:16,790 --> 01:31:18,656
that Section 214
of the tax code
1665
01:31:18,658 --> 01:31:20,658
discriminates
on the basis of sex
1666
01:31:20,660 --> 01:31:23,263
and is therefore
unconstitutional.
1667
01:31:24,331 --> 01:31:26,531
I can't agree to that.
1668
01:31:26,533 --> 01:31:28,067
And you know it.
1669
01:31:28,069 --> 01:31:30,370
Does Mel Wulf know about this?
1670
01:31:32,974 --> 01:31:36,410
Then we'll see you in court.
1671
01:31:46,722 --> 01:31:48,556
Thank you, gentlemen.
1672
01:31:49,625 --> 01:31:51,091
It was a pleasure.
1673
01:31:59,935 --> 01:32:01,835
Your Honors...
1674
01:32:01,837 --> 01:32:03,772
and may it please the court.
1675
01:32:06,842 --> 01:32:10,077
Your Honors...
and may it please the court.
1676
01:32:10,079 --> 01:32:12,479
Your Honors, and may it...
1677
01:32:12,481 --> 01:32:14,949
Section 214 of the tax code.
1678
01:32:14,951 --> 01:32:17,319
Section 214
of the tax code.
1679
01:32:26,729 --> 01:32:28,964
Your Honors...
1680
01:32:28,966 --> 01:32:31,834
and may it please the court.
1681
01:32:58,495 --> 01:33:00,765
Good morning.
1682
01:33:05,971 --> 01:33:07,804
You're ready for this.
1683
01:33:07,806 --> 01:33:10,206
You've been ready for this
your whole life.
1684
01:33:10,208 --> 01:33:12,976
So go in there
and let the judges see
1685
01:33:12,978 --> 01:33:15,547
the Ruth Ginsburg I know.
1686
01:33:20,552 --> 01:33:22,652
- Oh, Professor Brown.
- Marty.
1687
01:33:22,654 --> 01:33:24,889
- Good to see you.
- You remember our daughter Jane.
1688
01:34:06,633 --> 01:34:08,968
- Charlie.
- Good morning.
1689
01:34:08,970 --> 01:34:11,739
- You must be Jane.
- Nice to meet you, Mr. Moritz.
1690
01:34:17,045 --> 01:34:19,178
- Mr. Ginsburg.
- No, uh, Mel Wulf.
1691
01:34:19,180 --> 01:34:21,747
- ACLU.
- That's me. I'm Mr. Ginsburg.
1692
01:34:21,749 --> 01:34:23,484
- Nice to meet you, Charles.
- My pleasure.
1693
01:34:30,591 --> 01:34:32,660
Well, here we are.
1694
01:34:39,868 --> 01:34:41,068
All rise.
1695
01:34:41,070 --> 01:34:44,838
The United States Court of
Appeals for the Tenth Circuit
1696
01:34:44,840 --> 01:34:46,240
is now in session.
1697
01:34:46,242 --> 01:34:50,043
Judges Doyle, Holloway
and Daugherty presiding.
1698
01:34:50,045 --> 01:34:52,182
Be seated.
1699
01:34:55,952 --> 01:34:59,020
You have a century
of case law on your side.
1700
01:34:59,022 --> 01:35:01,191
Just do your job.
1701
01:35:03,560 --> 01:35:04,926
The first case is
1702
01:35:04,928 --> 01:35:07,862
docket number 71-1127.
1703
01:35:07,864 --> 01:35:10,999
Charles Moritz v. Commissioner
of Internal Revenue.
1704
01:35:11,001 --> 01:35:13,102
Each side will have
30 minutes to present.
1705
01:35:13,104 --> 01:35:15,636
When two minutes remain,
the court clerk will rise
1706
01:35:15,638 --> 01:35:19,141
to give warning; when your time
is up, he will sit.
1707
01:35:19,143 --> 01:35:21,276
Counsel for the appellant,
1708
01:35:21,278 --> 01:35:23,948
Mr. Ginsburg, you may proceed.
