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Michael savage: This witch. This evil doer. This monster.
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Mark levin: She has no respect for the traditions
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of our constitution, none.
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Donald trump: An absolute disgrace to the supreme court.
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Rick wiles: She's one of the most vile human beings.
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Scott lively: She's very wicked, yeah.
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Michael savage:
She's anti-American.
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Bill O'Reilly: She's a zombie.
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The woman's a zombie, Ruth bader ginsburg.
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Ruth bader ginsburg:
I ask no favor for my sex.
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All I ask of our brethren...
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Is that they take their feet off
our necks.
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Twenty-six, 25, 24, 23,
21, 20, 19
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announcer:
Justice Ruth bader ginsburg.
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- Nina totenberg:
How's your health?
- Uh, I'm feeling just fine.
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Here now to comment
is Ruth bader ginsburg.
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Totenberg: It's an amazing thing to see somebody in her 80s
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- become such an icon.
- Do you mind signing this copy?
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I am 84 years old and everyone
wants to take a picture with me.
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She is really, when you come
right down to it,
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the closest thing
to a superhero I know.
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They call her notorious rbg,
that's her rap name.
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- Notorious r...
- Rbg.
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- Yeah, no, no, rgb. Rbg right.
- The notorious...
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News anchor:
Supreme court justice,
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Ruth bader ginsburg getting a lot of attention
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after she delivered a scathing dissent.
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Whether you agree with her
or not, you got to acknowledge
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she's been a force
on that court.
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Liberal hero,
Ruth bader ginsburg.
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As much as people admire her,
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they don't even know
the half of it.
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Kathleen peratis:
She was the queen.
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Harry Edwards: Ruth knew what she was doing
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in laying the foundation.
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Arthur Miller: To put women on exactly the same plane as men.
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Totenberg:
Ruth bader ginsburg
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quite literally changed the way the world is for American women.
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Twelve, 11, ten, nine, eight,
seven, six, five...
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Joe biden: Today the senate
judiciary committee welcomes
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judge Ruth bader ginsburg,
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the president's nominee
to be associate justice
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of
the United States supreme court.
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Judge do you swear the testimony
you are about to give
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will be the whole truth
and nothing but the truth,
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so help you god?
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- I do, Mr. chairman.
- Thank you.
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I am a brooklynite,
born and bred...
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A first-generation American
on my father's side...
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Barely second-generation
on my mother's.
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What has become of me
could happen...
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Only in America.
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Ruth: Neither of my parents had the means to attend college,
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but both taught me to love learning...
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To care about people...
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And to work hard for whatever I wanted or believed in.
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Ruth: My father was from Odessa
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and during his growing up years,
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Jews were no longer admitted to the Russian schools.
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Education
was terribly important.
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My mother was loving but also very strict,
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making sure I that I did my...
Homework, practice the piano,
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didn't stay out jumping rope
too long.
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I loved to do the things that boys did,
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when I was growing up.
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One of our favorite things
was climbing garage roofs
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from one roof to another,
leaping...
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Leaping over.
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Justice ginsburg,
we cannot call Ruth.
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- Right.
- We call her kiki.
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Ann kittener: She was beautiful.
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Big beautiful blue eyes, which you really can't see
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very well behind her glasses, very soft brown hair.
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She had this kind of quiet magnetism
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even though she was not effusive.
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Harryette helsel:
You always thought that she wasn't listening
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and that she didn't know what was going on
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but she knew what was going on.
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- She didn't do small talk.
- No, no small talk.
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And she didn't do girl chat
and she didn't get on the phone
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and talk with us about what happened on the weekend.
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She's a deep thinker.
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- She's an only child.
- No...
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She had a sister, I didn't know
her sister.
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- Her sister passed away.
- Right.
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Helsel: But she and her mom were very close,
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very, very close.
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Ruth: My mother died when I was 17.
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I wish I could've had her...
Longer.
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Well, her mother must have been
a very steely person
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because she had cancer
a long time
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and... and lived
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trying to get her child
through high school.
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Kittener: We were supposed to be at graduation.
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And then the night before we got a message
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that she would not be able to be part of this.
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We knew then that her mother had
passed away.
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Ruth: She had two... lessons that she repeated over and over.
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"Be a lady..."
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And "be independent."
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"Be a lady" meant don't allow yourself to be overcome
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by useless emotions like anger.
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And by "independent,"
she meant...
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It would be fine if you met
prince charming
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and lived happily ever after.
But...
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Be able to fend for yourself.
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In my lifetime, I expect to see
three, four,
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perhaps even more women
on the high court bench.
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Women not shaped
from the same mold,
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but of different complexions.
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I surely would not be
in this room today...
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Without the determined efforts
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of men and women who kept dreams
of equal citizenship alive.
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I have had the great good
fortune to share life...
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With a partner.
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Truly extraordinary
for his generation...
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A man who believed at age 18,
when we met,
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that a woman's work,
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whether at home or on the job...
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Is as important as a man's.
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I became a lawyer... in days...
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When women were not wanted
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by most members of the legal profession.
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I became a lawyer because Marty supported that choice...
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Unreservedly.
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Totenberg: So what was it
about Marty?
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Ruth: Marty and I met when I was 17, he was 18.
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I was in college.
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Cornell was a preferred school for...
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For daughters.
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In those days, there was a strict quota for women.
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There were four men to every woman...
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So for parents, Cornell was
the ideal place to send a girl.
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If she couldn't find
her man there, she was hopeless.
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My first semester at Cornell,
i never did a repeat date.
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Ruth: But then I met Marty, and there was something
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amazingly wonderful about this man.
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He was the first boy I ever knew who cared that I had a brain.
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Most guys in the '50s didn't.
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One of the sadnesses about the brilliant girls
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who attended Cornell is that they kind of suppressed
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how smart they were.
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But Marty was so confident of his own ability...
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So comfortable with himself,
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that he never regarded me as any kind of a threat.
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We all were struck
by the tremendous difference
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between Marty... and Ruth.
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Marty was the most gregarious, outgoing, life-of-the-party.
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Ruth was a really quite...
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Recessive in a way...
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Shy, quiet, soft voice
but they worked, they worked.
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Oh, he's so young.
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Ruth: Meeting Marty...
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Was by far the most fortunate
thing that ever happened to me.
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Marty was a man blessed
with a wonderful sense of humor.
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I tend to be rather sober.
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In those days, it was not a great time for our country.
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There was a red scare abroad in the land.
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Are you a member
of the communist party
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or have you ever been a member
of the communist party?
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It's unfortunate and tragic
that I have to teach
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this committee
the principles of americanism.
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Chairman: That's not
the question.
