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(theme music playing)
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Michael Savage: This witch.
This evil doer. This monster.
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00:01:07,943 --> 00:01:10,104
Mark Levin: She has no respect
for the traditions
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00:01:10,279 --> 00:01:11,735
of our constitution, none.
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00:01:11,905 --> 00:01:15,693
Donald Trump: An absolute
disgrace to the Supreme Court.
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Rick Wiles: She's one
of the most vile human beings.
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Scott Lively: She's very wicked,
yeah.
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00:01:20,205 --> 00:01:21,911
Michael Savage:
She's Anti-American.
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Bill O'Reilly: She's a zombie.
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The woman 's a zombie,
Ruth Bader Ginsburg.
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Ruth Bader Ginsberg:
I ask no favor for my sex.
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All | ask of our brethren...
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00:01:39,600 --> 00:01:43,218
is that they take their feet off
our necks.
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00:01:48,525 --> 00:01:50,356
Jโ Forget the bull
in the china shop Jโ
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00:01:50,611 --> 00:01:52,977
Jโ There's a china doll
in the bullpen Jโ
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00:01:53,447 --> 00:01:54,983
Jโ Walk with a switch,
fire in her fist Jโ
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00:01:55,157 --> 00:01:56,988
Jโ Biting at the bit,
swing at every pitch Jโ
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Jโ Coach put me in like I
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00:01:58,577 --> 00:02:00,113
Jโ Forget the bull
in the china shop Jโ
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00:02:00,245 --> 00:02:02,531
Jโ There's a china doll
in the bullpen Jโ
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00:02:02,748 --> 00:02:04,784
Jโ It's all in the wrist,
fire from the hip Jโ
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00:02:04,958 --> 00:02:06,949
I Talk a little shit
roll thick, whole clique Jโ
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00:02:07,127 --> 00:02:08,116
Jโ Let's begin like I
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00:02:08,295 --> 00:02:13,710
Twenty-six, 25, 24, 23,
21, 20, 19
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Jโ It's been assumed
I 'm soft or irrelevant Jโ
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00:02:16,178 --> 00:02:18,715
Jโ 'Cause I refuse to downplay
my intelligence Jโ
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00:02:18,889 --> 00:02:20,925
Jโ But in a room of thugs
and rap veterans Jโ
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00:02:21,099 --> 00:02:23,306
Jโ Why am I the only one
who's acting like a gentleman Jโ
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Announcer:
Justice Ruth Bader Ginsburg.
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00:02:25,646 --> 00:02:27,807
(crowd cheering)
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00:02:27,981 --> 00:02:30,097
Jโ Looks to me like
a little of your true school Jโ
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00:02:30,275 --> 00:02:32,891
Jโ Is at the shallow end
of the typing pool Jโ
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00:02:33,028 --> 00:02:34,564
I All cloak, no dagger
just smoke and swagger Jโ
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- Nina Totenberg: How's your health?
- Uh, I'm feeling just fine.
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00:02:39,326 --> 00:02:40,611
(crowd cheering)
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00:02:40,702 --> 00:02:42,988
Here now to comment
is Ruth Bader Ginsburg.
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00:02:45,957 --> 00:02:48,869
Totenberg: It's an amazing
thing to see somebody in her 80s
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00:02:49,044 --> 00:02:52,707
- become such an icon.
- Do you mind signing this copy?
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I am 84 years old and everyone
wants to take a picture with me.
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00:02:56,718 --> 00:02:59,380
She is really, when you come
right down to it,
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00:02:59,680 --> 00:03:01,511
the closest thing
to a superhero I know.
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00:03:01,640 --> 00:03:04,177
I And I love this job
but ah good God Jโ
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00:03:04,351 --> 00:03:06,387
Jโ Sometimes Ihate
this business Jโ
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00:03:06,561 --> 00:03:09,553
They call her Notorious RBG,
that's her rap name.
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00:03:09,731 --> 00:03:11,687
- Notorious R...
- RBG.
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00:03:11,858 --> 00:03:16,067
- Yeah, no, no, RGB. RBG right.
- The Notorious...
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00:03:16,321 --> 00:03:17,652
(crowd cheering)
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00:03:17,864 --> 00:03:18,899
News Anchor:
Supreme Court Justice,
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00:03:19,032 --> 00:03:21,023
Ruth Bader Ginsburg getting
a lot of attention
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00:03:21,201 --> 00:03:23,066
after she delivered
a scathing dissent.
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00:03:23,245 --> 00:03:25,452
Whether you agree with her
or not, you got to acknowledge
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00:03:25,622 --> 00:03:27,158
she's been a force
on that court.
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00:03:27,332 --> 00:03:29,163
Liberal hero,
Ruth Bader Ginsburg.
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00:03:29,334 --> 00:03:30,790
As much as people admire her,
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00:03:30,961 --> 00:03:32,201
they don't even know
the half of it.
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00:03:33,296 --> 00:03:34,911
Kathleen Peratis:
She was the queen.
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00:03:35,090 --> 00:03:36,500
Harry Edwards: Ruth knew
what she was doing
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00:03:36,633 --> 00:03:37,873
in laying the foundation.
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00:03:38,051 --> 00:03:41,885
Arthur Miller: To put women
on exactly the same plane as men.
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00:03:42,097 --> 00:03:43,428
Toten berg :
Ruth Bader Ginsburg
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00:03:43,557 --> 00:03:47,141
quite literally changed the way
the world is for American women.
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00:03:47,310 --> 00:03:52,600
Twelve, 11, ten, nine, eight,
seven, six, five...
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00:03:53,567 --> 00:03:56,434
Joe Biden: Today the Senate
Judiciary Committee welcomes
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00:03:56,778 --> 00:03:58,564
Judge Ruth Bader Ginsburg,
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00:03:58,947 --> 00:04:01,233
the President's nominee
to be Associate Justice
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00:04:01,408 --> 00:04:03,524
of
the United States Supreme Court.
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00:04:04,119 --> 00:04:05,154
Jโ Let's begin like I
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00:04:12,127 --> 00:04:14,413
(camera shutters clicking)
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00:04:14,755 --> 00:04:18,168
Judge do you swear the testimony
you are about to give
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00:04:18,341 --> 00:04:20,502
will be the whole truth
and nothing but the truth,
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00:04:20,677 --> 00:04:21,883
so help you God?
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- I do, Mr. Chairman.
- Thank you.
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00:04:26,266 --> 00:04:30,009
I am a Brooklynite,
born and bred...
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00:04:31,271 --> 00:04:34,684
a first-generation American
on my father's side...
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00:04:35,734 --> 00:04:38,646
barely second-generation
on my mother's.
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00:04:39,696 --> 00:04:42,984
What has become of me
could happen...
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00:04:43,492 --> 00:04:44,857
only in America.
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00:04:53,794 --> 00:04:57,127
Ruth: Neither of my parents
had the means to attend college,
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00:04:57,756 --> 00:05:01,044
but both taught me
to love learning...
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00:05:01,927 --> 00:05:03,963
to care about people...
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00:05:04,596 --> 00:05:09,886
and to work hard for whatever
I wanted or believed in.
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00:05:11,645 --> 00:05:14,887
Ruth: My father was
from Odessa
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00:05:15,023 --> 00:05:17,184
and during his
growing up years,
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00:05:17,484 --> 00:05:20,772
Jews were no longer admitted
to the Russian schools.
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00:05:21,738 --> 00:05:24,195
Education
was terribly important.
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00:05:25,867 --> 00:05:29,234
My mother was loving
but also very strict,
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00:05:29,621 --> 00:05:34,206
making sure I that I did my...
homework, practice the piano,
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00:05:34,376 --> 00:05:36,833
didn't stay out jumping rope
too long.
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00:05:40,006 --> 00:05:41,792
Iloved to do the things
that boys did,
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00:05:41,967 --> 00:05:43,423
when I was growing up.
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00:05:43,677 --> 00:05:46,384
One of our favorite things
was climbing garage roofs
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00:05:46,805 --> 00:05:48,887
from one roof to another,
leaping...
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00:05:50,225 --> 00:05:51,340
leaping over.
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00:05:51,935 --> 00:05:54,768
Justice Ginsburg,
we cannot call Ruth.
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00:05:54,938 --> 00:05:56,553
- Right.
- We call her Kiki.
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00:05:57,941 --> 00:05:59,226
Ann Kittener: She was beautiful.
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Big beautiful blue eyes,
which you really can't see
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00:06:02,654 --> 00:06:06,272
very well behind her glasses,
very soft brown hair.
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00:06:07,200 --> 00:06:09,407
She had this kind
of quiet magnetism
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00:06:09,870 --> 00:06:11,906
even though she was
not effusive.
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00:06:12,080 --> 00:06:13,945
Harryette Helsel: You always thought
that she wasn 't listening
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00:06:14,082 --> 00:06:16,368
and that she didn't know
what was going on
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00:06:16,543 --> 00:06:18,249
but she knew what was going on.
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00:06:18,420 --> 00:06:20,627
- She didn't do small talk.
- No, no small talk.
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00:06:20,797 --> 00:06:23,789
And she didn't do girl chat
and she didn't get on the phone
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and talk with us about what
happened on the weekend.
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She's a deep thinker.
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- She's an only child.
- No...
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00:06:31,808 --> 00:06:34,220
She had a sister, I didn't know
her sister.
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00:06:34,477 --> 00:06:36,217
- Her sister passed away.
- Right.
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00:06:37,063 --> 00:06:39,304
Helsel: But she and her mom
were very close,
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00:06:39,524 --> 00:06:41,230
very, very close.
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00:06:42,360 --> 00:06:46,194
Ruth: My mother died
when I was 17.
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00:06:47,073 --> 00:06:50,281
| wish I could've had her...
longen
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00:06:53,079 --> 00:06:56,287
Well, her mother must have been
a very steely person
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00:06:56,458 --> 00:06:59,495
because she had cancer
a long time
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00:07:00,086 --> 00:07:01,542
and... and lived
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00:07:02,047 --> 00:07:05,335
trying to get her child
through high school.
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00:07:06,718 --> 00:07:09,801
Kittener: We were supposed to be
at graduation.
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00:07:09,971 --> 00:07:13,509
And then the night before
we got a message
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00:07:13,683 --> 00:07:16,140
that she would not be able
to be part of this.
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00:07:16,311 --> 00:07:19,018
We knew then that her mother had
passed away.
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00:07:20,440 --> 00:07:26,106
Ruth: She had two... lessons
that she repeated over and over.
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00:07:26,905 --> 00:07:28,111
"Be a lady... "
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00:07:28,990 --> 00:07:31,106
and "Be independent."
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00:07:31,993 --> 00:07:36,487
"Be a lady" meant don't allow
yourself to be overcome
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00:07:36,665 --> 00:07:39,782
by useless emotions like anger.
129
00:07:40,710 --> 00:07:43,201
And by "Independent,"
she meant...
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00:07:44,631 --> 00:07:47,589
it would be fine if you met
Prince Charming
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00:07:47,759 --> 00:07:51,001
and lived happily ever after.
But...
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00:07:52,472 --> 00:07:54,303
be able to fend for yourself.
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00:07:56,810 --> 00:08:02,100
In my lifetime, I expect to see
three, four,
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00:08:02,232 --> 00:08:05,599
perhaps even more women
on the High Court bench.
135
00:08:06,403 --> 00:08:09,395
Women not shaped
from the same mold,
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00:08:09,739 --> 00:08:12,105
but of different complexions.
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00:08:13,702 --> 00:08:17,286
I surely would not be
in this room today...
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00:08:18,289 --> 00:08:20,405
without the determined efforts
139
00:08:21,042 --> 00:08:26,332
of men and women who kept dreams
of equal citizenship alive.
140
00:08:28,633 --> 00:08:32,046
l have had the great good
fortune to share life...
141
00:08:32,679 --> 00:08:34,135
with a partner.
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00:08:35,265 --> 00:08:38,428
Truly extraordinary
for his generation...
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00:08:40,395 --> 00:08:44,308
a man who believed at age 18,
when we met,
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00:08:45,275 --> 00:08:47,061
that a woman's work,
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00:08:47,527 --> 00:08:50,189
whether at home or on the job...
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00:08:51,406 --> 00:08:54,944
is as important as a man's.
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00:08:57,037 --> 00:09:00,621
Ibecame a lawyer... in days...
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00:09:01,499 --> 00:09:03,455
when women were not wanted
149
00:09:03,626 --> 00:09:06,368
by most members
of the legal profession.
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00:09:08,173 --> 00:09:12,382
I became a lawyer because Marty
supported that choice...
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00:09:12,761 --> 00:09:14,092
unreservedly.
152
00:09:20,393 --> 00:09:21,974
Totenberg: So what was it
about Marty?
153
00:09:25,565 --> 00:09:28,648
(audience laughing)
154
00:09:30,612 --> 00:09:34,651
Ruth: Marty and I met
when I was 17, he was 18.
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00:09:34,824 --> 00:09:36,360
Iwas in college.
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00:09:39,287 --> 00:09:41,869
Cornell was a preferred school
for...
157
00:09:42,332 --> 00:09:43,617
for daughters.
158
00:09:49,255 --> 00:09:54,545
In those days, there was
a strict quota for women.
159
00:09:55,095 --> 00:09:58,758
There were four men
to every woman...
160
00:09:59,891 --> 00:10:04,100
so for parents, Cornell was
the ideal place to send a girl.
161
00:10:04,187 --> 00:10:05,142
(audience laughing)
162
00:10:05,271 --> 00:10:07,933
If she couldn't find
her man there, she was hopeless.
163
00:10:10,610 --> 00:10:15,695
My first semester at Cornell,
I never did a repeat date.
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00:10:18,409 --> 00:10:21,025
(audience laughing
and applauding)
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00:10:22,038 --> 00:10:24,279
Ruth: But then Imet Marty,
and there was something
166
00:10:24,374 --> 00:10:26,911
amazingly wonderful
about this man.
167
00:10:27,794 --> 00:10:32,379
He was the first boy I ever knew
who cared that I had a brain.
168
00:10:32,966 --> 00:10:36,208
Most guys in the '503 didn't.
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00:10:38,054 --> 00:10:40,966
One of the sadnesses
about the brilliant girls
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00:10:41,141 --> 00:10:45,225
who attended Cornell is
that they kind of suppressed
171
00:10:45,520 --> 00:10:46,976
how smart they were.
172
00:10:47,939 --> 00:10:52,558
But Marty was so confident
of his own ability...
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00:10:53,403 --> 00:10:54,813
so comfortable with himself,
174
00:10:54,988 --> 00:11:00,153
that he never regarded me
as any kind of a threat.
175
00:11:00,785 --> 00:11:05,370
We all were struck
by the tremendous difference
176
00:11:05,540 --> 00:11:08,373
between Marty... and Ruth.
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00:11:09,460 --> 00:11:14,420
Marty was the most gregarious,
outgoing, Iife-of-the-party.
178
00:11:15,550 --> 00:11:18,337
Ruth was a really quite...
179
00:11:19,387 --> 00:11:20,923
recessive in a way...
180
00:11:22,223 --> 00:11:28,560
shy, quiet, soft voice
but they worked, they worked.
181
00:11:28,730 --> 00:11:30,937
(movie projector clicking)
182
00:11:39,365 --> 00:11:40,901
Oh, he's so young.
183
00:11:44,120 --> 00:11:45,155
Ruth: Meeting Marty...
184
00:11:45,538 --> 00:11:49,372
was by far the most fortunate
thing that ever happened to me.
185
00:11:50,084 --> 00:11:53,247
Marty was a man blessed
with a wonderful sense of humor.
186
00:11:53,796 --> 00:11:55,661
I tend to be rather sober.
187
00:11:57,425 --> 00:11:59,086
(marching band drums)
188
00:11:59,469 --> 00:12:03,758
In those days, it was not
a great time for our country.
189
00:12:04,432 --> 00:12:07,549
There was a Red Scare abroad
in the land.
190
00:12:08,311 --> 00:12:09,847
Are you a member
of the Communist party
191
00:12:09,938 --> 00:12:12,179
or have you ever been a member
of the Communist party?
192
00:12:13,233 --> 00:12:15,724
It's unfortunate and tragic
that l have to teach
193
00:12:15,860 --> 00:12:17,976
this committee
the principles of Americanism.
194
00:12:18,071 --> 00:12:20,278
Chairman: That's not
the question.
195
00:12:20,406 --> 00:12:21,987
Ruth: Ihad a government
professor
196
00:12:22,575 --> 00:12:26,284
and he wanted me to see
that our country was straying
197
00:12:26,454 --> 00:12:28,536
from its most basic values
198
00:12:28,748 --> 00:12:30,659
by some of our politicians
199
00:12:30,833 --> 00:12:33,700
who were seeing a Communist
in every closet.
200
00:12:33,878 --> 00:12:35,493
But that there were lawyers,
201
00:12:35,672 --> 00:12:38,880
who were defending the rights
of these people to think,
202
00:12:39,050 --> 00:12:41,792
to speak, to write freely.
203
00:12:42,470 --> 00:12:43,835
Chairman: Stand away
from the stand!
204
00:12:43,930 --> 00:12:45,420
Fight for the Bill of Rights
you're trying to destroy.
205
00:12:45,556 --> 00:12:46,762
Chairman: Officer,
take this man
206
00:12:46,849 --> 00:12:48,089
away from the stand.
207
00:12:50,061 --> 00:12:53,804
Ruth: And then Igot the idea
that you could do something
208
00:12:53,982 --> 00:12:57,190
that would make your society
a little better.
209
00:12:58,987 --> 00:13:01,649
My family had some reservations
about this...
210
00:13:03,032 --> 00:13:07,696
but then when Imarried
at the end of college,
211
00:13:07,870 --> 00:13:11,829
my family said, if she wants
to be a lawyer let her try.
212
00:13:12,292 --> 00:13:13,907
If she can 't succeed...
