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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,000 --> 00:00:00,033 Edited at https://subtitletools.com 2 00:00:30,906 --> 00:00:33,443 (theme music playing) 3 00:01:03,814 --> 00:01:07,773 Michael Savage: This witch. This evil doer. This monster. 4 00:01:07,943 --> 00:01:10,104 Mark Levin: She has no respect for the traditions 5 00:01:10,279 --> 00:01:11,735 of our constitution, none. 6 00:01:11,905 --> 00:01:15,693 Donald Trump: An absolute disgrace to the Supreme Court. 7 00:01:16,326 --> 00:01:18,658 Rick Wiles: She's one of the most vile human beings. 8 00:01:18,787 --> 00:01:20,027 Scott Lively: She's very wicked, yeah. 9 00:01:20,205 --> 00:01:21,911 Michael Savage: She's Anti-American. 10 00:01:22,082 --> 00:01:23,242 Bill O'Reilly: She's a zombie. 11 00:01:23,458 --> 00:01:26,040 The woman 's a zombie, Ruth Bader Ginsburg. 12 00:01:32,843 --> 00:01:36,176 Ruth Bader Ginsberg: I ask no favor for my sex. 13 00:01:36,680 --> 00:01:38,921 All | ask of our brethren... 14 00:01:39,600 --> 00:01:43,218 is that they take their feet off our necks. 15 00:01:48,525 --> 00:01:50,356 Jโ€˜ Forget the bull in the china shop Jโ€˜ 16 00:01:50,611 --> 00:01:52,977 Jโ€˜ There's a china doll in the bullpen Jโ€˜ 17 00:01:53,447 --> 00:01:54,983 Jโ€˜ Walk with a switch, fire in her fist Jโ€˜ 18 00:01:55,157 --> 00:01:56,988 Jโ€˜ Biting at the bit, swing at every pitch Jโ€˜ 19 00:01:57,159 --> 00:01:58,399 Jโ€˜ Coach put me in like I 20 00:01:58,577 --> 00:02:00,113 Jโ€˜ Forget the bull in the china shop Jโ€˜ 21 00:02:00,245 --> 00:02:02,531 Jโ€˜ There's a china doll in the bullpen Jโ€˜ 22 00:02:02,748 --> 00:02:04,784 Jโ€˜ It's all in the wrist, fire from the hip Jโ€˜ 23 00:02:04,958 --> 00:02:06,949 I Talk a little shit roll thick, whole clique Jโ€˜ 24 00:02:07,127 --> 00:02:08,116 Jโ€˜ Let's begin like I 25 00:02:08,295 --> 00:02:13,710 Twenty-six, 25, 24, 23, 21, 20, 19 26 00:02:13,884 --> 00:02:16,091 Jโ€˜ It's been assumed I 'm soft or irrelevant Jโ€˜ 27 00:02:16,178 --> 00:02:18,715 Jโ€˜ 'Cause I refuse to downplay my intelligence Jโ€˜ 28 00:02:18,889 --> 00:02:20,925 Jโ€˜ But in a room of thugs and rap veterans Jโ€˜ 29 00:02:21,099 --> 00:02:23,306 Jโ€˜ Why am I the only one who's acting like a gentleman Jโ€˜ 30 00:02:23,477 --> 00:02:25,138 Announcer: Justice Ruth Bader Ginsburg. 31 00:02:25,646 --> 00:02:27,807 (crowd cheering) 32 00:02:27,981 --> 00:02:30,097 Jโ€˜ Looks to me like a little of your true school Jโ€˜ 33 00:02:30,275 --> 00:02:32,891 Jโ€˜ Is at the shallow end of the typing pool Jโ€˜ 34 00:02:33,028 --> 00:02:34,564 I All cloak, no dagger just smoke and swagger Jโ€˜ 35 00:02:34,696 --> 00:02:39,065 - Nina Totenberg: How's your health? - Uh, I'm feeling just fine. 36 00:02:39,326 --> 00:02:40,611 (crowd cheering) 37 00:02:40,702 --> 00:02:42,988 Here now to comment is Ruth Bader Ginsburg. 38 00:02:45,957 --> 00:02:48,869 Totenberg: It's an amazing thing to see somebody in her 80s 39 00:02:49,044 --> 00:02:52,707 - become such an icon. - Do you mind signing this copy? 40 00:02:52,881 --> 00:02:56,294 I am 84 years old and everyone wants to take a picture with me. 41 00:02:56,718 --> 00:02:59,380 She is really, when you come right down to it, 42 00:02:59,680 --> 00:03:01,511 the closest thing to a superhero I know. 43 00:03:01,640 --> 00:03:04,177 I And I love this job but ah good God Jโ€˜ 44 00:03:04,351 --> 00:03:06,387 Jโ€˜ Sometimes Ihate this business Jโ€˜ 45 00:03:06,561 --> 00:03:09,553 They call her Notorious RBG, that's her rap name. 46 00:03:09,731 --> 00:03:11,687 - Notorious R... - RBG. 47 00:03:11,858 --> 00:03:16,067 - Yeah, no, no, RGB. RBG right. - The Notorious... 