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Ruth: I had a government professor
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and he wanted me to see that our country was straying
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from its most basic values
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by some of our politicians
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who were seeing a communist in every closet.
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But that there were lawyers,
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who were defending the rights of these people to think,
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to speak, to write freely.
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Chairman: Stand away
from the stand!
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Fight for the bill of rights
you're trying to destroy.
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Chairman: Officer,
take this man
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away from the stand.
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Ruth: And then I got the idea that you could do something
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that would make your society a little better.
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My family had some reservations about this...
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But then when I married at the end of college,
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my family said, if she wants to be a lawyer let her try.
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If she can't succeed...
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She will have a husband to support her.
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That's me waiting to get
my diploma, very happy.
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- Yeah, see? That's a nice one.
- That's cute. Yeah.
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So, we have a whole slew
of pictures.
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They took them from every
possible angle.
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You know who that is?
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No.
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- It's Dean minow.
- Oh. Dean minow is so small.
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We're the same height!
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She's not that small,
she's probably taller than you.
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There's somebody in there.
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Clara spera: My brother and cousins and I all call her bubbe.
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It's the yiddish word for grandmother.
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It's what we've always
called bubbe.
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- Spera: Bubbe!
- Yes?
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Spera: Do you know if you have
fake sugar like splenda
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- or sweet n low?
- Yes, it should be someplace...
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Spera: That's helpful.
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I feel like I have
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my grandmotherly relationship
with her but also somewhat
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of a student scholarly
relationship to her as well now.
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She taught me that the way to win an argument
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is not to yell.
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Because often that will turn
people away more so,
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than bringing them
to your table.
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Spera: I don't know
what that says...
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I can't tell if...
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For extraordinary dedication
to the Harvard law school
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and efforts on its behalf.
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You know, this was
the 200th year of Harvard.
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So, it took 200 years for us...
We were the first class
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that was 50/50 women.
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So 50 percent men...
We were the first class.
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It takes 200... no. Yeah.
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Miller: Women did not come into the Harvard law school
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until the very early '50s.
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Two percent was about what it was back then.
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How did it feel to be one
of nine women in a class of...
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Over 500 men?
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You felt you were constantly on display.
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So if you were called on in class,
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you felt that, if you didn't perform well,
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that you were failing not justfor yourself but for all women.
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You also had the uncomfortable feeling
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that you were being watched.
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American antitrust policy...
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Brenda feigen: Harvard was a socratic method.
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So the professor would ask
a question
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and then you would be called on
to answer.
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The way it worked with women was they didn't call on us.
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I think they were afraid, we would sort of wither
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if we were subjected to that kind of questioning.
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Ruth: When I was sent to check a periodical, in lamont library
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in the old periodical room.
There was...
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A man at the door and he said,
"you can't come in."
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"Well, why can't I come in?"
"Because you're a female."
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There was nothing I could say,
this was a university employee,
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you can't come into that room.
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Ruth: And then there was the Dean's famous dinner
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for the women in the first year class.
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He asked each of us to stand upand tell him what we were doing
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00:16:18,578 --> 00:16:20,578
taking a seat...
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That could be occupied by a man.
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Ruth: There were many indignities
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that one took as just part of the scenery the way it was.
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When I got to Harvard law school
248
00:16:37,597 --> 00:16:40,732
and I'm really intimidated first year, Marty was saying,
249
00:16:40,734 --> 00:16:43,301
"oh my wife. She's going to be on the law review."
250
00:16:43,303 --> 00:16:48,439
There was a woman in the class ahead of mine and she said,
251
00:16:48,441 --> 00:16:50,041
"this husband of yours is boasting
252
00:16:50,043 --> 00:16:52,410
that you're going to be on the law review,
253
00:16:52,412 --> 00:16:54,145
you look like a little twerp!"
254
00:16:54,147 --> 00:16:57,281
To make the law review,
in those days you had to be
255
00:16:57,283 --> 00:17:03,755
in the top 25 academically,
of 530, 540.
256
00:17:03,757 --> 00:17:07,125
Her second year she makes the law review.
257
00:17:07,127 --> 00:17:12,697
So the mere fact marked her
as something special.
258
00:17:13,465 --> 00:17:14,499
Ruth: It turned out,
259
00:17:14,501 --> 00:17:19,003
that I did very well the first year and I attributed
260
00:17:19,005 --> 00:17:22,974
to having something very important in my life
261
00:17:22,976 --> 00:17:25,276
that wasn't the law books.
262
00:17:27,212 --> 00:17:33,217
I came to Harvard as the mother of a 14 month old child.
263
00:17:33,352 --> 00:17:36,120
I'd go to school...
264
00:17:36,188 --> 00:17:36,988
Study as hard as I can,
265
00:17:36,990 --> 00:17:41,359
in a very concentrated way, I didn't waste any time.
266
00:17:41,361 --> 00:17:45,430
Four o'clock in the afternoon our babysitter left
267
00:17:45,432 --> 00:17:46,731
and that was...
268
00:17:46,733 --> 00:17:50,268
My child's hours till she went...
269
00:17:50,736 --> 00:17:52,603
To sleep.
270
00:17:53,138 --> 00:17:56,674
Playing with my daughter gave me a respite
271
00:17:56,676 --> 00:18:01,612
from the kind of work I was doing at law school...
272
00:18:01,947 --> 00:18:05,383
And I think made me more sane.
273
00:18:07,920 --> 00:18:10,755
Miller: We knew that Marty was ill.
274
00:18:10,757 --> 00:18:14,092
We just knew he had his own battle
275
00:18:14,094 --> 00:18:19,564
and Ruth is now caring for both Marty and janey.
276
00:18:19,998 --> 00:18:23,701
Ruth: Marty in his third year of law school
277
00:18:23,703 --> 00:18:25,803
had a virulent cancer
278
00:18:25,805 --> 00:18:29,073
in days when there was no chemotherapy,
279
00:18:29,075 --> 00:18:32,176
there was only massive radiation.
280
00:18:33,545 --> 00:18:37,615
He'd go for the radiation, wake up about midnight
281
00:18:37,617 --> 00:18:44,255
when the only food that he ate for the day he could manage.
282
00:18:44,623 --> 00:18:49,360
And then I started typing the notes that his classmates
283
00:18:49,362 --> 00:18:51,062
had given me from his classes,
284
00:18:51,064 --> 00:18:55,399
reading whatever cases I would read for the next day
285
00:18:55,401 --> 00:18:59,137
and maybe I got two hours sleep.
286
00:18:59,571 --> 00:19:00,838
Totenberg: She did her own work,
287
00:19:00,840 --> 00:19:02,206
helped her husband with his work,
288
00:19:02,208 --> 00:19:05,409
organized his friends so they could help him with his work
289
00:19:05,411 --> 00:19:08,779
and took care of her two year old child.