213
00:13:14,836 --> 00:13:17,498
she will have a husband
to support her.
214
00:13:21,467 --> 00:13:23,833
That's me waiting to get
my diploma, very happy.
215
00:13:24,095 --> 00:13:27,428
- Yeah, see? That's a nice one.
- That's cute. Yeah.
216
00:13:27,765 --> 00:13:31,053
So, we have a whole slew
of pictures.
217
00:13:31,477 --> 00:13:33,843
They took them from every
possible angle.
218
00:13:34,605 --> 00:13:35,560
You know who that is?
219
00:13:36,357 --> 00:13:37,267
No.
220
00:13:37,400 --> 00:13:40,813
- It's Dean Minow.
- Oh. Dean Minow is so small.
221
00:13:41,321 --> 00:13:42,811
We're the same height!
222
00:13:42,989 --> 00:13:45,321
She's not that small,
she's probably taller than you.
223
00:13:45,450 --> 00:13:46,485
There's somebody in there.
224
00:13:46,576 --> 00:13:48,612
Clara Spera: My brother and cousins
and I all call her Bubbe.
225
00:13:48,786 --> 00:13:51,323
It's the Yiddish word
for grandmother.
226
00:13:51,581 --> 00:13:53,697
It's what we've always
called Bubbe.
227
00:13:54,250 --> 00:13:56,662
- Spera: Bubbe!
- Yes?
228
00:13:56,836 --> 00:13:59,919
Spera: Do you know if you have
fake sugar like Splenda
229
00:14:00,089 --> 00:14:03,547
- or Sweet n Low?
- Yes, it should be someplace...
230
00:14:03,718 --> 00:14:04,924
Spera: That's helpful.
231
00:14:05,345 --> 00:14:06,334
I feel like I have
232
00:14:06,512 --> 00:14:09,549
my grandmotherly relationship
with her but also somewhat
233
00:14:09,724 --> 00:14:12,557
of a student scholarly
relationship to her as well now.
234
00:14:13,019 --> 00:14:15,010
She taught me that the way
to win an argument
235
00:14:15,188 --> 00:14:16,553
is not to yell.
236
00:14:16,981 --> 00:14:19,848
Because often that will turn
people away more so,
237
00:14:20,026 --> 00:14:21,391
than bringing them
to your table.
238
00:14:21,569 --> 00:14:23,025
Spera: I don't know
what that says...
239
00:14:25,031 --> 00:14:26,111
I can't tell if...
240
00:14:26,282 --> 00:14:29,149
For Extraordinary Dedication
to the Harvard Law School
241
00:14:29,327 --> 00:14:30,908
and efforts on its behalf.
242
00:14:31,079 --> 00:14:33,286
You know, this was
the 200th year of Harvard.
243
00:14:33,748 --> 00:14:37,161
So, it took 200 years for us...
We were the first class
244
00:14:37,251 --> 00:14:38,616
that was 50/50 women.
245
00:14:39,337 --> 00:14:42,079
So 50 percent men...
We were the first class.
246
00:14:42,256 --> 00:14:43,917
It takes 200... No. Yeah.
247
00:14:53,059 --> 00:14:55,971
Miller: Women did not come
into the Harvard Law School
248
00:14:56,145 --> 00:14:58,511
until the very early '503.
249
00:14:58,689 --> 00:15:01,977
Two percent was about what
it was back then.
250
00:15:02,902 --> 00:15:07,271
How did it feel to be one
of nine women in a class of...
251
00:15:08,449 --> 00:15:10,314
over 500 men?
252
00:15:14,622 --> 00:15:17,204
You felt you were constantly
on display.
253
00:15:17,750 --> 00:15:19,786
So if you were called on
in class,
254
00:15:20,336 --> 00:15:22,998
you felt that, if you didn't
perform well,
255
00:15:23,381 --> 00:15:26,498
that you were failing not just
for yourself but for all women.
256
00:15:27,343 --> 00:15:29,425
You also had
the uncomfortable feeling
257
00:15:29,554 --> 00:15:31,135
that you were being watched.
258
00:15:32,557 --> 00:15:33,672
American antitrust policy...
259
00:15:33,850 --> 00:15:35,340
Brenda Feigen: Harvard was
a Socratic method.
260
00:15:35,435 --> 00:15:37,050
So the professor would ask
a question
261
00:15:37,228 --> 00:15:39,014
and then you would be called on
to answer.
262
00:15:39,814 --> 00:15:41,896
The way it worked with women
was they didn't call on us.
263
00:15:42,191 --> 00:15:43,852
I think they were afraid,
we would sort of wither
264
00:15:43,943 --> 00:15:46,525
if we were subjected
to that kind of questioning.
265
00:15:47,780 --> 00:15:51,898
Ruth: When I was sent to check
a periodical, in Lamont Library
266
00:15:52,076 --> 00:15:55,113
in the old periodical room.
There was...
267
00:15:55,705 --> 00:15:58,287
a man at the door and he said,
"You can't come in."
268
00:15:58,541 --> 00:16:00,577
"Well, why can't I come in?"
"Because you're a female."
269
00:16:01,169 --> 00:16:05,583
There was nothing I could say,
this was a university employee,
270
00:16:05,756 --> 00:16:08,042
you can't come into that room.
271
00:16:09,427 --> 00:16:11,668
Ruth: And then there was
the dean's famous dinner
272
00:16:11,846 --> 00:16:14,087
for the women in the first year
class.
273
00:16:14,682 --> 00:16:18,925
He asked each of us to stand up
and tell him what we were doing
274
00:16:19,103 --> 00:16:20,684
taking a seat...
275
00:16:21,397 --> 00:16:23,809
that could be occupied by a man.
276
00:16:25,193 --> 00:16:27,559
Ruth: There were
many indignities
277
00:16:27,737 --> 00:16:31,150
that one took as just part
of the scenery the way it was.
278
00:16:37,497 --> 00:16:38,907
When I got
to Harvard Law School
279
00:16:42,126 --> 00:16:44,617
"Oh my wife. She's going to be
on the Law Review."
280
00:16:44,795 --> 00:16:48,754
There was a woman in the class
ahead of mine and she said,
281
00:16:49,550 --> 00:16:51,165
"This husband of yours
is boasting
282
00:16:51,344 --> 00:16:53,005
that you're going to be
on the Law Review,
283
00:16:53,179 --> 00:16:54,669
you look like a little twerp!"
284
00:16:55,473 --> 00:16:58,260
To make the Law Review,
in those days you had to be
285
00:16:58,434 --> 00:17:04,225
in the top 25 academically,
of 530, 540.
286
00:17:05,066 --> 00:17:08,183
Her second year she makes
the Law Review.
287
00:17:08,444 --> 00:17:12,687
So the mere fact marked her
as something special.
288
00:17:14,200 --> 00:17:15,736
Ruth: It turned out,
289
00:17:15,910 --> 00:17:19,869
that I did very well
the first year and I attributed
290
00:17:20,373 --> 00:17:23,615
to having something
very important in my life
291
00:17:23,793 --> 00:17:25,283
that wasn't the law books.
292
00:17:28,673 --> 00:17:33,212
I came to Harvard as the mother
of a 14 month old child.
293
00:17:34,095 --> 00:17:36,131
I'd go to school...
294
00:17:36,931 --> 00:17:38,296
study as hard as I can,
295
00:17:38,474 --> 00:17:41,511
in a very concentrated way,
I didn't waste any time.
296
00:17:42,728 --> 00:17:45,595
Four o'clock in the afternoon
our babysitter left
297
00:17:46,023 --> 00:17:47,012
and that was...
298
00:17:47,858 --> 00:17:50,270
my child's hours
till she went...
299
00:17:51,320 --> 00:17:52,605
to sleep.
300
00:17:54,448 --> 00:17:57,861
Playing with my daughter
gave me a respite
301
00:17:58,035 --> 00:18:01,619
from the kind of work
I was doing at law school...
302
00:18:02,707 --> 00:18:05,369
and I think made me more sane.
303
00:18:09,088 --> 00:18:10,874
Miller: We knew that Marty
was ill.
304
00:18:11,841 --> 00:18:14,799
We just knew he had
his own battle
305
00:18:15,428 --> 00:18:19,546
and Ruth is now caring
for both Marty and Janey.
306
00:18:21,267 --> 00:18:23,758
Ruth: Marty in his third year
of law school
307
00:18:24,478 --> 00:18:26,093
had a virulent cancer
308
00:18:27,023 --> 00:18:30,015
in days when
there was no chemotherapy,
309
00:18:30,151 --> 00:18:32,187
there was only massive
radiation.
310
00:18:34,864 --> 00:18:38,948
He'd go for the radiation,
wake up about midnight
311
00:18:39,118 --> 00:18:44,238
when the only food that he ate
for the day he could manage.
312
00:18:46,083 --> 00:18:49,951
And then Istarted typing
the notes that his classmates
313
00:18:50,129 --> 00:18:51,960
had given me from his classes,
314
00:18:52,465 --> 00:18:56,378
reading whatever cases
I would read for the next day
315
00:18:56,552 --> 00:18:59,134
and maybe I got
two hours sleep.
316
00:19:00,431 --> 00:19:01,716
Totenberg: She did her own work,
317
00:19:01,891 --> 00:19:03,472
helped her husband
with his work,
318
00:19:03,643 --> 00:19:06,430
organized his friends so they
could help him with his work
319
00:19:06,604 --> 00:19:08,765
and took care
of her two year old child.
320
00:19:09,774 --> 00:19:11,765
Fortunately Marty lived...
321
00:19:12,068 --> 00:19:16,027
but it's when she learned
how to burn the candle at both ends.
322
00:19:32,797 --> 00:19:35,254
Jim Ginsberg: One of the memories
of my childhood would be
323
00:19:35,424 --> 00:19:36,834
waking up in the middle
of the night
324
00:19:36,967 --> 00:19:39,674
and there mom be spread out
over the dining room table
325
00:19:39,845 --> 00:19:45,260
with her legal pads, uh, and,
uh, the coffee in one hand,
326
00:19:45,476 --> 00:19:47,182
and the box of prunes
at the other.
327
00:19:47,603 --> 00:19:52,848
She will work until two, three,
four, five in the morning
328
00:19:53,025 --> 00:19:55,482
sometimes even, uh, later,
329
00:19:56,195 --> 00:19:58,481
then she will get up,
she has a sitting
330
00:19:58,614 --> 00:20:01,572
she would have to be
at the court before nine,
331
00:20:01,742 --> 00:20:03,698
and then she sleeps
the entire weekend.
332
00:20:05,037 --> 00:20:06,197
So she catches up.
333
00:20:06,414 --> 00:20:07,403
Uaughs)
334
00:20:09,041 --> 00:20:11,657
Lisa Frelinghuysen: The sweet thing
about working for a Justice
335
00:20:11,794 --> 00:20:13,125
who works extremely hard
336
00:20:13,295 --> 00:20:16,458
is that we saw Marty come
to chambers often...
337
00:20:17,133 --> 00:20:18,964
to lure her home.
338
00:20:20,052 --> 00:20:23,340
He would say, "Ruth, it's time
to come home for dinner. "
339
00:20:24,098 --> 00:20:27,261
She sometimes had to be
physically brought home.
340
00:20:30,187 --> 00:20:33,554
Miller: Marty graduated
from The Harvard Law School
341
00:20:33,733 --> 00:20:36,770
and was going to a firm
in New York.
342
00:20:37,319 --> 00:20:39,935
That was when Ruth finished
her second year,
343
00:20:40,823 --> 00:20:42,359
given Marty,
344
00:20:42,533 --> 00:20:45,570
given his recent illness,
they had to remain together,
345
00:20:45,745 --> 00:20:47,451
and the logical place
was New York
346
00:20:47,621 --> 00:20:49,361
and the best option
was Columbia.
347
00:20:52,001 --> 00:20:54,367
Ruth: When Igraduated
from Columbia Law School
348
00:20:54,545 --> 00:20:56,206
in 1959,
349
00:20:56,380 --> 00:21:00,339
not a law firm in the entire
city of New York
350
00:21:00,509 --> 00:21:01,794
would employ me.
351
00:21:03,179 --> 00:21:06,592
Miller: Four of us
from my class, Marty's class,
352
00:21:06,766 --> 00:21:08,347
went to the same law firm
353
00:21:08,517 --> 00:21:11,680
and two of us went
to the hiring partner
354
00:21:12,229 --> 00:21:13,560
and said...
355
00:21:14,023 --> 00:21:16,184
we had somebody
on the Harvard Law Review
356
00:21:16,358 --> 00:21:18,599
that we think is the cat's meow,
357
00:21:19,111 --> 00:21:21,602
we think this firm should hire
her.
358
00:21:22,698 --> 00:21:25,440
As soon as | used the "she"
pronoun...
359
00:21:26,994 --> 00:21:29,701
the senior partner looked at me
and says, "Young man...
360
00:21:30,331 --> 00:21:34,950
you don't seem to understand.
This firm doesn't hire women."
361
00:21:35,503 --> 00:21:37,915
She hadn't quite figured out,
362
00:21:38,255 --> 00:21:39,995
why it was that there were
these barriers.
363
00:21:40,174 --> 00:21:43,587
It wasn't until later
that this all came together
364
00:21:43,761 --> 00:21:46,002
- and became her life's work in,
- Yes.
365
00:21:46,347 --> 00:21:48,588
in fighting these injustices.
366
00:21:50,559 --> 00:21:53,471
Ruth: Being a woman
was an impediment.
367
00:21:57,983 --> 00:21:59,598
Feigen: We did not have
equal rights
368
00:21:59,777 --> 00:22:01,984
and equal recognition
in the law at all.
369
00:22:03,823 --> 00:22:07,407
Toten berg: There were not hundreds
but thousands of state
370
00:22:07,576 --> 00:22:11,569
and federal laws all over
this country that discriminated
371
00:22:11,747 --> 00:22:12,987
on the basis of gender.
372
00:22:13,165 --> 00:22:16,282
Typical laws of the time like,
373
00:22:16,836 --> 00:22:23,127
"The husband is the master
of the community.
374
00:22:23,592 --> 00:22:27,460
He shall choose where the family
will live
375
00:22:28,097 --> 00:22:31,715
and the woman is obliged
to follow him."
376
00:22:54,832 --> 00:22:57,574
There's no aspect
of American life
377
00:22:57,751 --> 00:22:59,912
in which you were not treated
differently.
378
00:23:00,087 --> 00:23:01,497
The idea was that...
379
00:23:02,423 --> 00:23:05,540
men were the breadwinners
that counted
380
00:23:06,051 --> 00:23:07,712
and women were...
381
00:23:08,387 --> 00:23:10,093
pin money earners.
382
00:23:11,056 --> 00:23:14,719
So women woke up and complained.
383
00:23:15,269 --> 00:23:19,262
(chanting)
384
00:23:21,817 --> 00:23:27,403
Jโ You're gonna rise
rise up singin' Jโ
385
00:23:31,702 --> 00:23:36,537
Jโ You're gonna
spread your wings I
386
00:23:37,499 --> 00:23:41,913
Jโ Child and take,
take to the sky Jโ
387
00:23:43,297 --> 00:23:46,630
Jโ Lord the sky Jโ
388
00:23:46,884 --> 00:23:51,253
There came to be such a mass
and a majority of women really
389
00:23:51,513 --> 00:23:56,678
who understood that they were
not crazy, the system was crazy.
390
00:23:56,977 --> 00:23:59,935
Gloria Steinem: Now, thanks
to the spirit of equality in the air,
391
00:24:00,105 --> 00:24:02,972
| no longer accept
society's judgment
392
00:24:03,442 --> 00:24:05,057
that my group is second class.
393
00:24:07,154 --> 00:24:09,486
Wendy Williams: But marching
and demonstrating
394
00:24:09,657 --> 00:24:11,193
just wasn't Ruth's thing.
395
00:24:11,825 --> 00:24:15,613
Her thing was to use the skills
she had and put them to work
396
00:24:16,038 --> 00:24:17,949
and those were her legal skills.
397
00:24:18,123 --> 00:24:22,412
In 1963, she started at Rutgers
as a law professor.
398
00:24:22,544 --> 00:24:24,705
And really inspired
by her students,
399
00:24:24,838 --> 00:24:26,669
she agreed to teach a course
400
00:24:26,840 --> 00:24:29,126
in this new subject of gender
and law.
401
00:24:29,301 --> 00:24:31,212
Ruth: In the late 60's,
402
00:24:31,804 --> 00:24:35,296
some of the students wanted
a course in Women and the Law.
403
00:24:36,100 --> 00:24:38,056
Williams: That's also when...
404
00:24:38,227 --> 00:24:42,095
she began dealing
with sex discrimination cases.
405
00:24:42,272 --> 00:24:46,106
And that was her entre
into becoming a litigator.
406
00:24:46,860 --> 00:24:50,148
Aryeh Neier: The emergence
of a women's rights movement
407
00:24:50,322 --> 00:24:54,611
had the possibility of playing
the role in the 19703
408
00:24:54,743 --> 00:24:57,780
that the black civil rights
movement had played
409
00:24:57,955 --> 00:24:59,365
in the 19605.
410
00:24:59,540 --> 00:25:03,829
And so I was particularly eager
to create a special project
411
00:25:04,044 --> 00:25:05,625
dealing with women's rights.
412
00:25:05,754 --> 00:25:09,588
I got a call from the ACLU
asking me if I would consider
413
00:25:09,758 --> 00:25:11,339
running the Women's Rights
Project
414
00:25:11,510 --> 00:25:13,671
with Professor Ruth Bader
Ginsburg.
415
00:25:13,804 --> 00:25:15,385
Whom I had heard
of but I did not know.
416
00:25:16,390 --> 00:25:18,472
I met Ruth the first day
Iwas there.
417
00:25:18,642 --> 00:25:23,557
She seemed very polite and quiet
and reserved. Not a firebrand.