1709
01:35:27,218 --> 01:35:29,885
Good morning, Your Honors,
and may it please the court.
1710
01:35:29,887 --> 01:35:31,587
Today we are going
to demonstrate
1711
01:35:31,589 --> 01:35:33,822
that Section 214
of the U.S. tax code
1712
01:35:33,824 --> 01:35:36,125
unfairly discriminates
against our client,
1713
01:35:36,127 --> 01:35:37,327
Mr. Charles Moritz,
1714
01:35:37,329 --> 01:35:40,796
because he is a man.
1715
01:35:40,798 --> 01:35:43,632
Congress assumed that
1716
01:35:43,634 --> 01:35:45,268
a caregiver
is most likely a woman.
1717
01:35:45,270 --> 01:35:47,303
Is that so unreasonable?
1718
01:35:47,305 --> 01:35:51,074
If the law says all caregivers
are entitled to a deduction,
1719
01:35:51,076 --> 01:35:53,376
and if the writers,
in the back of their mind,
1720
01:35:53,378 --> 01:35:55,278
thought, well,
this will only apply to women,
1721
01:35:55,280 --> 01:35:57,013
then that would be
an assumption.
1722
01:35:57,015 --> 01:35:58,782
But they went farther
than that, Judge.
1723
01:35:58,784 --> 01:36:00,850
They explicitly list
who qualifies
1724
01:36:00,852 --> 01:36:02,819
- as a caregiver.
- As is their prerogative.
1725
01:36:02,821 --> 01:36:04,821
Yes, but, Judge,
I doubt that you would turn
1726
01:36:04,823 --> 01:36:07,158
the same blind eye if it said
only white caregivers.
1727
01:36:07,160 --> 01:36:09,226
Oh, that's hardly
the same thing.
1728
01:36:09,228 --> 01:36:11,829
Respectfully, we disagree.
1729
01:36:11,831 --> 01:36:13,898
I'm gonna turn it over
to my cocounsel,
1730
01:36:13,900 --> 01:36:15,633
who will discuss the
constitutional questions...
1731
01:36:15,635 --> 01:36:18,571
You're telling us that race
and gender are the same?
1732
01:36:20,807 --> 01:36:22,740
My cocounsel...
1733
01:36:22,742 --> 01:36:24,376
Yes, yes, we'll get to her
in a minute.
1734
01:36:24,378 --> 01:36:27,845
But I'd appreciate an answer
to my question.
1735
01:36:27,847 --> 01:36:29,847
In order for a law
to discriminate,
1736
01:36:29,849 --> 01:36:32,117
it must distinguish
between groups arbitrarily.
1737
01:36:32,119 --> 01:36:33,318
Is that correct?
1738
01:36:33,320 --> 01:36:35,387
My cocounsel will...
1739
01:36:35,389 --> 01:36:36,955
Mr. Ginsburg.
1740
01:36:36,957 --> 01:36:38,725
I have asked you.
1741
01:36:44,765 --> 01:36:46,765
It must be arbitrary. Yes.
1742
01:36:46,767 --> 01:36:49,901
And in this case,
we believe the law is.
1743
01:36:49,903 --> 01:36:52,138
Mr. Moritz is a man
who never married.
1744
01:36:52,140 --> 01:36:53,738
That may make him less likely
1745
01:36:53,740 --> 01:36:55,740
to have childcare
responsibilities,
1746
01:36:55,742 --> 01:36:57,176
but not parent care
responsibilities.
1747
01:36:57,178 --> 01:36:59,846
- And had he been a woman...
- And to your mind,
1748
01:36:59,848 --> 01:37:02,415
classifications of this kind
must always be discriminatory?
1749
01:37:02,417 --> 01:37:03,950
There's some help.
He's asking him
1750
01:37:03,952 --> 01:37:05,284
to make a broad
categorical claim.
1751
01:37:05,286 --> 01:37:06,786
I can't speak to always, Judge.