290
00:19:08,947 --> 00:19:10,314
Fortunately Marty lived...
291
00:19:10,316 --> 00:19:16,020
But it's when she learned how to burn the candle at both ends.
292
00:19:31,036 --> 00:19:34,272
Jim ginsburg: One of the memories of my childhood would be
293
00:19:34,274 --> 00:19:35,506
waking up in the middle of the night
294
00:19:35,508 --> 00:19:38,409
and there mom would be spread
out over the dining room table
295
00:19:38,411 --> 00:19:44,415
with her legal pads, uh, and,
uh, the coffee in one hand,
296
00:19:44,417 --> 00:19:46,217
and the box of prunes
at the other.
297
00:19:46,219 --> 00:19:52,256
She will work until two, three,
four, five in the morning
298
00:19:52,258 --> 00:19:54,926
sometimes even, uh, later,
299
00:19:54,928 --> 00:19:57,228
then she will get up, she has a sitting
300
00:19:57,230 --> 00:20:00,598
she would have to be at the court before nine,
301
00:20:00,600 --> 00:20:03,701
and then she sleeps
the entire weekend.
302
00:20:04,403 --> 00:20:06,003
So she catches up.
303
00:20:07,307 --> 00:20:11,008
Lisa frelinghuysen:
The sweet thing about working for a justice
304
00:20:11,010 --> 00:20:12,043
who works extremely hard
305
00:20:12,045 --> 00:20:16,447
is that we saw Marty come
to chambers often...
306
00:20:16,515 --> 00:20:18,616
To lure her home.
307
00:20:18,618 --> 00:20:22,687
He would say, "Ruth, it's time to come home to dinner."
308
00:20:22,689 --> 00:20:27,258
She sometimes had to be physically brought home.
309
00:20:28,794 --> 00:20:32,597
Miller: Marty graduated from the Harvard law school
310
00:20:32,599 --> 00:20:35,967
and was going to a firm in New York.
311
00:20:35,969 --> 00:20:39,937
That was when Ruth finished her second year,
312
00:20:40,305 --> 00:20:41,172
given Marty,
313
00:20:41,174 --> 00:20:44,709
given his recent illness,
they had to remain together,
314
00:20:44,711 --> 00:20:46,577
and the logical place
was New York
315
00:20:46,579 --> 00:20:49,380
and the best option
was Columbia.
316
00:20:50,716 --> 00:20:54,018
Ruth: When I graduated from Columbia law school
317
00:20:54,020 --> 00:20:55,052
in 1959,
318
00:20:55,054 --> 00:20:59,824
not a law firm in the entire city of New York
319
00:20:59,826 --> 00:21:01,792
would employ me.
320
00:21:01,927 --> 00:21:05,930
Miller: Four of usfrom my class, Marty's class,
321
00:21:05,932 --> 00:21:07,231
went to the same law firm
322
00:21:07,233 --> 00:21:11,636
and two of us went to the hiring partner
323
00:21:11,638 --> 00:21:12,903
and said...
324
00:21:12,905 --> 00:21:15,539
We had somebody
on the Harvard law review
325
00:21:15,541 --> 00:21:18,075
that we think is the cat's meow,
326
00:21:18,077 --> 00:21:21,579
we think this firm should hire
her.
327
00:21:21,581 --> 00:21:25,449
As soon as I used the "she"
pronoun...
328
00:21:25,717 --> 00:21:28,853
The senior partner looked at me
and says, "young man...
329
00:21:28,855 --> 00:21:34,659
You don't seem to understand.
This firm doesn't hire women."
330
00:21:34,661 --> 00:21:37,161
She hadn't quite figured out,
331
00:21:37,163 --> 00:21:38,863
why it was that there were
these barriers.
332
00:21:38,865 --> 00:21:42,733
It wasn't until later
that this all came together
333
00:21:42,735 --> 00:21:45,503
- and became her life's work in,
- yes.
334
00:21:45,505 --> 00:21:48,606
In fighting these injustices.
335
00:21:49,308 --> 00:21:53,477
Ruth: Being a woman was an impediment.
336
00:21:56,848 --> 00:21:58,516
Feigen: We did not have equal rights
337
00:21:58,518 --> 00:22:01,986
and equal recognition in the law at all.
338
00:22:02,187 --> 00:22:06,190
Totenberg: There were not hundreds but thousands of state
339
00:22:06,192 --> 00:22:11,062
and federal laws all over
this country that discriminated
340
00:22:11,064 --> 00:22:12,330
on the basis of gender.
341
00:22:12,332 --> 00:22:15,633
Typical laws of the time like,
342
00:22:15,635 --> 00:22:22,473
"the husband is the master
of the community.
343
00:22:22,475 --> 00:22:27,111
He shall choose where the family
will live
344
00:22:27,113 --> 00:22:31,716
and the woman is obliged
to follow him."
345
00:22:53,872 --> 00:22:56,574
There's no aspect
of American life
346
00:22:56,576 --> 00:22:59,410
in which you were not treated
differently.
347
00:22:59,412 --> 00:23:01,312
The idea was that...
348
00:23:01,314 --> 00:23:05,416
Men were the breadwinners
that counted
349
00:23:05,418 --> 00:23:07,718
and women were...
350
00:23:07,786 --> 00:23:10,087
Pin money earners.
351
00:23:10,255 --> 00:23:14,725
So women woke up and complained.
352
00:23:45,458 --> 00:23:50,060
There came to be such a mass
and a majority of women really
353
00:23:50,062 --> 00:23:55,366
who understood that they were
not crazy, the system was crazy.
354
00:23:55,368 --> 00:23:59,036
Gloria steinem: Now,
thanks to the spirit
of equality in the air,
355
00:23:59,038 --> 00:24:02,606
I no longer accept
society's judgment
356
00:24:02,608 --> 00:24:05,075
that my group is second class.
357
00:24:05,777 --> 00:24:08,813
Wendy Williams: But marching and demonstrating
358
00:24:08,815 --> 00:24:10,281
just wasn't Ruth's thing.
359
00:24:10,283 --> 00:24:15,252
Her thing was to use the skills she had and put them to work
360
00:24:15,254 --> 00:24:16,854
and those were her legal skills.
361
00:24:16,856 --> 00:24:21,459
In 1963, she started at rutgers
as a law professor.
362
00:24:21,461 --> 00:24:23,961
And really inspired
by her students,
363
00:24:23,963 --> 00:24:25,663
she agreed to teach a course
364
00:24:25,665 --> 00:24:28,566
in this new subject of gender and law.