418
00:25:24,064 --> 00:25:27,773
Neier: She wouldn't speak up
a great deal during meetings.
419
00:25:27,943 --> 00:25:30,730
She always addressed
whatever point there was.
420
00:25:30,863 --> 00:25:33,946
There wasn't any peripheral
element of it.
421
00:25:34,575 --> 00:25:36,361
- Betsy West: No small talk.
- No small talk.
422
00:25:36,994 --> 00:25:38,484
None that I can recall.
423
00:25:40,289 --> 00:25:42,029
Feigen: At that point in time,
424
00:25:42,207 --> 00:25:45,165
Ruth was developing
her philosophy to take cases
425
00:25:45,335 --> 00:25:46,825
that would make good law.
426
00:25:47,004 --> 00:25:50,417
If the case is going to be
on its way to the Supreme Court,
427
00:25:50,591 --> 00:25:53,128
we wanted to be involved
and we wanted to...
428
00:25:53,343 --> 00:25:54,799
Frankly, take over the case.
429
00:25:56,221 --> 00:25:57,711
Totenberg: She was following
in the footsteps
430
00:25:57,806 --> 00:26:00,548
of the great civil rights lawyer
Thurgood Marshall, who was
431
00:26:00,726 --> 00:26:03,638
the architect of the battle
for racial equality
432
00:26:03,812 --> 00:26:06,679
basing it on the clause
of the constitution
433
00:26:06,857 --> 00:26:09,439
that guarantees equal
protection of the law.
434
00:26:09,818 --> 00:26:13,936
She wanted it to apply
to equal protection for women.
435
00:26:15,449 --> 00:26:18,691
My first argument before
the U.S. Supreme Court
436
00:26:18,869 --> 00:26:21,360
was in Frontiero v. Richardson.
437
00:26:29,088 --> 00:26:33,422
Sharron Frontiero: Iwas,
way back in the 19703, a...
438
00:26:33,759 --> 00:26:35,340
second lieutenant
in the Air Force.
439
00:26:37,596 --> 00:26:41,214
I went in the military
because I needed the money.
440
00:26:41,850 --> 00:26:44,216
Air Force Ad: Who says a woman
has to settle for a routine job
441
00:26:44,436 --> 00:26:46,597
just because she's a woman?
Discover
442
00:26:46,688 --> 00:26:49,896
the United States Air Force
and you'll discover the world.
443
00:26:50,400 --> 00:26:53,233
Frontiero: I was newly out
of college, this was a new job,
444
00:26:53,403 --> 00:26:57,897
I had just married, so it was
the start of new everything.
445
00:27:00,911 --> 00:27:05,450
It became clear pretty quickly
that the men I was working with
446
00:27:05,624 --> 00:27:07,535
who were married got
a housing allowance
447
00:27:07,751 --> 00:27:10,288
and I wasn't getting paid
a housing allowance
448
00:27:10,462 --> 00:27:12,202
'cause I was a woman.
449
00:27:13,507 --> 00:27:15,293
Iassumed it was a mistake
450
00:27:15,968 --> 00:27:20,211
so I went off to the pay office
to correct the mistake.
451
00:27:21,098 --> 00:27:23,259
"You're lucky we let you
in here at all.
452
00:27:24,017 --> 00:27:28,010
You're lucky that the Air Force
allows you to serve,"
453
00:27:28,313 --> 00:27:30,770
was what I heard right off
the bat.
454
00:27:30,941 --> 00:27:33,227
It took me aback and then
I figured,
455
00:27:33,402 --> 00:27:37,771
well you know, here's one bigot,
so I'll just keep asking around
456
00:27:37,948 --> 00:27:40,109
and it became very clear
very quickly
457
00:27:40,284 --> 00:27:41,820
that there was no different
story.
458
00:27:43,036 --> 00:27:46,403
So we went to see a lawyer
and I still thought it was
459
00:27:46,582 --> 00:27:49,540
a matter of getting a lawyer
to write a letter for me.
460
00:27:49,710 --> 00:27:51,746
Just write a letter,
have the right information.
461
00:27:51,920 --> 00:27:54,787
I'm clearly in the same
category as these other men.
462
00:27:55,382 --> 00:27:56,838
The lawyer said to me,
463
00:27:57,009 --> 00:27:59,000
"This isn't
an administrative error.
464
00:27:59,178 --> 00:28:01,920
This is the law and it's going
to have to be rectified
465
00:28:02,097 --> 00:28:03,052
with a lawsuit
466
00:28:03,223 --> 00:28:05,009
and if you're willing,
we'll take you on."
467
00:28:05,976 --> 00:28:08,217
Feigen: Ruth and! heard
about it
468
00:28:08,520 --> 00:28:12,308
and immediately let the lawyer
for Sharron Frontiero
469
00:28:12,482 --> 00:28:13,813
know we were interested.
470
00:28:13,984 --> 00:28:16,771
It was very important to us
to have a part in that case.
471
00:28:17,863 --> 00:28:19,569
Frontiero: Nice girls
didn 't file lawsuits.
472
00:28:19,740 --> 00:28:23,904
Particularly after they had been let
into the service at all.
473
00:28:24,077 --> 00:28:25,442
You know, what more did I want?
474
00:28:25,621 --> 00:28:28,237
Well, ljust wanted to be
treated like everybody else did.
475
00:28:28,415 --> 00:28:30,997
But there was the sense
and there still is the sense,
476
00:28:31,168 --> 00:28:35,662
that nice girls don't speak up,
nice girls don't make demands.
477
00:28:37,382 --> 00:28:40,966
Ah well, too bad.
478
00:28:42,471 --> 00:28:45,178
It went to the district court
in Alabama.
479
00:28:45,349 --> 00:28:49,934
We lost and the next court
to go to was the Supreme Court.
480
00:28:50,520 --> 00:28:53,978
Feigen: Ruth and I set to work
to write the brief.
481
00:28:54,149 --> 00:28:56,686
I would write a section
and Ruth would take it
482
00:28:56,860 --> 00:29:00,648
and it would come back in
a wonderfully brilliant fashion.
483
00:29:01,240 --> 00:29:02,901
Every word of it
was carefully...
484
00:29:03,075 --> 00:29:05,612
Imean Ruth went over
every single word.
485
00:29:08,956 --> 00:29:12,073
What we wanted was
a review of cases
486
00:29:12,334 --> 00:29:15,497
that the court would say,
sex discrimination doesn't work.
487
00:29:16,004 --> 00:29:19,997
And it would be a broad command
basically to legislatures
488
00:29:20,175 --> 00:29:22,382
to get rid of statutes
that discriminate on the basis
489
00:29:22,552 --> 00:29:24,088
of... of gender.
490
00:29:25,472 --> 00:29:29,556
But she also added to make
the point much more poignant,
491
00:29:29,726 --> 00:29:31,967
the history of women
and the way we were treated
492
00:29:32,145 --> 00:29:34,761
throughout America
and its beginnings.
493
00:29:53,500 --> 00:29:56,207
She captured for the
male members of the court
494
00:30:13,729 --> 00:30:15,970
Williams: Frontiero went
to the court.
495
00:30:16,565 --> 00:30:18,476
Ruth Ginsburg,
for the first time,
496
00:30:18,692 --> 00:30:20,148
made an oral argument.
497
00:30:20,402 --> 00:30:22,609
She split her time
with the lawyer,
498
00:30:22,738 --> 00:30:25,525
the man who had begun the case
in Alabama.
499
00:30:29,119 --> 00:30:31,360
Ruth: It was an afternoon
argument.
500
00:30:32,122 --> 00:30:34,488
So I was first up
in the afternoon
501
00:30:34,666 --> 00:30:37,203
and I didn't dare have lunch
that day.
502
00:30:37,919 --> 00:30:39,125
Feigen: She seemed nervous.
503
00:30:39,379 --> 00:30:41,995
Her eyes were wide with sort
of anticipation.
504
00:30:47,346 --> 00:30:52,761
It's very intense and austere
and important
505
00:30:53,352 --> 00:30:54,216
and very male
506
00:30:54,311 --> 00:30:56,802
and it's the whole thing
feels like.
507
00:30:57,189 --> 00:30:59,555
l was... I was really kind
of scared.
508
00:31:01,318 --> 00:31:03,434
We sat down
at the counsel table
509
00:31:03,820 --> 00:31:06,311
and had all these
huge casebooks
510
00:31:06,490 --> 00:31:08,856
for me to help her with cites.
511
00:31:09,117 --> 00:31:11,950
And the Court began
with the "Oyez oyez,"
512
00:31:12,120 --> 00:31:14,406
and the "Here we are."
513
00:31:15,123 --> 00:31:18,832
Court Officer: Oyez oyez oyez.
514
00:31:19,002 --> 00:31:20,617
All persons having business
515
00:31:20,796 --> 00:31:22,502
before the Supreme Court
of the United States
516
00:31:22,672 --> 00:31:25,379
are admonished to draw near
and give their attention
517
00:31:25,592 --> 00:31:27,207
for the Court is now sitting.
518
00:31:27,386 --> 00:31:28,842
(gavel strikes)
519
00:31:30,013 --> 00:31:33,505
- Chief Justice: Mrs. Ginsburg.
- Ruth: I was terribly, terribly
520
00:31:33,683 --> 00:31:35,469
nervous but then Ilooked up
521
00:31:35,811 --> 00:31:37,426
at the Justices
522
00:31:38,230 --> 00:31:41,643
and I thought,
"I have a captive audience. "
523
00:31:42,317 --> 00:31:44,603
I knew that I was speaking
to men,
524
00:31:44,820 --> 00:31:46,902
who didn't think
there was any such thing
525
00:31:46,988 --> 00:31:49,320
as gender-based discrimination.
526
00:31:50,033 --> 00:31:53,821
And my job was to tell them
it really exists.
527
00:32:00,794 --> 00:32:03,410
Ruth:
528
00:32:51,094 --> 00:32:55,804
There was not a single question.
| just went on speaking
529
00:32:55,974 --> 00:32:58,010
and l, at the time...
530
00:32:59,186 --> 00:33:04,601
wondered, "Are they just
indulging me and not listening
531
00:33:05,567 --> 00:33:09,276
or am | telling them something
they haven't heard before
532
00:33:09,779 --> 00:33:11,315
and are they paying attention?"
533
00:33:13,825 --> 00:33:16,407
Feigen: The Justices were
just glued to her.
534
00:33:16,745 --> 00:33:18,155
I don't think they were
535
00:33:18,330 --> 00:33:21,288
expecting to have to deal
with something as powerful
536
00:33:21,458 --> 00:33:26,327
as a sheer force of her argument
that was just all encompassing
537
00:33:26,505 --> 00:33:28,245
and they were there to talk
about a little statute
538
00:33:28,423 --> 00:33:31,506
in the government code.
I mean, it was just th...
539
00:33:31,676 --> 00:33:35,214
We seized the moment
to change American society.
540
00:33:37,140 --> 00:33:39,131
Ruth: In asking the Court
to declare sex
541
00:33:39,309 --> 00:33:40,799
a suspect criterion...
542
00:33:42,270 --> 00:33:47,390
we urge a position forcibly
stated in 1837 by Sara Grimke,
543
00:33:47,901 --> 00:33:49,232
noted abolitionist
544
00:33:49,861 --> 00:33:52,193
and advocate of equal rights
for men and women.
545
00:33:52,989 --> 00:33:57,699
She said, "I ask no favor
for my sex.
546
00:33:58,495 --> 00:34:00,486
All | ask of our brethren
547
00:34:01,289 --> 00:34:04,827
is that they take their feet
off our necks."
548
00:34:11,091 --> 00:34:12,877
Frontiero: We were told
about the decision
549
00:34:13,093 --> 00:34:14,378
when a reporter called us up
550
00:34:14,511 --> 00:34:17,002
and said, "It went in your favor
today, how do you feel?"
551
00:34:18,056 --> 00:34:20,422
I said, "I feel fine,
thank you very much!"
552
00:34:20,600 --> 00:34:22,090
We were both happy
that we won the case.
553
00:34:22,269 --> 00:34:24,976
Let's be clear about it,
we won the case. But...
554
00:34:25,438 --> 00:34:28,555
we lost the standard of review
that we wanted by one vote.
555
00:34:29,818 --> 00:34:32,605
Williams: She tried to make
the case,
556
00:34:33,154 --> 00:34:34,940
that sex discrimination
should be treated
557
00:34:35,115 --> 00:34:36,446
like race discrimination.
558
00:34:37,158 --> 00:34:40,525
Fourjustices signed
onto that idea.
559
00:34:40,954 --> 00:34:42,740
The problem was you need five.
560
00:34:44,040 --> 00:34:45,075
Ruth: I said...
561
00:34:47,085 --> 00:34:48,200
It's too soon.
562
00:34:50,130 --> 00:34:52,462
My expectation, to be candid,
563
00:34:52,632 --> 00:34:55,590
was that I would repeat
that kind of argument...
564
00:34:57,762 --> 00:34:59,127
maybe half a dozen times.
565
00:35:00,015 --> 00:35:04,099
I didn't expect it to happen
in one fell swoop.
566
00:35:04,894 --> 00:35:08,432
I think generally
in our society, real change...
567
00:35:10,233 --> 00:35:13,475
enduring change,
happens one step at a time.
568
00:35:13,653 --> 00:35:17,145
The legal strategy of one step
at a time in the '705
569
00:35:17,324 --> 00:35:19,064
was a conservative strategy
570
00:35:19,242 --> 00:35:22,951
but the goal was equality
and civil rights
571
00:35:23,413 --> 00:35:26,780
and that's who she always was
and who she is now.
572
00:35:33,381 --> 00:35:37,624
Frelinghuysen: She is very
disciplined but she has passions
573
00:35:37,802 --> 00:35:39,713
that she really enjoys.
574
00:35:40,472 --> 00:35:41,962
She loves the opera.
575
00:35:44,976 --> 00:35:46,887
Spera: She goes to multiple
opera festivals
576
00:35:47,062 --> 00:35:49,098
and the whole family
will go with her.
577
00:35:50,106 --> 00:35:52,848
I think it is a place
of tranquility
578
00:35:53,026 --> 00:35:56,518
that is outside of the demands
of her job.
579
00:35:57,238 --> 00:36:02,949
(singing opera)
580
00:36:11,294 --> 00:36:14,286
Ruth: When lam at an opera...
581
00:36:14,881 --> 00:36:16,917
I get totally carried away.
582
00:36:17,676 --> 00:36:21,339
I don't think about the case
that's coming up next week,
583
00:36:21,513 --> 00:36:23,504
or the brief
that I'm in the middle of.
584
00:36:27,018 --> 00:36:31,261
I'm overwhelmed by the beauty
of the music, the drama.
585
00:36:32,399 --> 00:36:34,355
And the sound of human voice...
586
00:36:35,485 --> 00:36:38,227
it's like an electric current
going through me.
587
00:36:39,197 --> 00:36:42,781
(singing opera)
588
00:36:56,464 --> 00:37:01,333
Ruth: Justice and mercy,
they're all in opera.
589
00:37:01,511 --> 00:37:03,547
Very grand emotions.
590
00:37:13,898 --> 00:37:16,389
Ruth: A young man had
a tragic experience.
591
00:37:17,152 --> 00:37:20,440
His wife she'd had
an entirely healthy pregnancy,
592
00:37:20,613 --> 00:37:23,980
and he was told that he had
a healthy baby boy
593
00:37:24,159 --> 00:37:25,990
but his wife had died.
594
00:37:27,162 --> 00:37:29,744
Stephen Wiesenfeld:
The problem was amniotic embolism
595
00:37:29,914 --> 00:37:33,247
and at that particular point
nobody had ever survived that.
596
00:37:33,418 --> 00:37:35,409
They did keep her alive
for about four hours
597
00:37:36,171 --> 00:37:37,832
but by 3:30 in the afternoon,
598
00:37:38,006 --> 00:37:40,793
the Code Blue came along
and she died.
599
00:37:44,345 --> 00:37:46,802
Jason was a very easy child.
600
00:37:47,640 --> 00:37:50,427
My attitude towards raising
a child is that,
601
00:37:50,602 --> 00:37:53,810
a child is not there for me,
I'm there for him!
602
00:37:53,980 --> 00:37:55,595
And that's what my job was.
603
00:37:55,774 --> 00:37:57,685
Ruth: He determined that he was
going to be
604
00:37:57,859 --> 00:38:00,225
a care-giving parent
to that child.
605
00:38:01,196 --> 00:38:03,778
He went to the local
Social Security office
606
00:38:03,948 --> 00:38:06,860
and asked about the benefits
hethought"
607
00:38:08,036 --> 00:38:10,322
a sole surviving parent
could get.
608
00:38:11,080 --> 00:38:12,195
And he was told,
609
00:38:12,290 --> 00:38:14,326
"Well, that benefit is called
a mother's benefit,"
610
00:38:15,627 --> 00:38:17,037
and he didn't qualify.
611
00:38:18,630 --> 00:38:20,370
So, he wrote a letter
to the editor
612
00:38:20,548 --> 00:38:23,005
of his local newspaper.
And he said, "I have heard
613
00:38:23,176 --> 00:38:26,293
a lot about women's lib.
Let me tell you my story."
614
00:38:27,138 --> 00:38:29,129
Wiesenfeld: "To the Editor.
It has been my misfortune
615
00:38:29,307 --> 00:38:32,549
to discover that a male cannot
collect social security benefits
616
00:38:32,727 --> 00:38:33,933
as a woman can.
617
00:38:34,103 --> 00:38:36,139
Had I been paying
into the social security system
618
00:38:36,314 --> 00:38:39,272
and had I died, she would have
been able to receive a benefit.
619
00:38:39,484 --> 00:38:41,020
But male homemakers cannot.
620
00:38:41,402 --> 00:38:44,109
I wonder if Gloria Steinem knows
about this.
621
00:38:47,575 --> 00:38:52,535
Ruth took a case in which a man
was discriminated against
622
00:38:52,705 --> 00:38:54,241
in order to show...