1752
01:37:06,788 --> 01:37:10,091
I can only speak to this case
and this man.
1753
01:37:11,393 --> 01:37:13,327
Very well.
1754
01:37:13,329 --> 01:37:14,760
Thank you.
1755
01:37:14,762 --> 01:37:16,031
Then speak of him.
1756
01:37:21,871 --> 01:37:25,839
Again, the only distinction
between our client, Mr. Moritz,
1757
01:37:25,841 --> 01:37:29,042
and any other caregiver,
in Judge Daugherty's words,
1758
01:37:29,044 --> 01:37:30,844
is arbitrary.
1759
01:37:30,846 --> 01:37:32,212
Thank you,
1760
01:37:32,214 --> 01:37:35,350
and I cede the remainder
of my time to my cocounsel.
1761
01:38:02,213 --> 01:38:03,947
Your Honors...
1762
01:38:06,484 --> 01:38:09,020
Whenever you're ready,
Mrs. Ginsburg.
1763
01:38:11,923 --> 01:38:14,490
Your Honors,
and may it please the court.
1764
01:38:14,492 --> 01:38:16,759
Section 214
1765
01:38:16,761 --> 01:38:19,462
denies Mr. Moritz
a caregiver tax deduction
1766
01:38:19,464 --> 01:38:23,032
available to similarly
situated women...
1767
01:38:23,034 --> 01:38:25,834
Yes, yes, we've...
we've been through all that.
1768
01:38:25,836 --> 01:38:28,837
Uh, Mrs. Ginsburg,
you are aware
1769
01:38:28,839 --> 01:38:32,377
that the government has
three coequal branches?
1770
01:38:35,781 --> 01:38:38,181
- Mrs. Ginsburg?
- Yes, of course, Your Honor.
1771
01:38:38,183 --> 01:38:42,120
And that it is the
Congress's role to write law?
1772
01:38:44,056 --> 01:38:47,427
Your Honor, I understand
how government works.
1773
01:38:48,994 --> 01:38:50,729
Take it easy, Ruth.
1774
01:38:51,863 --> 01:38:55,499
Well, uh, sometimes a law,
even a good law,
1775
01:38:55,501 --> 01:38:57,902
even a law that is legal
under the Constitution,
1776
01:38:57,904 --> 01:39:00,371
may not be good for every
individual it affects.
1777
01:39:00,373 --> 01:39:02,173
I have a question.
1778
01:39:02,175 --> 01:39:04,275
If I understand correctly,
1779
01:39:04,277 --> 01:39:07,446
you're concerned about men
and women being pigeonholed
1780
01:39:07,448 --> 01:39:09,847
into certain roles
based on gender.
1781
01:39:09,849 --> 01:39:11,283
Yes, that's correct.
1782
01:39:11,285 --> 01:39:12,883
- Because...
- Excuse me.
1783
01:39:12,885 --> 01:39:14,186
Uh, that wasn't my question.
1784
01:39:14,188 --> 01:39:16,321
It strikes me
that the caregiver deduction
1785
01:39:16,323 --> 01:39:18,156
does the opposite.
1786
01:39:18,158 --> 01:39:21,159
It helps women be able to work
outside the home.
1787
01:39:21,161 --> 01:39:23,130
Isn't that a good thing?
1788
01:39:24,298 --> 01:39:26,365
But the law assumes
it must be the woman
1789
01:39:26,367 --> 01:39:29,101
who is supposed to be at home
in the first place.
1790
01:39:29,103 --> 01:39:31,837
Well, that is the case
in every family I know.
1791
01:39:31,839 --> 01:39:33,573
So it's the assumption
that's the problem.
1792
01:39:33,575 --> 01:39:36,008
Then when can a law
differentiate
1793
01:39:36,010 --> 01:39:38,779
on the basis of sex? Never?
1794
01:39:40,048 --> 01:39:43,283
When the classification
rationally relates to the law.
1795
01:39:43,285 --> 01:39:46,419
Keeping women out of combat,
for example.