365
00:24:28,568 --> 00:24:30,301
Ruth: In the late 60's,
366
00:24:30,303 --> 00:24:35,206
some of the students wanted a course in women and the law.
367
00:24:35,208 --> 00:24:36,907
Williams: That's also when...
368
00:24:36,909 --> 00:24:40,945
She began dealing with sex discrimination cases.
369
00:24:40,947 --> 00:24:45,349
And that was her entre into becoming a litigator.
370
00:24:45,351 --> 00:24:48,986
Aryeh neier: The emergence of a women's rights movement
371
00:24:48,988 --> 00:24:53,324
had the possibility of playing the role in the 1970s
372
00:24:53,326 --> 00:24:57,394
that the black civil rights movement had played
373
00:24:57,396 --> 00:24:58,128
in the 1960s.
374
00:24:58,130 --> 00:25:03,234
And so I was particularly eager
to create a special project
375
00:25:03,236 --> 00:25:04,335
dealing with women's rights.
376
00:25:04,337 --> 00:25:08,772
I got a call from the aclu
asking me if I would consider
377
00:25:08,774 --> 00:25:10,441
running the women's rights
project
378
00:25:10,443 --> 00:25:12,776
with professor Ruth bader
ginsburg.
379
00:25:12,778 --> 00:25:15,179
Whom I had heard
of but I did not know.
380
00:25:15,181 --> 00:25:16,947
I met Ruth the first day I was there.
381
00:25:16,949 --> 00:25:22,553
She seemed very polite and quiet and reserved. Not a firebrand.
382
00:25:22,555 --> 00:25:26,557
Neier: She wouldn't speak up a great deal during meetings.
383
00:25:26,559 --> 00:25:29,760
She always addressed whatever point there was.
384
00:25:29,762 --> 00:25:33,430
There wasn't any peripheral
element of it.
385
00:25:33,432 --> 00:25:36,333
- Betsy west: No small talk.
- No small talk.
386
00:25:36,335 --> 00:25:38,502
None that I can recall.
387
00:25:39,404 --> 00:25:40,804
Feigen: At that point in time,
388
00:25:40,806 --> 00:25:44,508
Ruth was developing her philosophy to take cases
389
00:25:44,510 --> 00:25:45,643
that would make good law.
390
00:25:45,645 --> 00:25:49,446
If the case is going to be
on its way to the supreme court,
391
00:25:49,448 --> 00:25:52,550
we wanted to be involved
and we wanted to...
392
00:25:52,552 --> 00:25:54,785
Frankly, take over the case.
393
00:25:54,920 --> 00:25:56,320
Totenberg: She was following in the footsteps
394
00:25:56,322 --> 00:25:59,323
of the great civil rights lawyer thurgood Marshall, who was
395
00:25:59,325 --> 00:26:02,526
the architect of the battle for racial equality
396
00:26:02,528 --> 00:26:05,663
basing it on the clause of the constitution
397
00:26:05,665 --> 00:26:08,465
that guarantees equal protection of the law.
398
00:26:08,467 --> 00:26:13,938
She wanted it to apply to equal protection for women.
399
00:26:14,272 --> 00:26:18,075
My first argument before
the U.S. supreme court
400
00:26:18,077 --> 00:26:21,378
was in frontiero v. Richardson.
401
00:26:27,452 --> 00:26:32,690
Sharron frontiero: I was, way back in the 1970s, a...
402
00:26:32,692 --> 00:26:35,359
Second lieutenant
in the air force.
403
00:26:36,227 --> 00:26:40,264
I went in the military because I needed the money.
404
00:26:40,266 --> 00:26:43,233
Air force ad: Who says a woman has to settle for a routine job
405
00:26:43,235 --> 00:26:45,169
just because she's a woman? Discover
406
00:26:45,171 --> 00:26:48,906
the United States air force and you'll discover the world.
407
00:26:48,908 --> 00:26:51,976
Frontiero: I was newly out of college, this was a new job,
408
00:26:51,978 --> 00:26:57,915
I had just married, so it was
the start of new everything.
409
00:26:59,551 --> 00:27:04,355
It became clear pretty quicklythat the men I was working with
410
00:27:04,357 --> 00:27:06,390
who were married got a housing allowance
411
00:27:06,392 --> 00:27:09,693
and I wasn't getting paid a housing allowance
412
00:27:09,695 --> 00:27:12,229
'cause I was a woman.
413
00:27:12,664 --> 00:27:14,565
I assumed it was a mistake
414
00:27:14,567 --> 00:27:20,104
so I went off to the pay office to correct the mistake.
415
00:27:20,106 --> 00:27:22,706
"You're lucky we let you
in here at all.
416
00:27:22,708 --> 00:27:27,344
You're lucky that the air force
allows you to serve,"
417
00:27:27,346 --> 00:27:29,880
was what I heard right off
the bat.
418
00:27:29,882 --> 00:27:32,016
It took me aback and then
i figured,
419
00:27:32,018 --> 00:27:36,954
well you know, here's one bigot,
so I'll just keep asking around
420
00:27:36,956 --> 00:27:39,323
and it became very clear
very quickly
421
00:27:39,325 --> 00:27:41,558
that there was no different
story.
422
00:27:41,560 --> 00:27:45,095
So we went to see a lawyer and I still thought it was
423
00:27:45,097 --> 00:27:48,298
a matter of getting a lawyer to write a letter for me.
424
00:27:48,300 --> 00:27:50,434
Just write a letter, have the right information.
425
00:27:50,436 --> 00:27:54,672
I'm clearly in the same category as these other men.
426
00:27:54,674 --> 00:27:56,006
The lawyer said to me,
427
00:27:56,008 --> 00:27:57,875
"this isn't
an administrative error.
428
00:27:57,877 --> 00:28:01,512
This is the law and it's going
to have to be rectified
429
00:28:01,514 --> 00:28:02,146
with a lawsuit
430
00:28:02,148 --> 00:28:04,915
and if you're willing,
we'll take you on."
431
00:28:04,917 --> 00:28:07,184
Feigen: Ruth and I heard about it
432
00:28:07,186 --> 00:28:11,689
and immediately let the lawyer for sharron frontiero
433
00:28:11,691 --> 00:28:12,589
know we were interested.
434
00:28:12,591 --> 00:28:16,560
It was very important to us
to have a part in that case.
435
00:28:16,562 --> 00:28:17,928
Frontiero: Nice girls didn't file lawsuits.
436
00:28:17,930 --> 00:28:23,267
Particularly after they had been let into the service at all.
437
00:28:23,269 --> 00:28:24,268
You know, what more did I want?
438
00:28:24,270 --> 00:28:27,104
Well, I just wanted to be
treated like everybody else did.