623
00:38:54,791 --> 00:38:58,784
the depth and the importance
of sex discrimination.
624
00:38:59,838 --> 00:39:01,294
Very intelligent thing to do.
625
00:39:02,966 --> 00:39:06,550
Wiesenfeld: We appeared
in the U.S. Supreme Court in 1975.
626
00:39:08,263 --> 00:39:10,470
When we got to the courtroom,
she sat me down
627
00:39:10,640 --> 00:39:11,846
at the table with her,
628
00:39:12,475 --> 00:39:15,387
she just wanted a male presence
to be at that table
629
00:39:15,562 --> 00:39:18,269
so that the Justices would have
something to identify with.
630
00:39:18,690 --> 00:39:20,976
That was a part of her strategy.
631
00:39:21,150 --> 00:39:24,233
She was trying to convince
members of the Supreme Court
632
00:39:24,404 --> 00:39:29,239
who were mostly white, male,
privileged class at that time.
633
00:39:30,994 --> 00:39:34,657
Ruth:
634
00:39:48,720 --> 00:39:50,585
She knew exactly
what she was doing
635
00:39:50,763 --> 00:39:52,503
and it was a very shrewd
strategy.
636
00:39:54,601 --> 00:39:58,970
Ruth: That case resulted
in a unanimous judgment
637
00:39:59,147 --> 00:40:00,853
in Stephen Wiesenfeld's favor.
638
00:40:02,233 --> 00:40:04,440
His case was the perfect example
639
00:40:04,527 --> 00:40:09,317
of how gender-based
discrimination hurts everyone.
640
00:40:10,658 --> 00:40:13,741
Kathleen Peratis: Ruth's conception
of the strategy led
641
00:40:13,953 --> 00:40:16,990
to a whole string of litigation
for the next decade.
642
00:40:17,957 --> 00:40:23,077
Neier: She wanted to build
the idea of women's equality
643
00:40:23,254 --> 00:40:29,921
step by step to use each case
to move things forward.
644
00:40:30,094 --> 00:40:32,801
It was like knitting a sweater.
645
00:40:43,816 --> 00:40:46,558
Ruth:
646
00:41:00,917 --> 00:41:03,750
Ruth:
647
00:41:08,216 --> 00:41:10,923
Potter Stewart:
648
00:41:15,473 --> 00:41:17,304
Ruth:
649
00:41:17,475 --> 00:41:19,215
They didn't get it.
They didn't understand
650
00:41:19,394 --> 00:41:21,305
the issues that women
were facing
651
00:41:21,479 --> 00:41:24,346
or they didn't see them
asissues.
652
00:41:24,524 --> 00:41:27,391
'Cause women had, in their minds
women had a place
653
00:41:27,986 --> 00:41:29,192
and it wasn't...
654
00:41:30,071 --> 00:41:33,029
where Ruth Ginsburg was
suggesting that it ought to be.
655
00:41:33,574 --> 00:41:36,441
Ruth:
656
00:41:39,706 --> 00:41:42,072
William Rehnquist:
657
00:41:42,250 --> 00:41:45,913
- (chuckles)
- (people laughing)
658
00:41:46,254 --> 00:41:48,210
West: When they would say
things like this,
659
00:41:48,381 --> 00:41:50,292
how did you respond?
660
00:41:50,466 --> 00:41:53,629
Well, never in anger,
as my mother told me.
661
00:41:53,803 --> 00:41:56,260
That would've been
self-defeating.
662
00:41:56,431 --> 00:42:00,424
Always as an opportunity
to teach.
663
00:42:00,935 --> 00:42:03,472
I did see myself as kind
of a kindergarten teacher,
664
00:42:03,646 --> 00:42:06,012
in those days,
becausethejudges".
665
00:42:07,233 --> 00:42:10,316
didn't think sex...
sex discrimination existed.
666
00:42:11,696 --> 00:42:15,109
Well, one of the things I tried
to plant in their minds was...
667
00:42:15,908 --> 00:42:19,400
think about how you would like
the world to be
668
00:42:19,579 --> 00:42:21,410
for your daughters
and granddaughters.
669
00:42:22,040 --> 00:42:27,160
Ruth:
670
00:42:30,256 --> 00:42:33,840
One of the things that I'm
struck by, as I look back on it,
671
00:42:34,177 --> 00:42:37,965
is how unprepared the defendants
were to fight back.
672
00:42:38,139 --> 00:42:40,630
We won because the strategy was
brilliant,
673
00:42:40,808 --> 00:42:44,141
we won because we were smart
and prepared and we fought hard.
674
00:42:44,312 --> 00:42:47,770
You couldn't miss what Ruth
was doing during the '705.
675
00:42:47,940 --> 00:42:53,480
She was creating
a legal landscape.
676
00:43:01,829 --> 00:43:04,536
She was doing something
that was...
677
00:43:05,500 --> 00:43:07,081
incredibly important
678
00:43:07,251 --> 00:43:10,664
to American women whether
they knew it or not.
679
00:43:14,550 --> 00:43:17,508
Just the thought that I might
catch a glimpse of her is...
680
00:43:17,804 --> 00:43:18,668
overwhelming.
681
00:43:19,597 --> 00:43:21,713
l have a mug of her in my room
it says,
682
00:43:21,891 --> 00:43:23,677
- "Herstory in the making."
- l have her sticker
683
00:43:23,851 --> 00:43:26,388
- on my computer!
- | just ordered tons of merch.
684
00:43:26,562 --> 00:43:30,271
Notorious RBG. We're here to get
our books signed.
685
00:43:30,817 --> 00:43:33,433
Shana Knizhnik: I think it's easy
to take for granted
686
00:43:33,611 --> 00:43:38,856
the position that young women
can have in today's society.
687
00:43:39,033 --> 00:43:42,651
And that's a lot in thanks
to Justice Ginsburg's work.
688
00:43:44,580 --> 00:43:47,572
lrin Carmon: Who is more
disdained or told to go away
689
00:43:47,750 --> 00:43:48,739
than an older woman?
690
00:43:49,043 --> 00:43:51,955
But here's an older woman
who people really want to hear
691
00:43:52,130 --> 00:43:53,540
everything that she has to say.
692
00:43:55,508 --> 00:43:57,464
Aaron Saiger: l have been given
questions from the students
693
00:43:57,552 --> 00:44:00,464
about what it's like to be
Justice Ruth Bader Ginsburg.
694
00:44:00,596 --> 00:44:03,178
- Do you have a smartphone?
- (all laughing)
695
00:44:03,349 --> 00:44:06,182
Yes, the answer is yes.
696
00:44:06,352 --> 00:44:09,435
I had, in fact,
two until they took
697
00:44:09,564 --> 00:44:10,929
the Blackberry away from me
698
00:44:11,107 --> 00:44:13,018
saying, "Nobody uses that
anymore."
699
00:44:14,485 --> 00:44:17,397
Uh, what do I use it for?
Not for selfies.
700
00:44:17,905 --> 00:44:19,145
(all laughing)
701
00:44:20,449 --> 00:44:22,155
You have said in public
many times,
702
00:44:22,326 --> 00:44:24,863
that the ideal number of women
for the Supreme Court
703
00:44:25,037 --> 00:44:26,243
of the United States is nine.
704
00:44:26,414 --> 00:44:27,745
Yes, of course...
705
00:44:29,333 --> 00:44:30,743
- Saiger: Uh...
- why not?
706
00:44:30,918 --> 00:44:35,161
Nine men was a satisfactory
number until 1981.
707
00:44:35,840 --> 00:44:39,003
But the change in the
federal judiciary as a whole
708
00:44:39,218 --> 00:44:40,674
has been enormous.
709
00:44:41,512 --> 00:44:42,922
But It wasn't until...
710
00:44:43,389 --> 00:44:45,300
Jimmy Carter became president,
711
00:44:46,309 --> 00:44:48,800
he looked around
at the Federal Judiciary,
712
00:44:49,270 --> 00:44:52,137
and he said, "Don't they all
look like me?
713
00:44:53,274 --> 00:44:57,313
But that's not how the great
United States looks."
714
00:44:59,238 --> 00:45:02,025
Edwards: When President Carter
was elected, he said,
715
00:45:02,200 --> 00:45:04,612
"There are almost no women
and there are almost
716
00:45:04,785 --> 00:45:07,071
no African Americans
on the federal bench
717
00:45:07,163 --> 00:45:08,903
and I am determined
to change that. "
718
00:45:11,083 --> 00:45:15,747
Justice Ginsburg and l were two
of the people who benefitted
719
00:45:15,880 --> 00:45:16,835
from that promise.
720
00:45:19,175 --> 00:45:22,838
Ruth was nominated in 1980
and we became colleagues
721
00:45:23,012 --> 00:45:25,879
on the U.S. Court of Appeals
for the DC Circuit.
722
00:45:31,646 --> 00:45:36,231
The law is something
that I think I deal with well.
723
00:45:36,609 --> 00:45:37,724
Uh...
724
00:45:38,194 --> 00:45:41,357
I don't have the kind of talent
that could make one say
725
00:45:41,489 --> 00:45:43,650
a great opera singer.
726
00:45:43,991 --> 00:45:49,782
(opera singing)
727
00:45:52,959 --> 00:45:55,951
Ruth: Iwanted to be active
in the law.
728
00:45:57,546 --> 00:46:03,212
The law is a consuming, uh, love
for me.
729
00:46:04,887 --> 00:46:06,673
Edwards: When she first started
on the bench,
730
00:46:06,889 --> 00:46:10,177
after we hear cases we go
into a conference room
731
00:46:10,434 --> 00:46:13,676
and the three judges confer
and we think about
732
00:46:14,021 --> 00:46:15,386
how we should decide the cases.
733
00:46:16,482 --> 00:46:19,974
Ruth was sufficiently confident
in herself in the early days.
734
00:46:20,361 --> 00:46:22,773
She would say, "This is
a very straightforward case.
735
00:46:22,905 --> 00:46:25,567
l have a prepared judgment
for us" (laughs)
736
00:46:25,658 --> 00:46:29,025
and this was before we conferred
on the case and initially
737
00:46:29,203 --> 00:46:31,068
we were all taken aback like,
738
00:46:31,247 --> 00:46:32,953
"No wait, wait, Ruth you can't
do that."
739
00:46:33,749 --> 00:46:34,613
She was always right,
740
00:46:34,750 --> 00:46:36,911
the judgments that she had
prepared were right.
741
00:46:37,336 --> 00:46:40,294
But we said, "No, we have to go
(chuckles) through the motions
742
00:46:40,464 --> 00:46:44,002
of talking first before you give
us the result." (chuckles)
743
00:46:45,386 --> 00:46:48,594
Ruth: When I was appointed
to the DC Circuit,
744
00:46:48,764 --> 00:46:51,801
so often people would come up
to me and say, "It must be
745
00:46:51,976 --> 00:46:55,059
hard for you commuting back
and forth to New York."
746
00:46:55,396 --> 00:46:59,605
They couldn't imagine
that a man would leave his work
747
00:47:00,026 --> 00:47:02,233
to follow his... his wife.
748
00:47:03,404 --> 00:47:07,568
He... had been
extraordinarily successful
749
00:47:07,700 --> 00:47:10,066
as a practicing lawyer
in New York.
750
00:47:10,369 --> 00:47:12,109
There were people who would say,
751
00:47:12,288 --> 00:47:14,654
he was the best tax lawyer
in the city of New York
752
00:47:14,832 --> 00:47:17,369
and believe me that is saying
something.
753
00:47:17,543 --> 00:47:18,658
He was...
754
00:47:19,962 --> 00:47:21,918
okay playing second fiddle.
755
00:47:22,173 --> 00:47:25,085
In fact, he would make a joke
of it always, he would say,
756
00:47:25,468 --> 00:47:28,210
"I moved to Washington
because my wife got a good job."
757
00:47:28,721 --> 00:47:31,838
woman: How much advice
do you give each other?
758
00:47:32,600 --> 00:47:33,510
(Marty chuckles)
759
00:47:33,642 --> 00:47:36,304
(audience laughing)
760
00:47:38,397 --> 00:47:39,386
Well...
761
00:47:39,815 --> 00:47:41,021
(audience laughing)
762
00:47:41,317 --> 00:47:44,434
Marty was the funny one
in the family and she loved it
763
00:47:44,904 --> 00:47:48,021
and you could see the twinkle
in her eye when he would do
764
00:47:48,199 --> 00:47:49,780
his funny little quips
and jokes.
765
00:47:49,950 --> 00:47:51,065
As a general rule,
766
00:47:51,285 --> 00:47:54,823
my wife does not give me
any advice about cooking
767
00:47:54,997 --> 00:47:57,864
and I do not give her any advice
about the law.
768
00:47:58,042 --> 00:48:00,704
This seems to work quite well
on both sides.
769
00:48:00,920 --> 00:48:02,035
(audience laughing)
770
00:48:02,338 --> 00:48:06,126
My father was very outgoing,
very fun person,
771
00:48:06,217 --> 00:48:08,629
and I think he helped, uh,
772
00:48:09,011 --> 00:48:12,469
temper some of mom's seriousness
at times which I think was
773
00:48:12,932 --> 00:48:14,092
to everybody's benefit.
774
00:48:14,266 --> 00:48:16,257
We used to keep a book called
Mommy Laughed.
775
00:48:16,727 --> 00:48:19,469
Which had parsimonious entries.
776
00:48:19,563 --> 00:48:20,473
(Jim chuckles)
777
00:48:20,564 --> 00:48:22,350
You are giving me
constant advice.
778
00:48:22,483 --> 00:48:24,519
It's starts calling about, uh...
779
00:48:26,153 --> 00:48:30,522
7:00, it's time to come home
for dinner and then 7:30
780
00:48:30,699 --> 00:48:35,443
and somewhere between 7:30
and 9:00, we generally make it.
781
00:48:35,955 --> 00:48:38,162
And the other thing is time
for you to go to sleep.
782
00:48:39,208 --> 00:48:40,618
Those are the daily...
783
00:48:40,835 --> 00:48:44,327
um, that's the daily advice,
that I get.
784
00:48:44,505 --> 00:48:48,248
Well, it's not that bad advice
you have to eat one meal a day
785
00:48:48,426 --> 00:48:49,666
and you have to go to sleep
sometime.
786
00:48:49,844 --> 00:48:50,833
(audience laughing)
787
00:48:51,011 --> 00:48:56,051
Edwards: He allowed Ruth to be
who she was, that is,
788
00:48:56,225 --> 00:49:00,594
a relatively reserved,
serious person,
789
00:49:00,896 --> 00:49:04,388
who focused on her law work
and loved doing that.
790
00:49:04,775 --> 00:49:07,767
And the relationship was just
magnificent to watch.
791
00:49:08,529 --> 00:49:12,067
Ruth: And when Marty was
starting out in law practice
792
00:49:12,241 --> 00:49:13,822
and eager to make partner,
793
00:49:13,993 --> 00:49:16,075
I was responsible
for the lion's share
794
00:49:16,245 --> 00:49:17,985
of taking care of the home.
795
00:49:18,539 --> 00:49:22,077
But when the women's movement
came alive and Marty appreciated
796
00:49:22,251 --> 00:49:25,038
the importance of the work
I was doing,
797
00:49:25,212 --> 00:49:29,581
then Ibecame the person
whose career came first.
798
00:49:29,758 --> 00:49:31,214
West: What was she like
as a mom?
799
00:49:31,343 --> 00:49:32,298
Exigent.
800
00:49:32,386 --> 00:49:33,466
West: What do you mean by that?
801
00:49:34,013 --> 00:49:37,756
"Do your homework, clean
your room, don't disappoint us."
802
00:49:37,850 --> 00:49:38,885
(both chuckle)
803
00:49:41,812 --> 00:49:44,554
Jim: Helping a lot
with, uh, schoolwork,
804
00:49:44,940 --> 00:49:47,272
commenting, pulling out
the red pen.
805
00:49:48,068 --> 00:49:51,401
Marty Ginsberg: Our dear
daughter Jane, all smiles,
806
00:49:51,572 --> 00:49:53,858
volunteered to the press.
807
00:49:54,033 --> 00:49:58,618
She had grown up in a home
in which responsibility
808
00:49:58,787 --> 00:50:00,618
was equally divided.
809
00:50:00,789 --> 00:50:04,953
Her father did the cooking,
she explained, and her mother
810
00:50:05,127 --> 00:50:07,869
- did the thinking.
- (audience laughing)
811
00:50:09,173 --> 00:50:11,334
West: So is she really
such a horrible cook?
812
00:50:11,550 --> 00:50:12,915
- Yes.
- Jim: Oh yeah.
813
00:50:13,052 --> 00:50:14,883
To this day I still can't eat
swordfish...
814
00:50:15,054 --> 00:50:17,295
(chuckles)
after what she did to it.
815
00:50:18,057 --> 00:50:20,093
It wasn't until I was 14
that I encountered
816
00:50:20,267 --> 00:50:21,848
a live vegetable.
817
00:50:22,770 --> 00:50:25,352
Marty: Ruth is no longer
permitted in the kitchen...
818
00:50:25,481 --> 00:50:26,516
(audience laughing)
819
00:50:26,690 --> 00:50:30,148
...this by the demand
of our children, who have taste.
820
00:50:30,319 --> 00:50:34,904
(audience laughing
and applauding)
821
00:50:41,664 --> 00:50:47,409
This is a book that Tata,
he collected letters about me
822
00:50:47,503 --> 00:50:48,913
for my 50th birthday.
823
00:50:49,338 --> 00:50:51,795
- Tata organized a" this.
- It was his idea.
824
00:50:52,466 --> 00:50:54,627
Tata, my... her husband,
my grandfather,
825
00:50:54,718 --> 00:50:56,083
he was especially doting,
826
00:50:56,178 --> 00:50:59,295
so they almost had a bad cop,
good cop relationship,
827
00:50:59,640 --> 00:51:01,050
when it came to the grandkids.