48 00:03:16,321 --> 00:03:17,652 (crowd cheering) 49 00:03:17,864 --> 00:03:18,899 News Anchor: Supreme Court Justice, 50 00:03:19,032 --> 00:03:21,023 Ruth Bader Ginsburg getting a lot of attention 51 00:03:21,201 --> 00:03:23,066 after she delivered a scathing dissent. 52 00:03:23,245 --> 00:03:25,452 Whether you agree with her or not, you got to acknowledge 53 00:03:25,622 --> 00:03:27,158 she's been a force on that court. 54 00:03:27,332 --> 00:03:29,163 Liberal hero, Ruth Bader Ginsburg. 55 00:03:29,334 --> 00:03:30,790 As much as people admire her, 56 00:03:30,961 --> 00:03:32,201 they don't even know the half of it. 57 00:03:33,296 --> 00:03:34,911 Kathleen Peratis: She was the queen. 58 00:03:35,090 --> 00:03:36,500 Harry Edwards: Ruth knew what she was doing 59 00:03:36,633 --> 00:03:37,873 in laying the foundation. 60 00:03:38,051 --> 00:03:41,885 Arthur Miller: To put women on exactly the same plane as men. 61 00:03:42,097 --> 00:03:43,428 Toten berg : Ruth Bader Ginsburg 62 00:03:43,557 --> 00:03:47,141 quite literally changed the way the world is for American women. 63 00:03:47,310 --> 00:03:52,600 Twelve, 11, ten, nine, eight, seven, six, five... 64 00:03:53,567 --> 00:03:56,434 Joe Biden: Today the Senate Judiciary Committee welcomes 65 00:03:56,778 --> 00:03:58,564 Judge Ruth Bader Ginsburg, 66 00:03:58,947 --> 00:04:01,233 the President's nominee to be Associate Justice 67 00:04:01,408 --> 00:04:03,524 of the United States Supreme Court. 68 00:04:04,119 --> 00:04:05,154 Jโ€˜ Let's begin like I 69 00:04:12,127 --> 00:04:14,413 (camera shutters clicking) 70 00:04:14,755 --> 00:04:18,168 Judge do you swear the testimony you are about to give 71 00:04:18,341 --> 00:04:20,502 will be the whole truth and nothing but the truth, 72 00:04:20,677 --> 00:04:21,883 so help you God? 73 00:04:22,179 --> 00:04:24,261 - I do, Mr. Chairman. - Thank you. 74 00:04:26,266 --> 00:04:30,009 I am a Brooklynite, born and bred... 75 00:04:31,271 --> 00:04:34,684 a first-generation American on my father's side... 76 00:04:35,734 --> 00:04:38,646 barely second-generation on my mother's. 77 00:04:39,696 --> 00:04:42,984 What has become of me could happen... 78 00:04:43,492 --> 00:04:44,857 only in America. 79 00:04:53,794 --> 00:04:57,127 Ruth: Neither of my parents had the means to attend college, 80 00:04:57,756 --> 00:05:01,044 but both taught me to love learning... 81 00:05:01,927 --> 00:05:03,963 to care about people... 82 00:05:04,596 --> 00:05:09,886 and to work hard for whatever I wanted or believed in. 83 00:05:11,645 --> 00:05:14,887 Ruth: My father was from Odessa 84 00:05:15,023 --> 00:05:17,184 and during his growing up years, 85 00:05:17,484 --> 00:05:20,772 Jews were no longer admitted to the Russian schools. 86 00:05:21,738 --> 00:05:24,195 Education was terribly important. 87 00:05:25,867 --> 00:05:29,234 My mother was loving but also very strict, 88 00:05:29,621 --> 00:05:34,206 making sure I that I did my... homework, practice the piano, 89 00:05:34,376 --> 00:05:36,833 didn't stay out jumping rope too long. 90 00:05:40,006 --> 00:05:41,792 Iloved to do the things that boys did, 91 00:05:41,967 --> 00:05:43,423 when I was growing up. 92 00:05:43,677 --> 00:05:46,384 One of our favorite things was climbing garage roofs 93 00:05:46,805 --> 00:05:48,887 from one roof to another, leaping... 94 00:05:50,225 --> 00:05:51,340 leaping over. 95 00:05:51,935 --> 00:05:54,768 Justice Ginsburg, we cannot call Ruth. 96 00:05:54,938 --> 00:05:56,553 - Right. - We call her Kiki. 97 00:05:57,941 --> 00:05:59,226 Ann Kittener: She was beautiful. 98 00:05:59,401 --> 00:06:02,484 Big beautiful blue eyes, which you really can't see 99 00:06:02,654 --> 00:06:06,272 very well behind her glasses, very soft brown hair. 100 00:06:07,200 --> 00:06:09,407 She had this kind of quiet magnetism 101 00:06:09,870 --> 00:06:11,906 even though she was not effusive. 