1796
01:39:46,421 --> 01:39:48,388
I'm not sure whether I agree
with that example...
1797
01:39:48,390 --> 01:39:51,457
Oh, so you think women belong
on the front lines now, too?
1798
01:39:51,459 --> 01:39:53,192
No, that's not what...
1799
01:39:53,194 --> 01:39:55,194
Gender, like race,
1800
01:39:55,196 --> 01:39:57,498
is a biological,
unalterable trait.
1801
01:39:57,500 --> 01:40:00,301
There is nothing that women are
inherently better at than men,
1802
01:40:00,303 --> 01:40:01,435
nor vice versa.
1803
01:40:01,437 --> 01:40:03,304
Growing a beard?
1804
01:40:03,306 --> 01:40:04,338
Well, that's...
1805
01:40:04,340 --> 01:40:06,273
Lactation.
1806
01:40:06,275 --> 01:40:08,275
No thinking person
could possibly imagine
1807
01:40:08,277 --> 01:40:10,344
that Charles Moritz's
gender relates
1808
01:40:10,346 --> 01:40:13,149
to his abilit...
1809
01:40:15,552 --> 01:40:18,152
Why can't we, Mrs. Ginsburg?
1810
01:40:18,154 --> 01:40:21,623
In most households, aren't
women the primary caregivers?
1811
01:40:21,625 --> 01:40:24,091
Aren't men the breadwinners?
1812
01:40:24,093 --> 01:40:26,196
Aren't they?
1813
01:40:32,336 --> 01:40:35,036
Most households,
yes, Your Honor.
1814
01:40:35,038 --> 01:40:37,005
Doesn't that reality suggest
1815
01:40:37,007 --> 01:40:40,043
that that's
the natural order of things?
1816
01:40:45,982 --> 01:40:48,250
Respectfully, Your Honors,
I'd like to reserve
1817
01:40:48,252 --> 01:40:50,987
the remainder of my time
for rebuttal.
1818
01:40:56,260 --> 01:40:59,197
Not sure I followed that.
H-How are we doing?
1819
01:41:03,602 --> 01:41:05,167
It's okay.
1820
01:41:05,169 --> 01:41:06,605
It's not over yet.
1821
01:41:20,319 --> 01:41:24,154
Mr. Bozarth for the appellee,
1822
01:41:24,156 --> 01:41:25,989
- you may proceed.
- Don't let them forget
1823
01:41:25,991 --> 01:41:27,525
what this case is really about.
1824
01:41:27,527 --> 01:41:29,694
You'll be fine.
1825
01:41:29,696 --> 01:41:31,396
Ah, Bozarth.
1826
01:41:31,398 --> 01:41:34,699
The, uh, master of citations.
1827
01:41:34,701 --> 01:41:37,235
That's what my family
calls me, too, Judge.
1828
01:41:40,340 --> 01:41:43,141
Your Honors,
and may it please the court.
1829
01:41:43,143 --> 01:41:44,709
Congress created
this tax deduction
1830
01:41:44,711 --> 01:41:48,246
to help caregivers
go out and work.
1831
01:41:48,248 --> 01:41:50,047
Caregivers.
1832
01:41:50,049 --> 01:41:53,953
Folks that, if they weren't
working, would stay home.
1833
01:41:55,288 --> 01:41:58,457
Now, are we meant
to believe that this man
1834
01:41:58,459 --> 01:42:00,325
would have the skill
1835
01:42:00,327 --> 01:42:02,694
or even the caregiver's
instinct to do that?
1836
01:42:02,696 --> 01:42:04,763
Why can't we believe that?
1837
01:42:04,765 --> 01:42:07,099
Why does an unwed woman
have that instinct
1838
01:42:07,101 --> 01:42:08,700
but not an unwed man?
1839
01:42:08,702 --> 01:42:10,402
Or a widower, for that matter?
1840
01:42:10,404 --> 01:42:12,070
Well, respectfully,
Judge Doyle,
1841
01:42:12,072 --> 01:42:14,473
a widower doesn't choose
to be a caregiver.