828
00:51:01,767 --> 00:51:04,634
Tata was more often the good cop
I would say,
829
00:51:04,812 --> 00:51:07,724
uh, mostly because Bubbe
was often buried in her work
830
00:51:07,898 --> 00:51:09,263
so if we
really wanted something,
831
00:51:09,358 --> 00:51:12,100
we felt like we could nag Tata
more often for it.
832
00:51:13,112 --> 00:51:14,227
"Dear Ruth,
833
00:51:14,446 --> 00:51:17,688
I have little doubt
that you are proud, rightly so,
834
00:51:17,866 --> 00:51:20,027
of all you have achieved
as a judge
835
00:51:20,244 --> 00:51:22,610
and as a spouse
and a parent as well.
836
00:51:22,788 --> 00:51:24,779
But I conceive no way
you can take
837
00:51:24,957 --> 00:51:28,370
greater pride than I do.
Love, Tata."
838
00:51:28,544 --> 00:51:30,205
- Nice.
- Very nice.
839
00:51:32,047 --> 00:51:34,413
- Do you read these often?
- No, I never read them.
840
00:51:34,633 --> 00:51:36,464
You should they are very nice,
if you ever need a boost
841
00:51:36,635 --> 00:51:37,841
of self-confidence.
842
00:51:38,971 --> 00:51:42,088
So much of the shape of America
is a work of the U.S. Supreme Court
843
00:51:42,224 --> 00:51:45,716
and so the makeup of that Court
is one of the enduring legacies
844
00:51:45,894 --> 00:51:49,807
of a president who has an opportunity
to appoint justices. And tonight
845
00:51:49,898 --> 00:51:53,311
this new president has his first
chance to make it a Clinton Court.
846
00:51:53,485 --> 00:51:56,352
This president has a very clear
idea of what he wants
847
00:51:56,530 --> 00:51:57,736
in this Justice.
848
00:51:58,157 --> 00:52:01,194
Bill Clinton: Ireally did want
to put Governor Cuomo on the court,
849
00:52:01,952 --> 00:52:04,409
but he didn't want to do it
so I started looking around.
850
00:52:04,580 --> 00:52:08,368
He kept moving from his favorite
person of the week
851
00:52:08,542 --> 00:52:10,248
to the next favorite person
of the week
852
00:52:10,669 --> 00:52:15,129
and Judge Ginsburg was sort
of old to be a nominee.
853
00:52:15,299 --> 00:52:19,884
She was in her early 605.
Most people, I think, thought
854
00:52:20,095 --> 00:52:22,006
she was out of the running
for that reason
855
00:52:22,389 --> 00:52:24,630
and Marty was just not gonna
accept that.
856
00:52:25,225 --> 00:52:27,637
Miller: We're talking about Ruth
857
00:52:27,811 --> 00:52:30,473
and we must remember how shy
she was.
858
00:52:30,939 --> 00:52:36,479
I can't think of anyone
less likely to toot her own horn
859
00:52:37,279 --> 00:52:38,610
than Ruth.
860
00:52:40,199 --> 00:52:42,531
So Marty had to play
the New York Philharmonic.
861
00:52:42,826 --> 00:52:45,408
(classical music plays)
862
00:52:55,756 --> 00:52:57,121
Ruth: No question about it,
863
00:52:57,383 --> 00:52:59,669
people who observed
at the time, said,
864
00:52:59,843 --> 00:53:03,335
"Well, Ruth would have been
on a list, maybe she would be 22
865
00:53:03,514 --> 00:53:07,052
or 23 but it was Marty
who made her number one.
866
00:53:09,478 --> 00:53:13,972
He had a little book of people
that he contacted. They were...
867
00:53:16,276 --> 00:53:18,688
Totenberg: He had lots of contacts
in the business community,
868
00:53:19,363 --> 00:53:21,900
lots of contacts in the legal
community,
869
00:53:22,074 --> 00:53:25,658
in the academic community,
among the women she had helped.
870
00:53:25,994 --> 00:53:30,033
And he... I don't even know
all the things he did.
871
00:53:30,416 --> 00:53:34,455
He was so in love with his wife
and so respected her
872
00:53:34,837 --> 00:53:37,374
as a real giant
in the legal profession,
873
00:53:37,548 --> 00:53:38,708
he felt it would be an outrage
874
00:53:38,882 --> 00:53:40,838
if she wasn't seriously
considered.
875
00:53:41,176 --> 00:53:43,883
And look, he wasn't the only one
that was campaigning
876
00:53:44,012 --> 00:53:45,343
for somebody to be on the Court.
877
00:53:45,806 --> 00:53:47,717
He had
some pretty stiff opposition...
878
00:53:48,225 --> 00:53:51,012
but it was her interview
that did it.
879
00:53:54,690 --> 00:53:56,851
We arranged for her to come
to the White House.
880
00:53:57,025 --> 00:53:59,016
I wanted to see how her mind
worked.
881
00:53:59,194 --> 00:54:01,059
So I engaged her
in this conversation.
882
00:54:01,238 --> 00:54:03,775
And all of a sudden, I wasn't
the President interviewing her
883
00:54:03,949 --> 00:54:06,565
for the Supreme Court anymore,
we were two people having
884
00:54:06,744 --> 00:54:09,235
an honest discussion
about what's the best way
885
00:54:09,413 --> 00:54:13,031
in the moment and for the future
to make law.
886
00:54:13,751 --> 00:54:17,619
Totenberg: Ruth Ginsburg,
as quiet and kind of withdrawn
887
00:54:17,880 --> 00:54:21,793
and almost timid as she can be
she is a performer
888
00:54:22,176 --> 00:54:24,337
and she walked in that room
and he fell for her.
889
00:54:24,511 --> 00:54:26,968
Literally, within 15 minutes,
I decided
890
00:54:27,097 --> 00:54:28,132
l was going to name her.
891
00:54:28,474 --> 00:54:31,511
(people applauding)
892
00:54:32,811 --> 00:54:35,644
Clinton: I'm proud to nominate
this path-breaking attorney,
893
00:54:35,814 --> 00:54:39,432
advocate, and judge to be
the 107th Justice
894
00:54:39,610 --> 00:54:42,477
to the
United States Supreme Court.
895
00:54:49,703 --> 00:54:53,491
Ruth: When I was nominated
back in 1993,
896
00:54:53,582 --> 00:54:55,368
Senator Biden chaired
the committee.
897
00:54:56,335 --> 00:54:59,919
The leading Republican
member was Orrin Hatch.
898
00:55:00,088 --> 00:55:01,703
man: Do you have
any concerns right now?
899
00:55:02,007 --> 00:55:02,996
There are always concerns
900
00:55:03,175 --> 00:55:05,541
because these are very important
positions.
901
00:55:05,719 --> 00:55:07,801
And so there will be a lot
of questions asked.
902
00:55:13,435 --> 00:55:16,768
Day two of the Ruth Bader
Ginsburg confirmation hearings.
903
00:55:16,939 --> 00:55:18,520
Judge Ginsburg did something
904
00:55:18,690 --> 00:55:21,932
no recent High Court nominee
has done, spoke at length
905
00:55:22,110 --> 00:55:24,271
about her support
for abortion rights.
906
00:55:24,905 --> 00:55:29,069
It is essential
to women's equality with man...
907
00:55:30,118 --> 00:55:33,952
that her choice... that she be
the decision maker.
908
00:55:35,040 --> 00:55:38,578
This is something central
to a woman's...
909
00:55:39,378 --> 00:55:41,289
life, to her dignity.
910
00:55:41,880 --> 00:55:45,043
And when Government controls
that decision for her,
911
00:55:45,217 --> 00:55:49,051
she is being treated as less
than a fully adult...
912
00:55:49,721 --> 00:55:51,677
human responsible for...
913
00:55:52,724 --> 00:55:54,339
her own choices.
914
00:55:55,143 --> 00:55:57,885
She was put on the court
by a liberal president,
915
00:55:58,605 --> 00:56:01,187
uh, as a liberal justice.
916
00:56:02,150 --> 00:56:03,981
And that's the way this country
works.
917
00:56:04,736 --> 00:56:06,692
Orrin Hatch: I disagree with you
on a number of things,
918
00:56:06,864 --> 00:56:08,650
and I am sure you disagree
with me.
919
00:56:08,824 --> 00:56:10,189
But that isn't the issue, is it?
920
00:56:10,576 --> 00:56:13,659
And frankly, I admire you.
You've earned the right,
921
00:56:14,288 --> 00:56:16,119
in my opinion,
to be on the Supreme Court.
922
00:56:17,040 --> 00:56:18,746
She was confirmed 96-3.
923
00:56:18,917 --> 00:56:21,784
Now, you could argue that it was
not as partisan a time
924
00:56:21,962 --> 00:56:23,498
as it is now
but it was pretty partisan.
925
00:56:36,810 --> 00:56:38,801
News Anchor: Promising to defend
the Constitution,
926
00:56:38,979 --> 00:56:41,436
pioneering women's rights
advocate Ruth Bader Ginsburg
927
00:56:41,607 --> 00:56:43,438
has been sworn in as the second
woman,
928
00:56:43,609 --> 00:56:44,815
on the U.S.
Supreme Court bench.
929
00:56:45,319 --> 00:56:48,277
I will well and faithfully
discharge.
930
00:56:48,447 --> 00:56:55,865
The duties of the office
on which I am about to enter.
931
00:56:56,038 --> 00:56:58,495
- So help me God.
- So help me God.
932
00:57:00,083 --> 00:57:02,039
(people applauding)
933
00:57:02,544 --> 00:57:06,036
Peratis: It was extremely
exciting because this
934
00:57:06,214 --> 00:57:09,832
powerful little woman was going
on the Supreme Court,
935
00:57:10,052 --> 00:57:11,667
and that meant there were going
to be two.
936
00:57:23,982 --> 00:57:27,190
The standard robe is made
for a man,
937
00:57:27,361 --> 00:57:31,946
because it has a place for the
shirt to show and the tie.
938
00:57:32,491 --> 00:57:36,154
So Sandra Day O'Connor and I,
thought it would be appropriate
939
00:57:36,328 --> 00:57:39,912
if we included as part
of our robe,
940
00:57:40,082 --> 00:57:42,323
something typical of a woman.
941
00:57:44,419 --> 00:57:47,252
During my long tenure here,
I was not
942
00:57:47,422 --> 00:57:50,289
the most quote, liberal justice
on the court.
943
00:57:50,467 --> 00:57:53,209
From the beginning, I think
what she was looking for
944
00:57:53,387 --> 00:57:55,423
was to build consensus.
945
00:57:56,682 --> 00:57:58,547
Even though Chief Justice
Rehnquist
946
00:57:58,725 --> 00:58:01,512
and Sandra Day O'Connor were
conservative justices.
947
00:58:01,687 --> 00:58:04,394
They were still justices
with which,
948
00:58:04,564 --> 00:58:07,021
Ginsburg was able to find
common ground.
949
00:58:07,442 --> 00:58:08,602
That was her style.
950
00:58:09,152 --> 00:58:12,815
She really wanted to be able
to convince her fellow justices
951
00:58:12,990 --> 00:58:14,946
to move her
way even if it means
952
00:58:15,117 --> 00:58:17,574
conceding certain things
and compromising.
953
00:58:32,009 --> 00:58:35,046
To start out, I thought
you might like to know
954
00:58:35,262 --> 00:58:39,301
a little about the gentlemen
who are surrounding us.
955
00:58:40,308 --> 00:58:43,596
These are the first set
of Chief Justices
956
00:58:43,770 --> 00:58:44,976
of the Supreme Court.
957
00:58:45,689 --> 00:58:50,103
John Marshall is the 4th chief
justice and what he said was,
958
00:58:50,277 --> 00:58:52,142
that this Constitution
959
00:58:52,988 --> 00:58:55,104
is the highest law of the land.
960
00:58:55,782 --> 00:59:00,196
The 14th amendment has a clause
that you all should know about
961
00:59:01,163 --> 00:59:03,825
and I'll read it to you.
It says...
962
00:59:06,251 --> 00:59:10,085
"And nor shall any state deny
to any person
963
00:59:10,756 --> 00:59:14,089
the equal protection
of the laws."
964
00:59:15,010 --> 00:59:17,296
So if Congress passes a law
965
00:59:17,471 --> 00:59:20,713
or the president issues
an executive order
966
00:59:20,891 --> 00:59:23,303
that is in conflict
with the constitution,
967
00:59:24,269 --> 00:59:27,636
the constitution must prevail.
968
00:59:48,376 --> 00:59:52,039
Frelinghuysen:
VMI was a 150-year-old,
969
00:59:52,380 --> 00:59:54,837
all-male military college.
970
00:59:55,842 --> 00:59:59,505
It had a tremendous endowment,
well-connected alumni,
971
00:59:59,679 --> 01:00:00,885
four star generals.
972
01:00:00,972 --> 01:00:04,464
When you came out of VMI
that was something.
973
01:00:04,601 --> 01:00:06,307
Bryant Gumbel: Virginia Military
Institute was the last
974
01:00:06,436 --> 01:00:08,643
all-male state supported school
in the country.
975
01:00:08,730 --> 01:00:12,848
157 years of school tradition
as an all-male military academy.
976
01:00:13,151 --> 01:00:14,982
(cheering)
977
01:00:15,278 --> 01:00:18,395
Ted Olson: Boys can be troublesome,
full of hormones and so forth,
978
01:00:18,573 --> 01:00:22,031
and I don't mean to make general
gender characteristics
979
01:00:22,285 --> 01:00:25,368
or generalizations here
but for some young men,
980
01:00:25,497 --> 01:00:28,534
at that time of their life
they need discipline,
981
01:00:28,959 --> 01:00:31,166
they need hard work
and they need
982
01:00:31,336 --> 01:00:33,497
not a lot of extra time
to get into trouble.
983
01:00:33,922 --> 01:00:35,708
And VMI provided that.
984
01:00:35,882 --> 01:00:37,873
man: Look at the men
which stand before you!
985
01:00:38,051 --> 01:00:40,793
They represent the essence
of VMI!
986
01:00:42,180 --> 01:00:45,923
A female high school student
wanted to attend VMI.
987
01:00:46,101 --> 01:00:50,390
So she brought a case against
Virginia, claiming that
988
01:00:50,564 --> 01:00:53,271
the all-male admissions policy
violated equal protection.
989
01:00:54,526 --> 01:00:55,982
It actually went
from the District Court
990
01:00:56,153 --> 01:00:59,020
to the Appellate Court before
it came up to the Supreme Court.
991
01:00:59,489 --> 01:01:04,108
This was an extremely important
case for Justice Ginsburg.
992
01:01:04,286 --> 01:01:08,905
It was her first women's rights
case on the Supreme Court.
993
01:01:10,458 --> 01:01:12,289
Court Officer: The Honorable
Chief Justice
994
01:01:12,460 --> 01:01:15,076
and the Associate Justices
of the Supreme Court
995
01:01:15,213 --> 01:01:16,498
of the United States.
996
01:01:16,715 --> 01:01:17,625
(gavel strikes)
997
01:01:17,799 --> 01:01:21,087
Olson: Iwas very much aware
of Justice Ginsburg '3 history
998
01:01:21,261 --> 01:01:25,129
with respect to gender excluding
women from an institution.
999
01:01:25,307 --> 01:01:28,470
I was very much aware of that
and I was trying to fashion
1000
01:01:28,643 --> 01:01:31,885
an argument that would penetrate
that.
1001
01:01:32,856 --> 01:01:35,188
Olson:
1002
01:01:43,283 --> 01:01:46,696
Ruth:
1003
01:01:53,877 --> 01:01:56,789
Olson:
1004
01:02:01,551 --> 01:02:02,461
Ruth:
1005
01:02:02,636 --> 01:02:05,799
Olson:
1006
01:02:05,972 --> 01:02:11,968
l was dealing with a very
worthy and formidable force
1007
01:02:12,145 --> 01:02:13,760
at the other side of that bench.
1008
01:02:13,939 --> 01:02:18,228
Ruth:
1009
01:02:21,279 --> 01:02:23,691
Olson:
1010
01:02:27,410 --> 01:02:30,948
That was my pitch. As you know
it didn't work.
1011
01:02:33,208 --> 01:02:34,288
Chief Justice Rehnquist:
1012
01:02:39,172 --> 01:02:41,584
Ruth:
1013
01:03:03,530 --> 01:03:06,567
...to aspire, achieve,
1014
01:03:07,200 --> 01:03:11,318
participate in, and contribute
to society...
1015
01:03:12,330 --> 01:03:14,321
based on what they can do.
1016
01:03:15,417 --> 01:03:18,329
News Anchor: The for-men only
tradition of VMI became history
1017
01:03:18,503 --> 01:03:21,540
with the arrival of women
entering as first year cadets.
1018
01:03:21,631 --> 01:03:23,713
man: Cadre, take charge
of your rats.
1019
01:03:27,887 --> 01:03:29,798
Kelly Sullivan: Iwas in
the first class of women.
1020
01:03:30,849 --> 01:03:34,137
We were here not to break
tradition not to ruin history
1021
01:03:34,728 --> 01:03:36,093
but to help grow it.
1022
01:03:41,609 --> 01:03:44,316
For those four years I worked
extremely hard,
1023
01:03:44,487 --> 01:03:46,398
to be the best person
I could be
1024
01:03:46,781 --> 01:03:48,271
and to represent women
as a whole.
1025
01:03:48,450 --> 01:03:51,066
I wanted to be that person
that stood in front of the men
1026
01:03:51,244 --> 01:03:52,529
and said, "I can do it, too. "
1027
01:03:58,668 --> 01:03:59,953
General Peay:
It's most appropriate
1028
01:04:00,086 --> 01:04:01,075
that we welcome today
1029
01:04:01,171 --> 01:04:04,379
a member of our nation's highest
court, a notable example
1030
01:04:04,716 --> 01:04:08,379
of a citizen with a lifelong
dedication to public service,
1031
01:04:08,595 --> 01:04:10,756
- Justice Ruth Bader Ginsburg.