439
00:28:27,106 --> 00:28:29,740
But there was the sense
and there still is the sense,
440
00:28:29,742 --> 00:28:35,679
that nice girls don't speak up,
nice girls don't make demands.
441
00:28:36,748 --> 00:28:40,951
Ah well, too bad.
442
00:28:41,252 --> 00:28:43,854
It went to the district court in Alabama.
443
00:28:43,856 --> 00:28:49,093
We lost and the next court to go to was the supreme court.
444
00:28:49,095 --> 00:28:52,963
Feigen: Ruth and I set to work to write the brief.
445
00:28:52,965 --> 00:28:55,499
I would write a section
and Ruth would take it
446
00:28:55,501 --> 00:29:00,104
and it would come back in
a wonderfully brilliant fashion.
447
00:29:00,106 --> 00:29:01,805
Every word of it was carefully...
448
00:29:01,807 --> 00:29:05,609
I mean Ruth went over every single word.
449
00:29:07,746 --> 00:29:10,581
What we wanted was a review of cases
450
00:29:10,583 --> 00:29:14,618
that the court would say, sex discrimination doesn't work.
451
00:29:14,620 --> 00:29:18,822
And it would be a broad command
basically to legislatures
452
00:29:18,824 --> 00:29:22,025
to get rid of statutes
that discriminate on the basis
453
00:29:22,027 --> 00:29:23,994
of... of gender.
454
00:29:23,996 --> 00:29:28,132
But she also added to make the point much more poignant,
455
00:29:28,134 --> 00:29:30,901
the history of women and the way we were treated
456
00:29:30,903 --> 00:29:34,772
throughout America and its beginnings.
457
00:29:52,123 --> 00:29:55,092
She captured for the male members of the court
458
00:29:55,094 --> 00:29:58,428
what it was like to be a second class citizen.
459
00:30:12,577 --> 00:30:15,479
Williams: Frontiero went to the court.
460
00:30:15,481 --> 00:30:17,981
Ruth ginsburg, for the first time,
461
00:30:17,983 --> 00:30:19,249
made an oral argument.
462
00:30:19,251 --> 00:30:21,585
She split her time with the lawyer,
463
00:30:21,587 --> 00:30:25,522
the man who had begun the case
in Alabama.
464
00:30:27,926 --> 00:30:31,028
Ruth: It was an afternoon argument.
465
00:30:31,030 --> 00:30:33,430
So I was first up in the afternoon
466
00:30:33,432 --> 00:30:37,034
and I didn't dare have lunch that day.
467
00:30:37,036 --> 00:30:38,035
Feigen: She seemed nervous.
468
00:30:38,037 --> 00:30:42,005
Her eyes were wide with sort of anticipation.
469
00:30:46,144 --> 00:30:52,716
It's very intense and austere and important
470
00:30:52,718 --> 00:30:53,417
and very male
471
00:30:53,419 --> 00:30:56,119
and it's the whole thing feels like.
472
00:30:56,121 --> 00:30:59,556
I was... I was really kind
of scared.
473
00:31:00,191 --> 00:31:02,759
We sat down at the counsel table
474
00:31:02,761 --> 00:31:05,729
and had all these huge casebooks
475
00:31:05,731 --> 00:31:07,931
for me to help her with cites.
476
00:31:07,933 --> 00:31:11,401
And the court began
with the "oyez oyez,"
477
00:31:11,403 --> 00:31:14,204
and the "here we are."
478
00:31:14,206 --> 00:31:18,141
Court officer: Oyez oyez oyez.
479
00:31:18,143 --> 00:31:19,476
All persons having business
480
00:31:19,478 --> 00:31:21,211
before the supreme court of the United States
481
00:31:21,213 --> 00:31:24,815
are admonished to draw near and give their attention
482
00:31:24,817 --> 00:31:26,850
for the court is now sitting.
483
00:31:28,520 --> 00:31:32,823
- Chief justice: Mrs. ginsburg.
- Ruth: I was terribly, terribly
484
00:31:32,825 --> 00:31:35,225
nervous but then I looked up
485
00:31:35,227 --> 00:31:36,994
at the justices
486
00:31:36,996 --> 00:31:41,131
and I thought, "i have a captive audience."
487
00:31:41,133 --> 00:31:43,567
I knew that I was speaking to men,
488
00:31:43,569 --> 00:31:46,169
who didn't think there was any such thing
489
00:31:46,171 --> 00:31:48,672
as gender-based discrimination.
490
00:31:48,674 --> 00:31:53,844
And my job was to tell them it really exists.
491
00:32:00,351 --> 00:32:03,420
Ruth:
492
00:32:49,834 --> 00:32:55,272
There was not a single question.
I just went on speaking
493
00:32:55,274 --> 00:32:57,874
and I, at the time...
494
00:32:57,876 --> 00:33:04,181
Wondered, "are they just
indulging me and not listening
495
00:33:04,183 --> 00:33:08,986
or am I telling them something
they haven't heard before
496
00:33:08,988 --> 00:33:11,321
and are they paying attention?"
497
00:33:12,490 --> 00:33:16,026
Feigen: The justices were just glued to her.
498
00:33:16,028 --> 00:33:16,860
I don't think they were
499
00:33:16,862 --> 00:33:20,030
expecting to have to deal with something as powerful
500
00:33:20,032 --> 00:33:25,268
as a sheer force of her argument
that was just all encompassing
501
00:33:25,270 --> 00:33:27,304
and they were there to talk
about a little statute
502
00:33:27,306 --> 00:33:30,407
in the government code.
I mean, it was just...
503
00:33:30,409 --> 00:33:35,212
We seized the moment
to change American society.
504
00:33:35,947 --> 00:33:38,615
Ruth: In asking the court to declare sex
505
00:33:38,617 --> 00:33:40,751
a suspect criterion...
506
00:33:40,753 --> 00:33:47,190
We urge a position forcibly stated in 1837 by Sara grimke,
507
00:33:47,192 --> 00:33:48,492
noted abolitionist
508
00:33:48,494 --> 00:33:51,762
and advocate of equal rights for men and women.
509
00:33:51,764 --> 00:33:57,701
She said, "i ask no favor for my sex.
510
00:33:57,769 --> 00:34:00,137
All I ask of our brethren
511
00:34:00,139 --> 00:34:04,841
is that they take their feet
off our necks."
512
00:34:09,881 --> 00:34:12,215
Frontiero: We were told about the decision
513
00:34:12,217 --> 00:34:13,250
when a reporter called us up
514
00:34:13,252 --> 00:34:16,853
and said, "it went in your favor
today, how do you feel?"
515
00:34:16,855 --> 00:34:19,456
I said, "i feel fine,
thank you very much!"