1842
01:42:14,475 --> 01:42:15,708
It's thrust upon them.
1843
01:42:15,710 --> 01:42:18,478
And as for women,
1844
01:42:18,480 --> 01:42:20,179
it doesn't take
a legal treatise
1845
01:42:20,181 --> 01:42:22,382
to prove what
a hundred thousand years
1846
01:42:22,384 --> 01:42:24,617
of human history
has made indelibly clear.
1847
01:42:24,619 --> 01:42:27,120
And Congress can write
1848
01:42:27,122 --> 01:42:30,056
the tax code to enforce
this natural law?
1849
01:42:30,058 --> 01:42:32,194
Congress can write
whatever tax code it wants.
1850
01:42:33,128 --> 01:42:34,762
All I'm saying, Judge,
1851
01:42:34,764 --> 01:42:38,298
is that given
the natural order of things,
1852
01:42:38,300 --> 01:42:42,703
this man, Mr. Moritz,
hasn't suffered as a result.
1853
01:42:42,705 --> 01:42:44,405
But the country will suffer
1854
01:42:44,407 --> 01:42:47,075
if the court doesn't find
for the appellee.
1855
01:42:50,379 --> 01:42:52,413
Your Honors, I am certain
there isn't a man among us
1856
01:42:52,415 --> 01:42:55,149
who wouldn't try to ease
his wife's burdens.
1857
01:42:55,151 --> 01:42:57,084
So I don't see
how we can judge negatively
1858
01:42:57,086 --> 01:42:58,787
the members of Congress
who would do the same.
1859
01:42:58,789 --> 01:43:01,522
And I'm not alone in that.
1860
01:43:01,524 --> 01:43:04,058
There is a long and honorable
tradition in the courts
1861
01:43:04,060 --> 01:43:06,128
of upholding laws
like this one.
1862
01:43:07,364 --> 01:43:09,431
I, for one, would rather see
my government err
1863
01:43:09,433 --> 01:43:11,668
on the side
of caring too much...
1864
01:43:13,504 --> 01:43:14,736
...of trying too hard
1865
01:43:14,738 --> 01:43:17,539
to help the ladies
of this country,
1866
01:43:17,541 --> 01:43:21,276
rather than to be indifferent
to their unique burdens.
1867
01:43:21,278 --> 01:43:23,247
Now, maybe Mr. Moritz
disagrees.
1868
01:43:24,414 --> 01:43:26,682
Or maybe he just
doesn't like paying taxes.
1869
01:43:28,085 --> 01:43:29,552
Personally,
I don't believe that.
1870
01:43:29,554 --> 01:43:32,122
I believe that Charles Moritz
is a victim.
1871
01:43:33,391 --> 01:43:35,123
Not of his government,
1872
01:43:35,125 --> 01:43:38,160
but of the lawyers
who have used his case
1873
01:43:38,162 --> 01:43:39,731
to achieve their own ends.
1874
01:43:41,099 --> 01:43:44,835
Radical social change.
1875
01:43:49,307 --> 01:43:52,476
We rest our case
on our briefs and argument,
1876
01:43:52,478 --> 01:43:56,313
and ask that the court uphold
the tax court's decision.
1877
01:43:56,315 --> 01:43:58,149
Thank you.
1878
01:44:10,596 --> 01:44:12,462
Counsel for the appellant,
1879
01:44:12,464 --> 01:44:16,135
you have four minutes
for rebuttal.
1880
01:44:26,212 --> 01:44:28,748
Counsel for the appellant?
1881
01:44:38,593 --> 01:44:40,360
Counselor.
1882
01:44:53,708 --> 01:44:57,879
"Radical social change."
1883
01:45:04,653 --> 01:45:08,688
When I was in law school,
there was no women's bathroom.
1884
01:45:13,362 --> 01:45:16,563
It's amazing to me now
that we never complained.
1885
01:45:16,565 --> 01:45:19,199
Not because we were timid;
we were just astounded
1886
01:45:19,201 --> 01:45:22,469
to be in law school at all.