- (audience cheering)
1032
01:04:10,889 --> 01:04:12,095
- Thank you.
- General Peay: Welcome
1033
01:04:12,223 --> 01:04:14,179
to
the Virginia Military Institute.
1034
01:04:14,976 --> 01:04:17,638
VMI fought very hard to keep
women out.
1035
01:04:18,146 --> 01:04:21,263
Ihad an alumni walk up to me,
and he says,
1036
01:04:21,358 --> 01:04:23,223
"I'm not going to shake
your hand. I want to know
1037
01:04:23,401 --> 01:04:25,107
why you're here,
1038
01:04:25,570 --> 01:04:28,152
um, and why you
decided to ruin my school."
1039
01:04:28,948 --> 01:04:31,564
I know that there were some
people who did not...
1040
01:04:32,911 --> 01:04:37,245
react well to the change
and my response to this was,
1041
01:04:37,707 --> 01:04:41,791
"Wait and see, you will be proud
of the women
1042
01:04:42,087 --> 01:04:45,204
who become graduates of VMI."
1043
01:04:45,382 --> 01:04:47,839
(audience applauding)
1044
01:04:49,260 --> 01:04:53,094
It wasn't just about VMI,
it was about the notion
1045
01:04:53,264 --> 01:04:57,803
that you cannot exclude women
just because they're women.
1046
01:04:57,936 --> 01:05:01,770
You cannot say categorically,
"They can't handle this."
1047
01:05:02,357 --> 01:05:05,144
It's way beyond VMI,
way beyond.
1048
01:05:05,568 --> 01:05:09,152
And she pulled some
of the Justices of that court
1049
01:05:09,614 --> 01:05:15,530
over to see that you start,
you start with an assumption
1050
01:05:16,204 --> 01:05:20,072
that you have got to treat
both genders equally.
1051
01:05:21,126 --> 01:05:24,789
Feigen: That majority opinion,
was the culmination of Ruth's
1052
01:05:24,963 --> 01:05:28,251
dedication to the concept
of equality for women.
1053
01:05:30,802 --> 01:05:33,134
Ruth: Those are current cadets.
1054
01:05:36,266 --> 01:05:40,635
One wanted to be a nuclear
scientist, the others engineers.
1055
01:05:41,688 --> 01:05:44,555
All very well adjusted to life
at VMI.
1056
01:05:51,656 --> 01:05:53,396
So, you can see...
1057
01:05:54,659 --> 01:05:58,698
many varieties there are more up
on top.
1058
01:05:59,372 --> 01:06:01,363
This is the latest one
I've gotten.
1059
01:06:03,418 --> 01:06:04,908
West: So people just send them
to you?
1060
01:06:05,128 --> 01:06:06,163
Yes.
1061
01:06:08,840 --> 01:06:10,125
What's in this one?
1062
01:06:11,217 --> 01:06:15,256
Oh this one was given to me
by the University of Hawaii,
1063
01:06:15,430 --> 01:06:16,886
with French lace...
1064
01:06:18,141 --> 01:06:19,802
and the beads are
from the beach.
1065
01:06:22,812 --> 01:06:27,101
It is a gift from law clerks,
a few terms back.
1066
01:06:27,650 --> 01:06:29,515
And this is what I use...
1067
01:06:30,236 --> 01:06:32,818
for announcing majority opinion.
1068
01:06:33,448 --> 01:06:36,861
And this one is for dissenting
opinion.
1069
01:06:39,037 --> 01:06:40,743
(camera shutter clicking)
1070
01:06:43,625 --> 01:06:46,742
Ruth: Every day before we sit
in the Court,
1071
01:06:47,253 --> 01:06:49,619
the first thing we do is,
we go around the room
1072
01:06:50,006 --> 01:06:52,998
each Justice shaking hands
with every other.
1073
01:06:54,093 --> 01:06:57,005
We know that collegiality
is very important
1074
01:06:57,096 --> 01:06:59,712
to the effective working
of the court.
1075
01:07:00,266 --> 01:07:04,680
So we better respect each other
and even like each other.
1076
01:07:05,688 --> 01:07:07,224
She did something I'm not sure
I could have done,
1077
01:07:07,315 --> 01:07:09,351
she made real friendship
with Scalia.
1078
01:07:09,526 --> 01:07:13,189
Totenberg: They are the leading voice
of opposite points of views
1079
01:07:13,363 --> 01:07:15,024
on
the United States Supreme Court.
1080
01:07:15,114 --> 01:07:16,854
Why don't you call us,
the Odd Couple?
1081
01:07:16,950 --> 01:07:18,815
(audience laughing)
1082
01:07:19,786 --> 01:07:24,701
- He is a very funny fellow.
- She is a very nice person,
1083
01:07:24,791 --> 01:07:26,827
she likes opera, what's not
to like?
1084
01:07:28,378 --> 01:07:30,664
Except her views of
the law of course.
1085
01:07:30,838 --> 01:07:32,374
(audience laughing)
1086
01:07:33,508 --> 01:07:36,466
Helen Alvare: Justice Scalia believes
that one should read
1087
01:07:36,553 --> 01:07:39,590
the constitution according
to its plain language,
1088
01:07:39,889 --> 01:07:43,882
according to the meanings
that were ascribed, uh,
1089
01:07:44,143 --> 01:07:47,886
to those words when those words
were enacted.
1090
01:07:48,064 --> 01:07:50,225
But you're saying is,
let's try to figure out
1091
01:07:50,400 --> 01:07:53,767
the mindset of people back
200 years ago, right?
1092
01:07:53,945 --> 01:07:58,109
Well, it isn't the mindset,
it's what did the words mean
1093
01:07:58,283 --> 01:08:00,365
to the people who ratified
the Bill of Rights
1094
01:08:00,493 --> 01:08:02,108
or who ratified
the Constitution.
1095
01:08:02,287 --> 01:08:03,868
As opposed to what people today
think it meant?
1096
01:08:03,955 --> 01:08:06,367
As opposed to what people today
would like.
1097
01:08:06,583 --> 01:08:07,993
I see the constitution,
1098
01:08:08,543 --> 01:08:11,660
as striving for
a more perfect union.
1099
01:08:11,963 --> 01:08:15,376
Who were We the People in 1787?
1100
01:08:15,550 --> 01:08:17,757
You would not be among
We the People,
1101
01:08:17,927 --> 01:08:20,919
African Americans would not be
among the people.
1102
01:08:21,806 --> 01:08:23,967
Gene Scalia: She's this
supposed famous liberal,
1103
01:08:24,267 --> 01:08:26,132
he's this supposed famous
conservative.
1104
01:08:26,311 --> 01:08:29,428
She's a Jewish, he's, uh,
Catholic.
1105
01:08:30,023 --> 01:08:33,561
She's retiring at times,
and he almost never is.
1106
01:08:33,985 --> 01:08:38,149
And yet as with many great
friendships there's chemistry
1107
01:08:38,323 --> 01:08:40,314
that maybe you can't entirely
explain.
1108
01:08:40,658 --> 01:08:43,900
That's thing about Ruth
is that she can compartmentalize
1109
01:08:44,078 --> 01:08:47,070
better than I do. She is able
to have a close friend
1110
01:08:47,248 --> 01:08:50,160
who had these outrageous views,
um,
1111
01:08:50,335 --> 01:08:52,951
about women and about gays
and lesbians.
1112
01:08:53,588 --> 01:08:54,953
I have a little bit of trouble
with that.
1113
01:08:55,131 --> 01:08:57,543
I don't have close friends
who are right wing nutcases.
1114
01:08:57,717 --> 01:08:59,582
Even though they had
differing points of view,
1115
01:08:59,761 --> 01:09:02,093
they were dear friends.
I'm sure they were...
1116
01:09:02,513 --> 01:09:04,253
pecking at each other
the whole time.
1117
01:09:04,432 --> 01:09:05,842
But they kind of enjoyed it.
1118
01:09:06,643 --> 01:09:09,350
Ruth: Justice Scalia would
whisper something to me.
1119
01:09:09,520 --> 01:09:12,728
All I could do to avoid
laughing out loud,
1120
01:09:12,899 --> 01:09:14,605
so I would sometimes pinch
myself.
1121
01:09:15,360 --> 01:09:16,850
People sometimes ask me,
1122
01:09:17,028 --> 01:09:19,485
"Well, what was your favorite
Scalia joke?" And I said,
1123
01:09:19,656 --> 01:09:21,521
"I know what it is,
but I can't tell you."
1124
01:09:21,699 --> 01:09:22,688
(audience laughing)
1125
01:09:23,034 --> 01:09:24,649
They enjoyed going to the operas
together,
1126
01:09:24,786 --> 01:09:27,368
and they enjoyed discussing
particular operas
1127
01:09:27,914 --> 01:09:30,747
and of course, they appeared
together in an opera.
1128
01:09:32,835 --> 01:09:35,417
Totenberg: What's the most fun thing
you've ever done together?
1129
01:09:35,630 --> 01:09:37,962
Was it being on that elephant
together in India?
1130
01:09:38,132 --> 01:09:40,794
Ruth: That was a rather
bumpy ride.
1131
01:09:41,260 --> 01:09:44,627
Antonin Scalia: Some of her feminist
friends gave her a hard time
1132
01:09:44,806 --> 01:09:46,967
because she rode behind me
on the elephant.
1133
01:09:47,100 --> 01:09:48,055
(all laughing)
1134
01:09:48,267 --> 01:09:49,723
- And that's wha...
- I'm not kidding.
1135
01:09:49,894 --> 01:09:53,386
It... it was... the driver
explained it was a matter
1136
01:09:53,564 --> 01:09:55,100
of distribution of weight.
1137
01:09:55,274 --> 01:09:56,263
(audience laughing)
1138
01:09:57,318 --> 01:09:59,684
Washington has a reputation
as being a hard town
1139
01:09:59,862 --> 01:10:01,022
to make good friendships.
1140
01:10:01,197 --> 01:10:04,155
And the Supreme Court itself
is a place where your colleagues
1141
01:10:04,325 --> 01:10:06,441
on any given case are also
your adversaries.
1142
01:10:07,036 --> 01:10:09,823
It was very gratifying to see
the two of them together
1143
01:10:09,997 --> 01:10:11,783
and know that they had
their disagreements
1144
01:10:11,958 --> 01:10:14,700
but that my father had
this just really wonderful friend.
1145
01:10:16,879 --> 01:10:18,790
Peter Jennings: The presidential
election is over.
1146
01:10:18,965 --> 01:10:22,207
George Bush prevails by one
vote in the Supreme Court.
1147
01:10:23,970 --> 01:10:25,881
George, this effectively ends
the election.
1148
01:10:26,013 --> 01:10:27,503
It has ended the election
and Peter, literally
1149
01:10:27,682 --> 01:10:29,843
one of the closest elections
in American history.
1150
01:10:30,268 --> 01:10:33,510
600 votes approximately
separated Gore and Bush
1151
01:10:33,688 --> 01:10:35,770
in the state of Florida,
and now by one vote
1152
01:10:35,940 --> 01:10:38,306
on the Supreme Court,
this election is over.
1153
01:10:38,651 --> 01:10:41,017
Look at the dissents
and the strong language
1154
01:10:41,195 --> 01:10:42,605
in the dissents.
Justice Ginsburg,
1155
01:10:42,780 --> 01:10:44,020
"The Court's conclusion
1156
01:10:44,198 --> 01:10:46,154
that a recount is impractical,
is a prophecy
1157
01:10:46,325 --> 01:10:49,283
the Court's own judgment
will not allow to be tested.
1158
01:10:49,454 --> 01:10:50,944
Such an untested prophecy..."
1159
01:10:51,414 --> 01:10:54,372
...should not decide
the presidency
1160
01:10:54,542 --> 01:10:56,248
of the United States.
1161
01:10:57,086 --> 01:10:58,166
I dissent.
1162
01:11:00,882 --> 01:11:03,214
Carmon: She was never supposed
to be the great dissenter
1163
01:11:03,384 --> 01:11:06,217
but that's the course
that history took her on.
1164
01:11:08,264 --> 01:11:11,927
George W. Bush was able
to appoint two Justices.
1165
01:11:12,977 --> 01:11:16,686
The addition of Samuel Alito
and John Roberts on the Court
1166
01:11:17,273 --> 01:11:18,763
pushed it far to the right.
1167
01:11:19,734 --> 01:11:22,350
Frelinghuysen: The role of an
individual Justice
1168
01:11:22,570 --> 01:11:25,858
can change dramatically
as the court changes.
1169
01:11:26,199 --> 01:11:28,986
With the departure
of Justice O'Connor
1170
01:11:29,494 --> 01:11:33,453
and with more conservatives
joining the bench.
1171
01:11:33,623 --> 01:11:37,832
She found she had to really
exercise her dissenting voice.
1172
01:11:40,671 --> 01:11:43,162
Ruth: Of course I prefer to be
in the majority
1173
01:11:43,633 --> 01:11:45,214
but if necessary...
1174
01:11:46,427 --> 01:11:49,760
I will write separately
in dissent.
1175
01:11:56,062 --> 01:11:57,472
Lilly Ledbetter:
I went to work one night
1176
01:11:57,605 --> 01:11:59,436
and someone had left me a note.
1177
01:11:59,774 --> 01:12:05,110
It had my name and three men.
We four had the exact same job.
1178
01:12:06,072 --> 01:12:09,189
My pay was 40 percent less
than theirs.
1179
01:12:09,575 --> 01:12:12,317
I had been shortchanged
for no other reason
1180
01:12:12,495 --> 01:12:16,363
than I had been born
the wrong sex, l was a woman.
1181
01:12:17,542 --> 01:12:20,500
The jury found that I had been
discriminated against
1182
01:12:20,670 --> 01:12:23,707
but of course, Goodyear appealed
and then we were notified
1183
01:12:23,881 --> 01:12:26,463
that we would be heard
in the Supreme Court.
1184
01:12:28,511 --> 01:12:30,376
Ilooked at the court makeup,
1185
01:12:30,555 --> 01:12:34,218
that's when Justice Alito
had just gone on the bench.
1186
01:12:34,392 --> 01:12:38,226
Justice Ginsburg at the time
was the only female left.
1187
01:12:38,396 --> 01:12:42,639
Justice Alito read the opinion,
he said, "I was definitely
1188
01:12:42,817 --> 01:12:47,686
discriminated against but I had
not filed my charge timely,
1189
01:12:47,864 --> 01:12:50,651
that I'd waited too late
to file my charge."
1190
01:12:52,827 --> 01:12:54,192
Justice Alito:
1191
01:12:55,872 --> 01:12:58,989
Ruth:
1192
01:13:25,443 --> 01:13:28,560
She's hit the nail on the head
because she definitely said,
1193
01:13:28,738 --> 01:13:31,901
"They do not know what it's like
in the real world."
1194
01:13:32,617 --> 01:13:35,984
Ruth: Today, the ball again lies
in Congress' court...
1195
01:13:36,621 --> 01:13:40,705
"...to correct the error into
which the Court has fallen."
1196
01:13:41,334 --> 01:13:44,701
She was laying down a marker
for Congress and in fact
1197
01:13:44,879 --> 01:13:47,621
federal law was changed
because of her dissent.
1198
01:13:47,798 --> 01:13:50,710
Three fifths of the Senators
having voted in the affirmative,
1199
01:13:51,177 --> 01:13:52,257
the bill has passed.
1200
01:13:57,475 --> 01:14:02,640
Barack Obama: It is fitting that
the very first bill that | sign,
1201
01:14:03,147 --> 01:14:07,766
the Lilly Ledbetter Fair Pay
Restoration Act is upholding
1202
01:14:07,944 --> 01:14:10,651
one of this nation's
founding principles...
1203
01:14:11,530 --> 01:14:13,361
that we are all created equal...
1204
01:14:13,991 --> 01:14:16,448
and each deserve a chance
to pursue
1205
01:14:16,744 --> 01:14:18,609
our own version of happiness.
1206
01:14:18,788 --> 01:14:21,825
(people applauding)
1207
01:14:29,548 --> 01:14:31,630
Marty: Ruth and I were
in New York City
1208
01:14:31,801 --> 01:14:33,666
to see the play Proof.
1209
01:14:34,053 --> 01:14:37,136
And as we walked down the aisle
to our seats,
1210
01:14:37,306 --> 01:14:41,720
what seemed like the entire
audience began to applaud,
1211
01:14:42,019 --> 01:14:44,852
many stood, Ruth beamed.
1212
01:14:45,690 --> 01:14:49,274
I beamed too, leaned over
1213
01:14:49,443 --> 01:14:53,186
and whispered loudly, "I bet
you didn't know
1214
01:14:53,364 --> 01:14:56,071
there's a convention
of tax lawyers in town."
1215
01:14:56,200 --> 01:14:57,440
(audience laughing)
1216
01:14:58,452 --> 01:15:01,910
Well, without changing
her bright smile,
1217
01:15:02,081 --> 01:15:04,288
Ruth smacked me right
in the stomach.
1218
01:15:05,501 --> 01:15:09,710
Igive you this picture
because it fairly captures
1219
01:15:09,880 --> 01:15:13,168
our nearly 50-year
happy marriage.
1220
01:15:13,342 --> 01:15:17,301
During which I've offered up
an astonishing number of foolish
1221
01:15:17,471 --> 01:15:21,305
pronouncements and Ruth has
ignored almost every one.
1222
01:15:21,559 --> 01:15:23,470
(audience laughing)
1223
01:15:28,024 --> 01:15:29,230
Well, I think part of the time
1224
01:15:29,442 --> 01:15:31,228
when he was sick,
she was in denial.
1225
01:15:32,194 --> 01:15:34,810
He just became weaker
and weaker.