102 00:06:12,080 --> 00:06:13,945 Harryette Helsel: You always thought that she wasn 't listening 103 00:06:14,082 --> 00:06:16,368 and that she didn't know what was going on 104 00:06:16,543 --> 00:06:18,249 but she knew what was going on. 105 00:06:18,420 --> 00:06:20,627 - She didn't do small talk. - No, no small talk. 106 00:06:20,797 --> 00:06:23,789 And she didn't do girl chat and she didn't get on the phone 107 00:06:23,967 --> 00:06:26,379 and talk with us about what happened on the weekend. 108 00:06:26,553 --> 00:06:27,884 She's a deep thinker. 109 00:06:30,098 --> 00:06:31,588 - She's an only child. - No... 110 00:06:31,808 --> 00:06:34,220 She had a sister, I didn't know her sister. 111 00:06:34,477 --> 00:06:36,217 - Her sister passed away. - Right. 112 00:06:37,063 --> 00:06:39,304 Helsel: But she and her mom were very close, 113 00:06:39,524 --> 00:06:41,230 very, very close. 114 00:06:42,360 --> 00:06:46,194 Ruth: My mother died when I was 17. 115 00:06:47,073 --> 00:06:50,281 | wish I could've had her... longen 116 00:06:53,079 --> 00:06:56,287 Well, her mother must have been a very steely person 117 00:06:56,458 --> 00:06:59,495 because she had cancer a long time 118 00:07:00,086 --> 00:07:01,542 and... and lived 119 00:07:02,047 --> 00:07:05,335 trying to get her child through high school. 120 00:07:06,718 --> 00:07:09,801 Kittener: We were supposed to be at graduation. 121 00:07:09,971 --> 00:07:13,509 And then the night before we got a message 122 00:07:13,683 --> 00:07:16,140 that she would not be able to be part of this. 123 00:07:16,311 --> 00:07:19,018 We knew then that her mother had passed away. 124 00:07:20,440 --> 00:07:26,106 Ruth: She had two... lessons that she repeated over and over. 125 00:07:26,905 --> 00:07:28,111 "Be a lady... " 126 00:07:28,990 --> 00:07:31,106 and "Be independent." 127 00:07:31,993 --> 00:07:36,487 "Be a lady" meant don't allow yourself to be overcome 128 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... 130 00:07:44,631 --> 00:07:47,589 it would be fine if you met Prince Charming 131 00:07:47,759 --> 00:07:51,001 and lived happily ever after. But... 132 00:07:52,472 --> 00:07:54,303 be able to fend for yourself. 133 00:07:56,810 --> 00:08:02,100 In my lifetime, I expect to see three, four, 134 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, 136 00:08:09,739 --> 00:08:12,105 but of different complexions. 137 00:08:13,702 --> 00:08:17,286 I surely would not be in this room today... 138 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. 142 00:08:35,265 --> 00:08:38,428 Truly extraordinary for his generation... 143 00:08:40,395 --> 00:08:44,308 a man who believed at age 18, when we met, 144 00:08:45,275 --> 00:08:47,061 that a woman's work, 145 00:08:47,527 --> 00:08:50,189 whether at home or on the job... 146 00:08:51,406 --> 00:08:54,944 is as important as a man's. 147 00:08:57,037 --> 00:09:00,621 Ibecame a lawyer... in days... 148 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. 150 00:09:08,173 --> 00:09:12,382 I became a lawyer because Marty supported that choice... 151 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. 155 00:09:34,824 --> 00:09:36,360 Iwas in college. 156 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. 164 00:10:18,409 --> 00:10:21,025 (audience laughing and applauding) 165 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. 169 00:10:38,054 --> 00:10:40,966 One of the sadnesses about the brilliant girls 170 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... 173 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. 177 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€œ 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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