1887
01:45:22,471 --> 01:45:26,373
A hundred years ago, Myra
Bradwell wanted to be a lawyer.
1888
01:45:26,375 --> 01:45:28,274
She had fulfilled
the requirements
1889
01:45:28,276 --> 01:45:29,944
for the Illinois bar,
1890
01:45:29,946 --> 01:45:31,946
but she wasn't allowed
to practice
1891
01:45:31,948 --> 01:45:34,214
because she was a woman.
1892
01:45:34,216 --> 01:45:38,421
An injustice she asked
the Supreme Court to correct.
1893
01:45:39,856 --> 01:45:42,690
Illinois was so confident
of victory,
1894
01:45:42,692 --> 01:45:46,762
they didn't even send a lawyer
to argue their side.
1895
01:45:46,764 --> 01:45:48,562
They were right.
1896
01:45:48,564 --> 01:45:49,933
She lost.
1897
01:45:52,335 --> 01:45:55,671
That was the first time
someone went to court
1898
01:45:55,673 --> 01:46:00,742
to challenge his or her
prescribed gender role.
1899
01:46:00,744 --> 01:46:02,880
A hundred years ago.
1900
01:46:06,316 --> 01:46:08,918
"Radical... social...
1901
01:46:08,920 --> 01:46:11,221
change."
1902
01:46:14,291 --> 01:46:17,627
65 years ago,
when women in Oregon
1903
01:46:17,629 --> 01:46:19,762
wanted to work overtime
and make more money,
1904
01:46:19,764 --> 01:46:22,865
as men could, the court looked
to the precedent in Bradwell
1905
01:46:22,867 --> 01:46:24,267
and said no.
1906
01:46:24,269 --> 01:46:27,603
So then there were
two precedents.
1907
01:46:27,605 --> 01:46:30,908
Then three, then four,
and on and on,
1908
01:46:30,910 --> 01:46:33,276
and you can draw a direct line
1909
01:46:33,278 --> 01:46:35,344
from Myra Bradwell
to Gwendolyn Hoyt,
1910
01:46:35,346 --> 01:46:36,947
told ten years ago
1911
01:46:36,949 --> 01:46:40,519
she was not entitled
to a jury of her peers.
1912
01:46:41,821 --> 01:46:43,954
That is the legacy
1913
01:46:43,956 --> 01:46:46,690
the government asks you
to uphold today.
1914
01:46:46,692 --> 01:46:50,027
You are being urged
to protect the culture
1915
01:46:50,029 --> 01:46:52,463
and traditions and morality
1916
01:46:52,465 --> 01:46:55,301
of an America
that no longer exists.
1917
01:46:57,904 --> 01:46:59,671
A generation ago,
1918
01:46:59,673 --> 01:47:02,640
my students would have been
arrested for indecency
1919
01:47:02,642 --> 01:47:04,843
for wearing the clothes
that they do.
1920
01:47:04,845 --> 01:47:07,812
65 years ago,
1921
01:47:07,814 --> 01:47:09,080
it would have been unimaginable
1922
01:47:09,082 --> 01:47:11,518
that my daughter
would aspire to a career.
1923
01:47:13,887 --> 01:47:16,755
And a hundred years ago...
1924
01:47:16,757 --> 01:47:20,627
I would not have the right
to stand before you.
1925
01:47:30,938 --> 01:47:34,406
There are 178 laws
that differentiate
1926
01:47:34,408 --> 01:47:36,408
on the basis of sex.
Count them.
1927
01:47:36,410 --> 01:47:39,879
The government did the favor
of compiling them for you.
1928
01:47:39,881 --> 01:47:42,848
And while you're at it...
1929
01:47:42,850 --> 01:47:45,684
I urge you to read them.
1930
01:47:45,686 --> 01:47:49,623
They're obstacles
to our children's aspirations.
1931
01:47:49,625 --> 01:47:52,926
You're asking us to overturn
nearly a century of precedent.