1226
01:15:35,239 --> 01:15:39,608
The way people get sick when
they're close to dying, but...
1227
01:15:41,328 --> 01:15:46,038
she somehow knew how to turn off
those tear ducts in public.
1228
01:15:46,876 --> 01:15:48,662
She steeled herself for it.
1229
01:15:50,546 --> 01:15:53,413
Ruth: Ifound this letter...
1230
01:15:54,133 --> 01:15:56,624
next to Marty's bed
in the hospital.
1231
01:15:57,595 --> 01:15:58,960
"My dearest Ruth,
1232
01:16:00,014 --> 01:16:03,427
you are the only person
Ihave loved in my life,
1233
01:16:04,143 --> 01:16:07,806
setting aside a bit parents
and kids and their kids.
1234
01:16:09,106 --> 01:16:12,394
What a treat it has been
to watch you progress
1235
01:16:12,735 --> 01:16:15,101
to the very top
of the legal world.
1236
01:16:16,572 --> 01:16:19,814
Ihave admired and loved you
almost since the day
1237
01:16:19,992 --> 01:16:23,780
we first met at Cornell,
some 56 years ago.
1238
01:16:26,582 --> 01:16:29,449
The time has come for me
to take leave of life...
1239
01:16:30,252 --> 01:16:32,163
because the loss of quality...
1240
01:16:32,963 --> 01:16:35,955
now simply overwhelms.
1241
01:16:37,551 --> 01:16:40,509
Ihope you will support
where I come out...
1242
01:16:41,680 --> 01:16:43,921
and I understand you may not.
1243
01:16:46,227 --> 01:16:47,967
I will not love you...
1244
01:16:49,438 --> 01:16:50,974
a jot less. "
1245
01:16:54,944 --> 01:16:58,232
Marty: We met on a blind date
in 1950.
1246
01:16:59,115 --> 01:17:03,233
The truth is it was a blind
date only on Ruth's side.
1247
01:17:03,410 --> 01:17:05,401
- (Marty chuckling)
- (audience laughing)
1248
01:17:05,704 --> 01:17:08,116
- Marty: Icheated. (laughing)
- (audience laughing)
1249
01:17:08,749 --> 01:17:13,288
Marty: Iasked a classmate
to point her out in advance.
1250
01:17:13,712 --> 01:17:17,546
"Oh, ho, she's really cute, "
I perceptively noticed.
1251
01:17:18,467 --> 01:17:22,335
And then after a couple
of evenings out, I, uh, added,
1252
01:17:22,513 --> 01:17:25,926
"And boy she's really,
really smart."
1253
01:17:26,350 --> 01:17:30,468
In the intervening 53 years,
nothing changed.
1254
01:17:39,113 --> 01:17:40,228
Where are we headed?
1255
01:17:40,406 --> 01:17:42,237
We're headed
to these outdoor sculptures,
1256
01:17:42,741 --> 01:17:44,572
and all the sculptures are done
by contemporary
1257
01:17:46,412 --> 01:17:50,371
Spera: After a period
of very justified mourning,
1258
01:17:50,666 --> 01:17:53,533
she sort of relaunched herself,
into her work
1259
01:17:53,752 --> 01:17:56,243
and filled the time
that she would have spent
1260
01:17:56,422 --> 01:18:00,085
with my grandfather, with work
both to distract herself I think
1261
01:18:00,259 --> 01:18:03,376
from his absence but also
to honor him.
1262
01:18:03,637 --> 01:18:06,629
woman: This is her son, James,
and this is her grandson...
1263
01:18:08,184 --> 01:18:09,424
Toten berg: Marty was her life.
1264
01:18:09,894 --> 01:18:12,306
And her children
and grandchildren who
1265
01:18:12,605 --> 01:18:14,266
have a life of their own.
1266
01:18:14,815 --> 01:18:16,976
She's very much interested
in arts
1267
01:18:17,151 --> 01:18:18,516
and loves to go
to those things.
1268
01:18:18,986 --> 01:18:21,773
And then she goes home
at the end of the evening
1269
01:18:21,947 --> 01:18:23,312
and works until four
in the morning.
1270
01:18:23,699 --> 01:18:27,066
These two pieces here
are by a Creek artist.
1271
01:18:27,536 --> 01:18:29,447
Ruth: And what is she called,
that one?
1272
01:18:29,622 --> 01:18:30,987
Tour guide: She's called
a woman warrior.
1273
01:18:31,081 --> 01:18:34,573
Any kind of battle you bring
to her, she's ready for it.
1274
01:18:38,631 --> 01:18:41,043
It's considered one of the most
important pieces
1275
01:18:41,217 --> 01:18:43,674
of civil rights legislation
ever passed,
1276
01:18:43,844 --> 01:18:46,551
but by 5-4
the U.S. Supreme Court today,
1277
01:18:46,722 --> 01:18:49,680
took the teeth out of a law
enacted nearly 50 years ago.
1278
01:18:50,059 --> 01:18:53,142
Reporter: Voting rights act has
policed voting discrimination
1279
01:18:53,312 --> 01:18:56,554
but today's decision
effectively puts it on hold.
1280
01:18:56,732 --> 01:18:58,222
Reporter 2: Chief Justice,
John Roberts,
1281
01:18:58,400 --> 01:19:01,563
summarized his opinion
with four telling words,
1282
01:19:01,737 --> 01:19:04,149
"Our country has changed."
1283
01:19:04,323 --> 01:19:06,860
John Roberts:
1284
01:19:07,034 --> 01:19:10,947
Ruth:
1285
01:19:13,040 --> 01:19:15,622
"...is like throwing away
your umbrella...
1286
01:19:16,752 --> 01:19:18,083
in a rainstorm...
1287
01:19:18,629 --> 01:19:20,165
because you are not getting
wet."
1288
01:19:21,048 --> 01:19:25,587
She called out the majority
and said this makes zero sense.
1289
01:19:26,095 --> 01:19:30,680
The entire reason that racial
discrimination in voting
1290
01:19:30,849 --> 01:19:35,183
is not happening is because
we have this very important law.
1291
01:19:35,354 --> 01:19:39,142
I was righteously angry
right alongside with her.
1292
01:19:39,316 --> 01:19:42,979
Her dissent was the introduction
for many young people
1293
01:19:43,153 --> 01:19:45,690
about how important the court is
to our everyday lives.
1294
01:19:46,365 --> 01:19:48,105
I just pulled up Photoshop
and did the design
1295
01:19:48,284 --> 01:19:49,273
in like 15 minutes.
1296
01:19:49,451 --> 01:19:50,987
Amina Sow: Icame up
with a couple slogans
1297
01:19:51,120 --> 01:19:52,951
but the one that kept coming
back to me was,
1298
01:19:53,330 --> 01:19:55,116
"You Can't Spell Truth
without Ruth."
1299
01:19:57,418 --> 01:19:59,204
Knizhnik: A friend of mine
posted on Facebook saying,
1300
01:19:59,378 --> 01:20:02,996
"Wow! Justice Ginsburg,
sure can write. #NotoriousRBG."
1301
01:20:03,507 --> 01:20:06,999
So Istarted a Tumblr
and I called it Notorious RBG.
1302
01:20:07,761 --> 01:20:09,877
Notre Dame: She is known to fans
the world over as,
1303
01:20:10,055 --> 01:20:12,046
The Notorious RBG.
1304
01:20:14,226 --> 01:20:16,717
Biggie Smalls: This album
is dedicated to all the teachers
1305
01:20:16,895 --> 01:20:18,260
that told me I'd never amount
to nothing.
1306
01:20:18,439 --> 01:20:22,603
I do know where
the Notorious RBG came from.
1307
01:20:23,360 --> 01:20:28,696
It... it was the rapper
the Notorious B.I.G.
1308
01:20:28,991 --> 01:20:31,482
Jโ Remember Rappin' Duke
Duh-ha, duh-ha Jโ
1309
01:20:31,660 --> 01:20:33,821
Jโ You never thought that hip hop
would take it this far Jโ
1310
01:20:33,996 --> 01:20:38,410
People ask me, "Don't you feel
uncomfortable being
1311
01:20:38,917 --> 01:20:42,284
with a name
like Notorious B.|.G?"
1312
01:20:42,463 --> 01:20:43,327
(audience laughing)
1313
01:20:43,505 --> 01:20:46,497
Um... why should I feel
uncomfortable?
1314
01:20:46,800 --> 01:20:48,461
We have a lot in common.
1315
01:20:48,635 --> 01:20:52,844
(audience laughing
and applauding)
1316
01:20:53,891 --> 01:20:55,597
First and foremost...
1317
01:20:56,352 --> 01:20:59,435
we were both born and bred
in Brooklyn, New York.
1318
01:21:01,440 --> 01:21:03,431
Sow: Young people are really
craving
1319
01:21:03,609 --> 01:21:04,940
different kinds of icons.
1320
01:21:05,110 --> 01:21:07,317
Realizing that somebody
like RBG
1321
01:21:07,488 --> 01:21:09,729
has been doing herjob
for decades
1322
01:21:10,282 --> 01:21:12,694
and being forceful
and speaking truth to power
1323
01:21:12,868 --> 01:21:14,278
kind of blows my mind.
1324
01:21:15,037 --> 01:21:16,368
Don Lemon: A big win
for conservatives
1325
01:21:16,705 --> 01:21:18,286
in the Hobby Lobby case.
1326
01:21:24,171 --> 01:21:26,628
Roberts: Justice Ginsburg
has filed a dissenting opinion.
1327
01:21:26,799 --> 01:21:29,506
Ruth:
1328
01:21:38,685 --> 01:21:42,269
We were all so hungry to hear
from Ruth Bader Ginsburg.
1329
01:21:42,439 --> 01:21:44,179
Every time Justice Ginsburg
wrote a dissent,
1330
01:21:44,358 --> 01:21:45,518
the internet would explode.
1331
01:21:45,692 --> 01:21:47,774
man 1: Justice Ginsburg
has filed a dissenting opinion.
1332
01:21:47,945 --> 01:21:49,981
man 2: Justice Ginsburg has
filed a dissenting opinion.
1333
01:21:50,155 --> 01:21:52,191
Ruth: My dissenting opinion.
I dissent.
1334
01:21:52,366 --> 01:21:54,197
Dissent from today's decision.
1335
01:21:54,368 --> 01:21:56,324
Carmon: You just had to put
the words Ruth Bader Ginsburg
1336
01:21:56,495 --> 01:21:59,487
into something and then it
would get shared compulsively.
1337
01:22:11,760 --> 01:22:17,130
Totenberg: She's become such
a rock star and she enjoys it.
1338
01:22:18,267 --> 01:22:19,302
To see
1339
01:22:19,476 --> 01:22:21,717
people wear
Notorious RBG t-shirts
1340
01:22:21,937 --> 01:22:25,145
or other paraphernalia
with her face on it.
1341
01:22:25,482 --> 01:22:26,892
It's weird honestly.
1342
01:22:27,067 --> 01:22:29,308
She gives her RBG t-shirts
to people.
1343
01:22:29,486 --> 01:22:31,351
Edwards: She called and laughed
did you get the birthday gift?
1344
01:22:31,488 --> 01:22:33,274
I said I did I'm wearing it.
1345
01:22:33,782 --> 01:22:35,568
- Tattoos! Yeah.
- Lots of tattoos.
1346
01:22:36,034 --> 01:22:38,571
Carmon: Ihad a picture
of one of the tattoos
1347
01:22:38,745 --> 01:22:41,077
and I showed it to her
and she goes "Uh!
1348
01:22:41,248 --> 01:22:43,079
Why would you do something
so permanent?"
1349
01:22:45,294 --> 01:22:47,501
Here now to comment
is Ruth Bader Ginsburg.
1350
01:22:47,796 --> 01:22:49,912
(audience cheering)
1351
01:22:50,757 --> 01:22:52,463
Alright! Justice coming in hot.
1352
01:22:52,926 --> 01:22:55,793
I'm ready to rumble
Mayweather, Pacquiao style.
1353
01:22:56,388 --> 01:22:58,674
I float like a butterfly,
sting like a bee,
1354
01:22:58,849 --> 01:23:00,680
I clean myself like a fly.
1355
01:23:01,226 --> 01:23:02,966
(audience laughing)
1356
01:23:03,604 --> 01:23:05,014
Jim: It's so unlike mom,
1357
01:23:05,189 --> 01:23:07,976
but I don't think mom...
an accurate imitation of mom
1358
01:23:08,150 --> 01:23:09,731
would be that funny. (laughs)
1359
01:23:10,027 --> 01:23:11,312
Betsy: Do you think
she watches them?
1360
01:23:12,112 --> 01:23:13,818
I don't think she ever has
watched television.
1361
01:23:13,989 --> 01:23:15,570
Yeah, I'm not sure she knows
how to turn on...
1362
01:23:15,699 --> 01:23:17,564
No, no, she watches the NewsHour
while she's working out.
1363
01:23:17,701 --> 01:23:20,408
Yeah, but that's at the court,
does she know how to turn on
1364
01:23:20,579 --> 01:23:22,069
- the television at home?
- I don't think so.
1365
01:23:22,831 --> 01:23:26,744
Here to explain is Supreme Court
Justice Ruth Bader Ginsburg.
1366
01:23:27,294 --> 01:23:28,579
Is this Saturday Night Live?
1367
01:23:29,505 --> 01:23:33,748
I like my men like I like
my decisions: 5-4. (gasps)
1368
01:23:34,218 --> 01:23:36,504
That's a third degree Ginsburn!
1369
01:23:36,720 --> 01:23:38,836
(audience laughing)
1370
01:23:47,397 --> 01:23:49,683
It's marvelously funny.
How did they...
1371
01:23:50,567 --> 01:23:51,977
Julie Cohen:
Remind you of yourself?
1372
01:23:52,653 --> 01:23:53,733
Not one bit.
1373
01:23:57,824 --> 01:23:59,280
Except for the collar.
1374
01:23:59,743 --> 01:24:01,108
What about the State
of the Union
1375
01:24:01,286 --> 01:24:02,366
where you were caught sleeping?
1376
01:24:02,663 --> 01:24:04,745
No, I wasn't sleeping
I was just giving in
1377
01:24:04,915 --> 01:24:06,746
to the weight of my glasses.
1378
01:24:11,630 --> 01:24:13,086
Spera: Watching the State
of the Union
1379
01:24:13,257 --> 01:24:15,999
and I notice that her head
is drooping a little bit
1380
01:24:16,176 --> 01:24:19,794
and she might have dozed off
for about a minute or two.
1381
01:24:19,972 --> 01:24:21,883
After that happened,
I called her up and said,
1382
01:24:22,015 --> 01:24:23,175
"You know, Bubbe,
you were asleep
1383
01:24:23,267 --> 01:24:25,132
during the State of the Union,
you can't do that."
1384
01:24:25,310 --> 01:24:27,892
Totenberg: You went to the State of
the Union and you fell asleep.
1385
01:24:28,063 --> 01:24:29,473
(audience laughing)
1386
01:24:29,898 --> 01:24:31,479
As I often do.
1387
01:24:32,150 --> 01:24:34,266
The audience for the most part
is awake,
1388
01:24:34,444 --> 01:24:36,526
because they're bobbing up
and down all the time...
1389
01:24:37,781 --> 01:24:40,568
and we sit there, stone faced...
1390
01:24:41,201 --> 01:24:43,237
soberjudges. But we're not...
1391
01:24:43,662 --> 01:24:46,244
at least I wasn't,
a hundred percent sober.
1392
01:24:46,415 --> 01:24:48,326
(audience laughing)
1393
01:24:49,334 --> 01:24:52,952
Toten berg: She does look vulnerable,
she is this tiny little person
1394
01:24:53,130 --> 01:24:55,712
and that is somehow in contrast
with being
1395
01:24:55,882 --> 01:25:01,127
the ferocious defender
of minorities and women and...
1396
01:25:02,055 --> 01:25:03,761
certain kinds of ideals.
1397
01:25:03,932 --> 01:25:05,888
There's always I think
the concern that can she
1398
01:25:06,059 --> 01:25:10,678
- continue to keep up this pace?
- Well, she's now been through
1399
01:25:10,856 --> 01:25:12,346
two different types of cancer
1400
01:25:12,524 --> 01:25:14,230
without missing a day
on the bench.
1401
01:25:14,943 --> 01:25:19,312
Ruth: I had my first cancer
bout 1999,
1402
01:25:19,573 --> 01:25:21,154
colorectal cancer.
1403
01:25:21,742 --> 01:25:24,484
It was the year
of first surgery
1404
01:25:24,620 --> 01:25:26,611
and then chemotherapy.
1405
01:25:27,539 --> 01:25:30,201
Ten years later,
Ihad pancreatic cancer.
1406
01:25:31,043 --> 01:25:33,785
I think what it has left me
is...
1407
01:25:34,546 --> 01:25:38,755
an enhanced appreciation
of the joys of being alive.
1408
01:25:39,426 --> 01:25:41,838
What I need you to do
is just grab them and just pull.
1409
01:25:42,179 --> 01:25:44,841
- Just standing up straight?
- Just pull, don't lean back.
1410
01:25:45,015 --> 01:25:49,258
Good, just pull, pull, okay?
Arch that back. Good.
1411
01:25:50,687 --> 01:25:53,144
- This is light.
- I know, I know,
1412
01:25:53,440 --> 01:25:54,429
I got a heavier one.
1413
01:25:54,900 --> 01:25:57,016
Since it's too light,
I got a heavier one
1414
01:25:57,611 --> 01:25:59,317
Bryant Johnson: I started
training Justice Ginsburg
1415
01:25:59,529 --> 01:26:00,689
back in 1999.
1416
01:26:01,239 --> 01:26:03,230
She had just come out
of chemotherapy
1417
01:26:03,408 --> 01:26:06,571
and she wanted to build muscle
and get stronger.
1418
01:26:07,829 --> 01:26:08,818
She's like a cyborg.