516
00:34:19,458 --> 00:34:21,124
We were both happy
that we won the case.
517
00:34:21,126 --> 00:34:23,994
Let's be clear about it,
we won the case. But...
518
00:34:23,996 --> 00:34:28,565
We lost the standard of review
that we wanted by one vote.
519
00:34:28,633 --> 00:34:31,902
Williams: She tried to make the case,
520
00:34:31,904 --> 00:34:34,271
that sex discrimination should be treated
521
00:34:34,273 --> 00:34:36,139
like race discrimination.
522
00:34:36,141 --> 00:34:40,110
Four justices signed
onto that idea.
523
00:34:40,112 --> 00:34:42,746
The problem was you need five.
524
00:34:43,514 --> 00:34:45,082
Ruth: I said...
525
00:34:46,517 --> 00:34:48,218
It's too soon.
526
00:34:49,287 --> 00:34:51,488
My expectation, to be candid,
527
00:34:51,490 --> 00:34:55,592
was that I would repeat
that kind of argument...
528
00:34:56,994 --> 00:34:58,795
Maybe half a dozen times.
529
00:34:58,797 --> 00:35:03,633
I didn't expect it to happen
in one fell swoop.
530
00:35:03,635 --> 00:35:08,438
I think generally
in our society, real change...
531
00:35:09,040 --> 00:35:12,309
Enduring change,
happens one step at a time.
532
00:35:12,311 --> 00:35:16,513
The legal strategy of one step
at a time in the '70s
533
00:35:16,515 --> 00:35:17,948
was a conservative strategy
534
00:35:17,950 --> 00:35:22,052
but the goal was equality and civil rights
535
00:35:22,054 --> 00:35:26,790
and that's who she always was and who she is now.
536
00:35:31,729 --> 00:35:37,067
Frelinghuysen:
She is very disciplined but she has passions
537
00:35:37,069 --> 00:35:39,736
that she really enjoys.
538
00:35:39,738 --> 00:35:41,972
She loves the opera.
539
00:35:43,674 --> 00:35:45,976
Spera: She goes to multiple opera festivals
540
00:35:45,978 --> 00:35:48,979
and the whole family
will go with her.
541
00:35:48,981 --> 00:35:51,781
I think it is a place of tranquility
542
00:35:51,783 --> 00:35:56,520
that is outside of the demands of her job.
543
00:36:10,401 --> 00:36:14,004
Ruth: When I am at an opera...
544
00:36:14,006 --> 00:36:16,139
I get totally carried away.
545
00:36:16,141 --> 00:36:20,277
I don't think about the case that's coming up next week,
546
00:36:20,279 --> 00:36:23,513
or the brief that I'm in the middle of.
547
00:36:25,650 --> 00:36:31,254
I'm overwhelmed by the beauty
of the music, the drama.
548
00:36:31,455 --> 00:36:34,224
And the sound of
the human voice...
549
00:36:34,226 --> 00:36:38,228
It's like an electric current
going through me.
550
00:36:55,213 --> 00:37:00,784
Ruth: Justice and mercy, they're all in opera.
551
00:37:00,786 --> 00:37:03,553
Very grand emotions.
552
00:37:12,597 --> 00:37:15,932
Ruth: A young man had a tragic experience.
553
00:37:15,934 --> 00:37:19,236
His wife hadan entirely healthy pregnancy,
554
00:37:19,238 --> 00:37:23,473
and he was told that he had a healthy baby boy
555
00:37:23,475 --> 00:37:25,542
but his wife had died.
556
00:37:25,544 --> 00:37:28,411
Stephen wiesenfeld:
The problem was amniotic embolism
557
00:37:28,413 --> 00:37:32,282
and at that particular point nobody had ever survived that.
558
00:37:32,284 --> 00:37:35,352
They did keep her alive
for about four hours
559
00:37:35,354 --> 00:37:36,987
but by 3:30 in the afternoon,
560
00:37:36,989 --> 00:37:40,790
the code blue came along
and she died.
561
00:37:43,461 --> 00:37:46,296
Jason was a very easy child.
562
00:37:46,298 --> 00:37:49,232
My attitude towards raising a child is that,
563
00:37:49,234 --> 00:37:53,103
a child is not there for me, I'm there for him!
564
00:37:53,105 --> 00:37:54,504
And that's what my job was.
565
00:37:54,506 --> 00:37:56,773
Ruth: He determined that he was going to be
566
00:37:56,775 --> 00:38:00,043
a care-giving parent to that child.
567
00:38:00,045 --> 00:38:02,779
He went to the local
social security office
568
00:38:02,781 --> 00:38:06,883
and asked about the benefits
he thought...
569
00:38:07,084 --> 00:38:10,320
A sole surviving parent
could get.
570
00:38:10,554 --> 00:38:11,154
And he was told,
571
00:38:11,156 --> 00:38:14,324
"well, that benefit is called
a mother's benefit,"
572
00:38:14,925 --> 00:38:17,060
and he didn't qualify.
573
00:38:17,428 --> 00:38:19,095
So, he wrote a letter to the editor
574
00:38:19,097 --> 00:38:21,731
of his local newspaper. And he said, "i have heard
575
00:38:21,733 --> 00:38:25,635
a lot about women's lib. Let me tell you my story."
576
00:38:25,637 --> 00:38:27,537
Wiesenfeld: "To the editor. It has been my misfortune
577
00:38:27,539 --> 00:38:32,108
to discover that a male cannot collect social security benefits
578
00:38:32,110 --> 00:38:32,776
as a woman can.
579
00:38:32,778 --> 00:38:34,944
Had I been paying into the social security system
580
00:38:34,946 --> 00:38:38,682
and had I died, she would havebeen able to receive a benefit.
581
00:38:38,684 --> 00:38:40,250
But male homemakers cannot.
582
00:38:40,252 --> 00:38:44,120
I wonder if Gloria steinem knows
about this.
583
00:38:46,190 --> 00:38:52,028
Ruth took a case in which a man
was discriminated against
584
00:38:52,030 --> 00:38:53,496
in order to show...
585
00:38:53,498 --> 00:38:58,802
The depth and the importance
of sex discrimination.
586
00:38:59,003 --> 00:39:01,271
Very intelligent thing to do.
587
00:39:01,273 --> 00:39:06,543
Wiesenfeld: We appeared in the U.S. supreme court in 1975.
588
00:39:06,977 --> 00:39:09,946
When we got to the courtroom, she sat me down
589
00:39:09,948 --> 00:39:11,081
at the table with her,
590
00:39:11,083 --> 00:39:14,017
she just wanted a male presence to be at that table
591
00:39:14,019 --> 00:39:17,887
so that the justices would have something to identify with.