1932
01:47:52,928 --> 01:47:55,695
I'm asking you
to set a new precedent,
1933
01:47:55,697 --> 01:47:59,132
as courts have done before
when the law is outdated.
1934
01:47:59,134 --> 01:48:00,867
But in those cases,
the courts had
1935
01:48:00,869 --> 01:48:02,437
a clear constitutional handle.
1936
01:48:03,772 --> 01:48:07,707
The word "woman"
does not appear even once
1937
01:48:07,709 --> 01:48:10,345
in the U.S. Constitution.
1938
01:48:11,513 --> 01:48:15,718
Nor does the word "freedom,"
Your Honor.
1939
01:48:30,901 --> 01:48:32,733
Go on...
1940
01:48:32,735 --> 01:48:35,039
Professor Ginsburg.
1941
01:48:40,611 --> 01:48:44,012
The principal purpose
of Section 214
1942
01:48:44,014 --> 01:48:46,048
is not to protect women
1943
01:48:46,050 --> 01:48:48,050
nor to discriminate
against men.
1944
01:48:48,052 --> 01:48:50,853
It is to provide caregivers
the opportunity
1945
01:48:50,855 --> 01:48:52,621
to work outside the home.
1946
01:48:52,623 --> 01:48:56,159
Therefore, as the Supreme Court
did in Levy v. Louisiana,
1947
01:48:56,161 --> 01:48:58,627
this court should fix the law
1948
01:48:58,629 --> 01:49:01,764
most in line
with the legislative intent.
1949
01:49:01,766 --> 01:49:04,636
Extend the deduction
to never-married men.
1950
01:49:05,503 --> 01:49:08,607
Help all caregivers equally.
1951
01:49:12,577 --> 01:49:15,912
Charles Moritz was well-raised
to be the sort of man
1952
01:49:15,914 --> 01:49:18,949
we should all hope our sons
will become.
1953
01:49:18,951 --> 01:49:22,485
Charlie deserves
our admiration.
1954
01:49:22,487 --> 01:49:24,822
Not only has he
taken on the burden
1955
01:49:24,824 --> 01:49:28,792
of caring for his
very strong-willed mother
1956
01:49:28,794 --> 01:49:31,195
when no one would
expect it of him,
1957
01:49:31,197 --> 01:49:35,599
but in doing so, he has
surpassed the limitations
1958
01:49:35,601 --> 01:49:38,736
the rest of us and our laws
1959
01:49:38,738 --> 01:49:41,805
seek to force upon him.
1960
01:49:41,807 --> 01:49:45,043
We're not asking you
to change the country.
1961
01:49:45,045 --> 01:49:48,914
That's already happened
without any court's permission.
1962
01:49:48,916 --> 01:49:53,820
We're asking you to protect the
right of the country to change.
1963
01:49:57,524 --> 01:50:01,127
Our sons and daughters
are barred by law
1964
01:50:01,129 --> 01:50:03,095
from opportunities
based on assumptions
1965
01:50:03,097 --> 01:50:04,629
about their abilities.
1966
01:50:04,631 --> 01:50:06,798
How will they ever disprove
these assumptions
1967
01:50:06,800 --> 01:50:11,569
if laws like Section 214
are allowed to stand?
1968
01:50:11,571 --> 01:50:14,040
We all must take these laws on,
1969
01:50:14,042 --> 01:50:16,676
one by one,
for as long as it takes,
1970
01:50:16,678 --> 01:50:18,711
for their sakes.
1971
01:50:18,713 --> 01:50:21,247
You have the power
to set the precedent
1972
01:50:21,249 --> 01:50:24,217
that will get us started.
1973
01:50:24,219 --> 01:50:27,755
You can right this wrong.
1974
01:50:38,000 --> 01:50:42,035
We rest our case
on our briefs and argument,
1975
01:50:42,037 --> 01:50:43,770
and ask...
1976
01:50:43,772 --> 01:50:48,142
that you reverse
the tax court's decision.