1419
01:26:08,997 --> 01:26:11,238
And when Isay cyborg,
she's like a machine.
1420
01:26:11,416 --> 01:26:14,283
Jโ ("Queen of the Night" Plays) Jโ
1421
01:26:20,884 --> 01:26:24,047
Lean back. Good, yeah,
and pull yourself up.
1422
01:26:24,638 --> 01:26:25,878
Exactly. Good.
1423
01:26:30,602 --> 01:26:33,184
Alright, bring chest down
to the ball, good.
1424
01:26:33,355 --> 01:26:35,971
They're real push-ups right,
they're not girl push-ups.
1425
01:26:36,149 --> 01:26:39,562
No, th... they are...
very real, yes.
1426
01:26:40,779 --> 01:26:43,236
Helsel: I've heard
that she's does 20 push-ups,
1427
01:26:43,407 --> 01:26:44,613
three times a week or something.
1428
01:26:44,783 --> 01:26:47,365
I mean, we can't even get off
the floor we can't even get down
1429
01:26:47,536 --> 01:26:48,616
to the floor.
1430
01:26:49,579 --> 01:26:50,785
That's true.
1431
01:26:51,748 --> 01:26:55,787
Ruth: I always feel better
no matter how tired I am,
1432
01:26:56,169 --> 01:26:59,206
at the end of that hour,
I'm ready to go again.
1433
01:27:02,592 --> 01:27:06,210
She definitely embodies
the larger than life nature
1434
01:27:06,388 --> 01:27:08,720
of the "Notorious" title...
1435
01:27:09,808 --> 01:27:11,264
more and more as she gets older.
1436
01:27:11,435 --> 01:27:13,721
She's become much more public,
much more vocal.
1437
01:27:13,895 --> 01:27:15,385
Especially in a time
when our politics
1438
01:27:15,522 --> 01:27:17,353
are just so garbage.
1439
01:27:17,858 --> 01:27:20,144
Reporter 1: Justice Ruth Bader
Ginsburg spoke fearfully
1440
01:27:20,318 --> 01:27:21,774
of a Donald Trump presidency.
1441
01:27:21,945 --> 01:27:24,652
Reporter 2: An unusually candid
political outpouring
1442
01:27:24,823 --> 01:27:28,281
- calling Trump a "Faker. "
- Justice Ginsburg, uh,
1443
01:27:28,452 --> 01:27:30,534
made some very,
very inappropriate...
1444
01:27:30,829 --> 01:27:31,818
statements toward me.
1445
01:27:31,997 --> 01:27:33,328
I was flabbergasted.
1446
01:27:33,749 --> 01:27:37,116
It surprised me that she would
comment in a derogatory way
1447
01:27:37,252 --> 01:27:40,585
about any candidate
for president. It's...
1448
01:27:43,592 --> 01:27:44,707
it's inappropriate.
1449
01:27:44,885 --> 01:27:46,876
It's not just a matter
of decorum...
1450
01:27:47,053 --> 01:27:49,795
it's a matter of her
not understanding
1451
01:27:49,973 --> 01:27:51,133
her constitutional role.
1452
01:27:51,308 --> 01:27:53,845
She has just come out and issued
an apology.
1453
01:27:54,394 --> 01:27:57,181
You released a statement
that read, "Judges should avoid
1454
01:27:57,355 --> 01:27:59,892
commenting on a candidate
for public office."
1455
01:28:00,317 --> 01:28:03,229
But do you really regret
the substance of what you said?
1456
01:28:03,695 --> 01:28:05,060
I think in the best,
1457
01:28:05,238 --> 01:28:08,321
the wisest course would have
been to say nothing.
1458
01:28:08,492 --> 01:28:11,529
Is it wrong
for Supreme Court Justices to...
1459
01:28:11,995 --> 01:28:14,577
uh, to occasionally make
a mistake? No.
1460
01:28:14,748 --> 01:28:15,908
They're human beings
1461
01:28:16,082 --> 01:28:18,368
and she's a human being
and she apologized for it.
1462
01:28:18,543 --> 01:28:22,752
It is quite possible that many,
many executive orders
1463
01:28:22,923 --> 01:28:26,962
or other things that a president
has supported or done
1464
01:28:27,135 --> 01:28:29,251
are going to come before
the Supreme Court
1465
01:28:29,429 --> 01:28:32,921
and that now we have a sitting
justice indicating,
1466
01:28:33,099 --> 01:28:35,431
that the person
has a deep antipathy,
1467
01:28:35,894 --> 01:28:38,351
uh, against the lawmaker.
1468
01:28:38,522 --> 01:28:39,932
The notion that l...
1469
01:28:40,148 --> 01:28:42,480
I don't comprehend
that myjob...
1470
01:28:43,068 --> 01:28:46,151
is to interpret
the law fairly...
1471
01:28:46,947 --> 01:28:50,155
that I'm going to vote
one way...
1472
01:28:50,867 --> 01:28:54,234
based on who I might have voted
for President is just...
1473
01:28:57,249 --> 01:28:58,489
None of us...
1474
01:29:00,043 --> 01:29:03,285
even if we wanted to...
could be successful
1475
01:29:03,463 --> 01:29:05,203
if that's the attitude
that we had.
1476
01:29:19,020 --> 01:29:20,351
Robert Longbottom:
You look marvelous.
1477
01:29:21,147 --> 01:29:22,353
Knowing that we were opening
1478
01:29:22,482 --> 01:29:24,222
on the Saturday
after the election,
1479
01:29:24,693 --> 01:29:27,856
I wanted somebody who was
a Washington insider
1480
01:29:28,113 --> 01:29:31,150
to play the Duchess
of Krakenthorp.
1481
01:29:31,324 --> 01:29:34,066
"The best of the House
of Krakenthorp..."
1482
01:29:34,244 --> 01:29:38,408
Ruth: There are very few operas
that have speaking parts
1483
01:29:39,165 --> 01:29:41,702
and the Duchess of Krackenthorp
1484
01:29:42,252 --> 01:29:45,744
is one such part. So I wrote...
1485
01:29:46,172 --> 01:29:49,335
basically my own lines
for the Duchess of Krackenthorp.
1486
01:29:49,509 --> 01:29:52,626
(opera music playing)
1487
01:29:59,185 --> 01:30:02,268
"The best of the House
of Krakenthorp
1488
01:30:02,981 --> 01:30:06,769
have open, but not empty minds.
1489
01:30:07,193 --> 01:30:12,859
No surprise then that the most
valorous Krakenthorpians
1490
01:30:13,241 --> 01:30:14,276
have been women!"
1491
01:30:14,451 --> 01:30:17,693
(audience cheering)
1492
01:30:18,955 --> 01:30:25,167
"A lady Krackenthorp at all
times must conduct herself
1493
01:30:25,337 --> 01:30:28,044
with dignity and grace.
1494
01:30:28,715 --> 01:30:32,583
We now request certain
essential documents.
1495
01:30:33,970 --> 01:30:36,677
Have you brought your niece's
birth certificate?"
1496
01:30:36,806 --> 01:30:38,421
(audience laughing and cheering)
1497
01:30:41,269 --> 01:30:44,261
(speaks in French:)
1498
01:30:46,900 --> 01:30:50,609
"Ours is a family
wildly trumpeted,
1499
01:30:56,451 --> 01:31:03,289
(audience laughing and cheering)
1500
01:31:13,551 --> 01:31:16,258
Justice Ginsburg,
I think everyone expected you
1501
01:31:16,429 --> 01:31:17,965
to retire soon. I mean,
you're 83.
1502
01:31:18,139 --> 01:31:22,257
Yeah, you're damn right. I was
gonna retire. Ugh! But not now.
1503
01:31:22,519 --> 01:31:24,726
Not now, now I gotta stay
alive and healthy.
1504
01:31:24,896 --> 01:31:26,136
Damn it. Give me my thing.
1505
01:31:27,023 --> 01:31:28,888
Excuse me, I gotta take
my vitamins.
1506
01:31:29,067 --> 01:31:31,308
- (audience laughing)
- Colin Jost: Oh my God, that's...
1507
01:31:31,486 --> 01:31:33,226
(audience cheering and laughing)
1508
01:31:33,989 --> 01:31:35,604
Jost: ...that's...
that's a packet.
1509
01:31:35,699 --> 01:31:37,030
(laughing)
1510
01:31:42,580 --> 01:31:45,743
Totenberg: Justice Ginsburg,
let me ask you a tough question.
1511
01:31:45,875 --> 01:31:50,539
There were liberals who publicly
urged you to retire, uh...
1512
01:31:51,464 --> 01:31:52,579
two or three years ago,
1513
01:31:52,757 --> 01:31:55,920
so that President Obama
could name a replacement.
1514
01:31:56,761 --> 01:31:58,968
Any second thoughts
about not doing that?
1515
01:32:01,766 --> 01:32:04,257
I have said many times
that I will...
1516
01:32:05,020 --> 01:32:06,351
do this job...
1517
01:32:06,855 --> 01:32:10,473
as long as I can do it
full steam...
1518
01:32:11,443 --> 01:32:12,899
and when I can't...
1519
01:32:14,571 --> 01:32:18,029
that will be the time,
I will step down.
1520
01:32:20,744 --> 01:32:23,781
Miller: She has found her voice
on the court.
1521
01:32:24,330 --> 01:32:26,286
She is a center of power...
1522
01:32:27,167 --> 01:32:29,158
on the court and off the court.
1523
01:32:29,335 --> 01:32:31,166
Totenberg: When
the history books are written,
1524
01:32:31,337 --> 01:32:33,168
an enormous amount
will be about
1525
01:32:33,339 --> 01:32:35,921
what she did as a very young
lawyer.
1526
01:32:36,509 --> 01:32:39,376
Peratis: There would not
have been the legal status
1527
01:32:39,554 --> 01:32:42,717
of women today had it not been
for her work in the '70s.
1528
01:32:43,141 --> 01:32:45,223
She changed everything.
1529
01:32:45,602 --> 01:32:49,561
Ruth: The gender line helps
to keep women not on a pedestal
1530
01:32:49,981 --> 01:32:50,970
but in a cage
1531
01:32:51,691 --> 01:32:55,309
Ruth's work made me feel
as if I was protected
1532
01:32:55,487 --> 01:32:58,149
by the U.S. Constitution
for the first time.
1533
01:32:58,323 --> 01:33:01,315
Ruth: Men and women are persons
of equal dignity
1534
01:33:01,493 --> 01:33:03,905
and they should count equally
before the law.
1535
01:33:04,079 --> 01:33:07,412
She may be small but she's got
a firm backbone.
1536
01:33:08,374 --> 01:33:10,456
Carmon: It's been a long road
for her
1537
01:33:10,585 --> 01:33:13,748
and she's fought really hard
all the way down it.
1538
01:33:13,922 --> 01:33:15,162
She's not done fighting.
1539
01:33:15,965 --> 01:33:18,547
Ruth: Looking back over
my long life.
1540
01:33:18,927 --> 01:33:21,839
Yes, we may be
in trying times...
1541
01:33:23,264 --> 01:33:24,674
but think how it was.
1542
01:33:25,809 --> 01:33:27,345
Ruth: When I went to college...
1543
01:33:28,269 --> 01:33:31,807
there was a big Red Scare
in our country.
1544
01:33:32,190 --> 01:33:35,728
Some people in our Congress saw
a Communist in every closet
1545
01:33:35,902 --> 01:33:38,564
and in every corner.
But it impressed me,
1546
01:33:38,738 --> 01:33:40,820
that there were lawyers
reminding our Congress
1547
01:33:40,990 --> 01:33:43,231
that we have freedom of speech
and of the press.
1548
01:33:43,409 --> 01:33:46,822
So I thought that that was
a pretty good thing to do...
1549
01:33:49,707 --> 01:33:52,369
to help keep our country
in tune
1550
01:33:52,502 --> 01:33:56,370
with its most
basic values.
1551
01:33:58,675 --> 01:34:01,007
Now is the busiest season
for the court.
1552
01:34:01,427 --> 01:34:04,510
All dissenting opinions
have to be...
1553
01:34:05,807 --> 01:34:06,887
circulated.
1554
01:34:07,767 --> 01:34:11,055
And I have a few of those
still to go.
1555
01:34:12,147 --> 01:34:15,685
One of the world's greatest
jurists, Judge Learned Hand...
1556
01:34:16,484 --> 01:34:20,102
said, "That the spirit
of liberty that imbues
1557
01:34:20,280 --> 01:34:24,944
our Constitution must lie first
and foremost in the hearts
1558
01:34:25,118 --> 01:34:28,906
of the men and women who compose
this great nation...
1559
01:34:29,706 --> 01:34:34,575
a community where the least
shall be heard and considered
1560
01:34:35,128 --> 01:34:37,790
side by side with the greatest.
1561
01:34:39,465 --> 01:34:43,083
I will keep that wisdom
in the front of my mind
1562
01:34:43,595 --> 01:34:46,507
as long as I am capable
of judicial service."
1563
01:34:47,098 --> 01:34:52,684
Court Officer: Oyez, oyez, oyez,
the court is now sitting.
1564
01:34:52,854 --> 01:34:54,094
(gavel strikes)
1565
01:35:02,488 --> 01:35:05,230
I When you feel
you've taken all you can take Jโ
1566
01:35:05,366 --> 01:35:08,108
Jโ And you're sure you're never
gonna catch a break Jโ
1567
01:35:08,494 --> 01:35:12,032
Jโ And your tears are rivers
running down your face Jโ
1568
01:35:12,248 --> 01:35:13,454
Jโ Yeah Jโ
1569
01:35:13,833 --> 01:35:15,073
Jโ When your faith is low Jโ
1570
01:35:15,210 --> 01:35:16,996
Jโ And you've got no
strength left Jโ
1571
01:35:17,170 --> 01:35:19,912
I When you think you've gone
as far as you can get Jโ
1572
01:35:20,131 --> 01:35:23,419
Jโ And you're too run down
to take another step Jโ
1573
01:35:23,927 --> 01:35:28,591
Jโ Oh, I will take up
the struggle Jโ
1574
01:35:30,725 --> 01:35:34,263
Jโ Oh, Iknow it's a fight Jโ
1575
01:35:35,480 --> 01:35:39,268
Jโ So I'll fight I
1576
01:35:39,359 --> 01:35:41,520
Jโ Fight that one for you Jโ
1577
01:35:41,653 --> 01:35:45,111
I I'll fight Jโ
1578
01:35:45,198 --> 01:35:47,439
Jโ Stand and defend you Jโ
1579
01:35:47,742 --> 01:35:50,779
Jโ Take your side Jโ
1580
01:35:51,037 --> 01:35:53,528
Jโ That's what I'm here to do Jโ
1581
01:35:53,623 --> 01:35:56,285
Jโ I'll be there to be strong Jโ
1582
01:35:56,542 --> 01:36:01,627
Jโ Oh, I 'II keep on,
keep on the fight I
1583
01:36:06,803 --> 01:36:09,670
I When this day just takes
another piece of you Jโ
1584
01:36:09,806 --> 01:36:12,548
Jโ Everybody takes
all they can get from you Jโ
1585
01:36:12,725 --> 01:36:15,512
Jโ 'Til you're left with
almost nothing left of you Jโ
1586
01:36:18,523 --> 01:36:21,310
Jโ When each night is like
a battle you can't win I
1587
01:36:21,526 --> 01:36:24,313
Jโ And the pain is like
a weight you're carrying Jโ
1588
01:36:24,445 --> 01:36:27,687
Jโ I will be the one
to help you carry it Jโ
1589
01:36:29,033 --> 01:36:33,276
Jโ I will take
all your troubles Jโ
1590
01:36:34,872 --> 01:36:38,490
Jโ Oh, Iknow it's a fight Jโ
1591
01:36:39,752 --> 01:36:43,665
I So I'll fight I
1592
01:36:43,840 --> 01:36:45,831
Jโ Fight that one for you Jโ
1593
01:36:45,925 --> 01:36:49,463
I I'll fight I
1594
01:36:49,679 --> 01:36:51,920
Jโ Stand and defend you Jโ
1595
01:36:52,181 --> 01:36:55,093
Jโ Take your side Jโ
1596
01:36:55,518 --> 01:36:57,930
Jโ That's what I'm here to do Jโ
1597
01:36:58,146 --> 01:37:00,853
Jโ I'll be there to be strong Jโ
1598
01:37:01,232 --> 01:37:04,895
Jโ Oh, I 'II keep on,
keep on the fight I
1599
01:37:05,236 --> 01:37:09,605
I I'll have your back
when your back's to the wall Jโ
1600
01:37:10,908 --> 01:37:15,493
I I'll catch your tears
when your tears fall Jโ
1601
01:37:15,663 --> 01:37:19,906
Jโ I will give it all
I won't give up the fight Jโ
1602
01:37:20,918 --> 01:37:24,627
I So, I'll fight I
1603
01:37:24,881 --> 01:37:26,963
Jโ Fight that war for you Jโ
1604
01:37:27,300 --> 01:37:30,417
I I'll fight I
1605
01:37:30,678 --> 01:37:36,264
Jโ Stand and defend you
Take your side Jโ
1606
01:37:36,434 --> 01:37:38,846
Jโ That's what I'm here to do Jโ
1607
01:37:39,145 --> 01:37:41,852
Jโ I'll be there to be strong Jโ
1608
01:37:42,106 --> 01:37:48,067
Jโ Oh, I 'II keep on,
keep on I 'II fight Iโ
1609
01:37:48,154 --> 01:37:53,694
Jโ Fight that war for you
I 'II fight I
1610
01:37:54,077 --> 01:37:57,865
Jโ Stand and defend you
Take your side Jโ
1611
01:37:58,039 --> 01:38:02,282
Jโ Take your side, take your side
That's what I'm here to do Jโ
1612
01:38:02,627 --> 01:38:04,959
Jโ I'll be there to be strong Jโ
130258
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