592
00:39:17,889 --> 00:39:19,789
That was a part of her strategy.
593
00:39:19,791 --> 00:39:22,959
She was trying to convince
members of the supreme court
594
00:39:22,961 --> 00:39:29,232
who were mostly white, male,
privileged class at that time.
595
00:39:30,568 --> 00:39:34,671
Ruth:
596
00:39:47,752 --> 00:39:49,786
She knew exactly
what she was doing
597
00:39:49,788 --> 00:39:52,522
and it was a very shrewd
strategy.
598
00:39:53,324 --> 00:39:58,395
Ruth: That case resulted in a unanimous judgment
599
00:39:58,397 --> 00:40:00,864
in Stephen wiesenfeld's favor.
600
00:40:01,432 --> 00:40:03,233
His case was the perfect example
601
00:40:03,235 --> 00:40:08,972
of how gender-based
discrimination hurts everyone.
602
00:40:08,974 --> 00:40:12,675
Kathleen peratis:
Ruth's conception of the strategy led
603
00:40:12,677 --> 00:40:16,446
to a whole string of litigation
for the next decade.
604
00:40:16,448 --> 00:40:21,951
Neier: She wanted to build the idea of women's equality
605
00:40:21,953 --> 00:40:29,292
step by step to use each case
to move things forward.
606
00:40:29,294 --> 00:40:32,796
It was like knitting a sweater.
607
00:40:43,374 --> 00:40:46,576
Ruth:
608
00:41:00,491 --> 00:41:03,760
Ruth:
609
00:41:15,039 --> 00:41:16,306
Ruth:
610
00:41:16,308 --> 00:41:18,374
They didn't get it.
They didn't understand
611
00:41:18,376 --> 00:41:20,510
the issues that women
were facing
612
00:41:20,512 --> 00:41:23,279
or they didn't see them
as issues.
613
00:41:23,281 --> 00:41:27,450
'Cause women had, in their minds
women had a place
614
00:41:27,452 --> 00:41:28,818
and it wasn't...
615
00:41:28,820 --> 00:41:33,022
Where Ruth ginsburg was
suggesting that it ought to be.
616
00:41:33,123 --> 00:41:36,459
Ruth:
617
00:41:45,070 --> 00:41:47,704
West: When they would say
things like this,
618
00:41:47,706 --> 00:41:49,272
how did you respond?
619
00:41:49,274 --> 00:41:52,842
Well, never in anger,
as my mother told me.
620
00:41:52,844 --> 00:41:55,478
That would've been
self-defeating.
621
00:41:55,480 --> 00:41:59,682
Always as an opportunity
to teach.
622
00:41:59,684 --> 00:42:02,652
I did see myself as kind
of a kindergarten teacher,
623
00:42:02,654 --> 00:42:05,955
in those days,
because the judges...
624
00:42:05,957 --> 00:42:10,260
Didn't think sex...
Sex discrimination existed.
625
00:42:10,262 --> 00:42:14,731
Well, one of the things I tried
to plant in their minds was...
626
00:42:14,733 --> 00:42:18,468
Think about how you would like
the world to be
627
00:42:18,470 --> 00:42:21,404
for your daughters
and granddaughters.
628
00:42:21,605 --> 00:42:27,176
Ruth:
629
00:42:28,879 --> 00:42:32,916
One of the things that I'm
struck by, as I look back on it,
630
00:42:32,918 --> 00:42:37,053
is how unprepared the defendants
were to fight back.
631
00:42:37,055 --> 00:42:39,389
We won because the strategy was
brilliant,
632
00:42:39,391 --> 00:42:42,959
we won because we were smart
and prepared and we fought hard.
633
00:42:42,961 --> 00:42:46,963
You couldn't miss what Ruth
was doing during the '70s.
634
00:42:46,965 --> 00:42:53,503
She was creating
a legal landscape.
635
00:43:00,811 --> 00:43:04,547
She was doing something
that was...
636
00:43:04,782 --> 00:43:05,882
Incredibly important
637
00:43:05,884 --> 00:43:10,653
to American women whether they knew it or not.
638
00:43:13,123 --> 00:43:17,226
Just the thought that I might
catch a glimpse of her is...
639
00:43:17,228 --> 00:43:18,561
Overwhelming.
640
00:43:18,563 --> 00:43:20,630
I have a mug of her in my room
it says,
641
00:43:20,632 --> 00:43:22,599
- "herstory in the making."
- I have her sticker
642
00:43:22,601 --> 00:43:25,335
- on my computer!
- I just ordered tons of merch.
643
00:43:25,337 --> 00:43:28,905
Notorious rbg. We're here to get
our books signed.
644
00:43:28,907 --> 00:43:32,175
Shana knizhnik:
I think it's easy to take for granted
645
00:43:32,177 --> 00:43:37,647
the position that young women
can have in today's society.
646
00:43:37,649 --> 00:43:42,652
And that's a lot in thanks
to justice ginsburg's work.
647
00:43:43,120 --> 00:43:47,023
Irin carmon: Who is more disdained or told to go away
648
00:43:47,025 --> 00:43:47,824
than an older woman?
649
00:43:47,826 --> 00:43:51,327
But here's an older woman
who people really want to hear
650
00:43:51,329 --> 00:43:53,563
everything that she has to say.
651
00:43:54,164 --> 00:43:56,199
Aaron saiger: I have been given
questions from the students
652
00:43:56,201 --> 00:43:59,402
about what it's like to be
justice Ruth bader ginsburg.
653
00:43:59,404 --> 00:44:02,672
- Do you have a smartphone?
654
00:44:02,674 --> 00:44:05,341
Yes, the answer is yes.
655
00:44:05,343 --> 00:44:08,778
I had, in fact,
two until they took
656
00:44:08,780 --> 00:44:10,046
the BlackBerry away from me
657
00:44:10,048 --> 00:44:13,016
saying, "nobody uses that
anymore."
658
00:44:13,317 --> 00:44:17,320
Uh, what do I use it for?
Not for selfies.
659
00:44:19,456 --> 00:44:20,990
You have said in public
many times,
660
00:44:20,992 --> 00:44:24,193
that the ideal number of women
for the supreme court
661
00:44:24,195 --> 00:44:25,795
of the United States is nine.
662
00:44:25,797 --> 00:44:27,730
Yes, of course...
663
00:44:28,499 --> 00:44:29,666
- Saiger: Uh...
- Why not?
664
00:44:29,668 --> 00:44:34,537
Nine men was a satisfactory
number until 1981.
665
00:44:34,539 --> 00:44:38,574
But the change in the
federal judiciary as a whole
666
00:44:38,576 --> 00:44:40,677
has been enormous.