1977
01:51:12,035 --> 01:51:13,968
Kiki!
1978
01:51:13,970 --> 01:51:15,636
That was perfect.
1979
01:51:15,638 --> 01:51:18,639
- That was perfect.
- We don't even know who won.
1980
01:51:18,641 --> 01:51:20,878
Doesn't matter.
It was right.
1981
01:51:21,946 --> 01:51:24,213
This is just the beginning.
1982
01:51:24,215 --> 01:51:25,314
Mm!
1983
01:51:25,316 --> 01:51:26,882
I'm gonna go gloat.
1984
01:51:29,620 --> 01:51:32,021
- Martin. Thank you.
- Of course, Charles.
1985
01:51:32,023 --> 01:51:33,822
Jane.
1986
01:51:33,824 --> 01:51:36,058
Ruth, I...
1987
01:51:36,060 --> 01:51:38,230
- We'll be in touch.
- Yeah.
1988
01:51:53,211 --> 01:51:54,946
You did it.
1989
01:51:56,048 --> 01:51:58,317
We did it.
1990
01:52:01,686 --> 01:52:03,953
Oh, and I say we celebrate
1991
01:52:03,955 --> 01:52:07,058
and go pick up James
and get some pizza.
1992
01:52:18,371 --> 01:52:20,638
We'll hear arguments next
1993
01:52:20,640 --> 01:52:22,274
in number four,
Reed against Reed...
1994
01:52:22,276 --> 01:52:25,243
...next in, uh, 71-1694,
1995
01:52:25,245 --> 01:52:27,979
Frontiero against Laird.
1996
01:52:27,981 --> 01:52:30,215
...Weinberger
against Wiesenfeld.
1997
01:52:30,217 --> 01:52:31,749
...Khan against Shell.
1998
01:52:31,751 --> 01:52:34,252
...Edwards
against Healy and others.
1999
01:52:36,256 --> 01:52:37,756
Mrs. Ginsburg.
2000
01:52:37,758 --> 01:52:39,391
Mr. Chief Justice,
2001
01:52:39,393 --> 01:52:40,926
and may it please the court.
2002
01:52:40,928 --> 01:52:45,897
Amicus views this case as kinto Reed v. Reed, 404 U.S.
2003
01:52:45,899 --> 01:52:47,266
The sex criterion stigmatizes
2004
01:52:47,268 --> 01:52:51,137
when it is used to limit
hours of work for women only.
2005
01:52:51,139 --> 01:52:54,307
It assumes that all women
are preoccupied
2006
01:52:54,309 --> 01:52:55,408
with home and children.
2007
01:52:55,410 --> 01:52:57,877
These distinctions have
a common effect.
2008
01:52:57,879 --> 01:53:01,080
They help keep woman
in her place,
2009
01:53:01,082 --> 01:53:03,883
a place inferior
to that occupied by men.
2010
01:53:03,885 --> 01:53:05,818
The law must stop using sex
2011
01:53:05,820 --> 01:53:07,987
as a shorthand
for functional description.
2012
01:53:07,989 --> 01:53:10,290
The judgment enjoins
enforcement of the statute
2013
01:53:10,292 --> 01:53:13,826
insofar as it discriminates
on the basis of sex.
2014
01:53:13,828 --> 01:53:16,096
...practical effect,
laws of this quality
2015
01:53:16,098 --> 01:53:18,298
help to keep women
not on a pedestal,
2016
01:53:18,300 --> 01:53:20,000
but in a cage.
2017
01:53:20,002 --> 01:53:24,438
Sarah Grimké said,
"I ask no favor for my sex.
2018
01:53:24,440 --> 01:53:27,040
"All I ask of our brethren
2019
01:53:27,042 --> 01:53:30,846
is that they take their feet
off our necks."
2020
02:00:05,360 --> 02:00:10,360
Subtitles by explosiveskull
Sync by GoldenBeard
150275
Can't find what you're looking for?
Get subtitles in any language from opensubtitles.com, and translate them here.