667
00:44:40,811 --> 00:44:42,545
But it wasn't until...
668
00:44:42,547 --> 00:44:45,148
Jimmy Carter became president,
669
00:44:45,150 --> 00:44:48,117
he looked around
at the federal judiciary,
670
00:44:48,119 --> 00:44:51,988
and he said, "don't they all
look like me?
671
00:44:51,990 --> 00:44:57,326
But that's not how the great
United States looks."
672
00:44:57,761 --> 00:45:00,830
Edwards: When president Carter was elected, he said,
673
00:45:00,832 --> 00:45:03,499
"there are almost no women and there are almost
674
00:45:03,501 --> 00:45:05,968
no African Americans on the federal bench
675
00:45:05,970 --> 00:45:08,905
and I am determined to change that."
676
00:45:09,673 --> 00:45:15,244
Justice ginsburg and I were two
of the people who benefitted
677
00:45:15,246 --> 00:45:16,846
from that promise.
678
00:45:17,748 --> 00:45:21,617
Ruth was nominated in 1980 and we became colleagues
679
00:45:21,619 --> 00:45:25,855
on the U.S. court of appeals for the DC circuit.
680
00:45:25,857 --> 00:45:29,325
Woman: Judge ginsburg did you
always want to be a judge?
681
00:45:30,360 --> 00:45:36,165
The law is something
that I think I deal with well.
682
00:45:36,167 --> 00:45:36,933
Uh...
683
00:45:36,935 --> 00:45:40,803
I don't have the kind of talent
that could make one say
684
00:45:40,805 --> 00:45:43,439
a great opera singer.
685
00:45:51,682 --> 00:45:55,952
Ruth: I wanted to be active in the law.
686
00:45:56,553 --> 00:46:03,226
The law is a consuming, uh, love
for me.
687
00:46:03,694 --> 00:46:05,695
Edwards: When she first started on the bench,
688
00:46:05,697 --> 00:46:09,198
after we hear cases we go
into a conference room
689
00:46:09,200 --> 00:46:13,202
and the three judges confer
and we think about
690
00:46:13,204 --> 00:46:15,104
how we should decide the cases.
691
00:46:15,106 --> 00:46:18,908
Ruth was sufficiently confidentin herself in the early days.
692
00:46:18,910 --> 00:46:21,811
She would say, "this is a very straightforward case.
693
00:46:21,813 --> 00:46:24,280
I have a prepared judgment
for us"
694
00:46:24,282 --> 00:46:28,351
and this was before we conferred
on the case and initially
695
00:46:28,353 --> 00:46:30,119
we were all taken aback like,
696
00:46:30,121 --> 00:46:32,955
"no wait, wait, Ruth you can't
do that."
697
00:46:33,023 --> 00:46:33,856
She was always right,
698
00:46:33,858 --> 00:46:35,892
the judgments that she had prepared were right.
699
00:46:35,894 --> 00:46:39,095
But we said, "no, we have to go
through the motions
700
00:46:39,097 --> 00:46:44,000
of talking first before you give
us the result."
701
00:46:44,067 --> 00:46:47,303
Ruth: When I was appointed to the DC circuit,
702
00:46:47,305 --> 00:46:50,573
so often people would come up to me and say, "it must be
703
00:46:50,575 --> 00:46:53,743
hard for you commuting back and forth to New York."
704
00:46:53,745 --> 00:46:59,182
They couldn't imagine that a man would leave his work
705
00:46:59,184 --> 00:47:02,218
to follow his... his wife.
706
00:47:02,286 --> 00:47:06,656
He... had been
extraordinarily successful
707
00:47:06,658 --> 00:47:09,559
as a practicing lawyer
in New York.
708
00:47:09,561 --> 00:47:11,060
There were people who would say,
709
00:47:11,062 --> 00:47:13,696
he was the best tax lawyer
in the city of New York
710
00:47:13,698 --> 00:47:17,033
and believe me that is saying
something.
711
00:47:17,035 --> 00:47:18,668
He was...
712
00:47:19,169 --> 00:47:20,736
Okay playing second fiddle.
713
00:47:20,738 --> 00:47:24,173
In fact, he would make a joke
of it always, he would say,
714
00:47:24,175 --> 00:47:27,543
"i moved to Washington
because my wife got a good job."
715
00:47:27,545 --> 00:47:31,848
Woman: How much advice
do you give each other?
716
00:47:37,988 --> 00:47:39,155
Well...
717
00:47:40,024 --> 00:47:43,459
Marty was the funny one
in the family and she loved it
718
00:47:43,461 --> 00:47:47,196
and you could see the twinkle
in her eye when he would do
719
00:47:47,198 --> 00:47:49,298
his funny little quips
and jokes.
720
00:47:49,300 --> 00:47:50,132
As a general rule,
721
00:47:50,134 --> 00:47:53,836
my wife does not give me
any advice about cooking
722
00:47:53,838 --> 00:47:56,906
and I do not give her any advice
about the law.
723
00:47:56,908 --> 00:48:00,243
This seems to work quite well
on both sides.
724
00:48:01,212 --> 00:48:05,448
My father was very outgoing,
very fun person,
725
00:48:05,450 --> 00:48:07,650
and I think he helped, uh,
726
00:48:07,652 --> 00:48:12,255
temper some of mom's seriousness
at times which I think was
727
00:48:12,257 --> 00:48:13,055
to everybody's benefit.
728
00:48:13,057 --> 00:48:15,925
We used to keep a book called
mommy laughed.
729
00:48:15,927 --> 00:48:18,995
Which had parsimonious entries.
730
00:48:19,631 --> 00:48:21,731
You are giving me
constant advice.
731
00:48:21,733 --> 00:48:24,867
It's starts calling about, uh...
732
00:48:24,869 --> 00:48:29,338
7:00, it's time to come home
for dinner and then 7:30
733
00:48:29,340 --> 00:48:34,677
and somewhere between 7:30
and 9:00, we generally make it.
734
00:48:34,679 --> 00:48:38,147
And the other thing is time
for you to go to sleep.
735
00:48:38,515 --> 00:48:39,715
Those are the daily...
736
00:48:39,717 --> 00:48:43,052
Um, that's the daily advice,
that I get.
737
00:48:43,054 --> 00:48:47,323
Well, it's not that bad advice
you have to eat one meal a day
738
00:48:47,325 --> 00:48:49,191
and you have to go to sleep
sometime.
739
00:48:49,928 --> 00:48:55,197
Edwards: He allowed Ruth to be who she was, that is,
740
00:48:55,199 --> 00:48:59,602
a relatively reserved,
serious person,
741
00:48:59,604 --> 00:49:03,439
who focused on her law work
and loved doing that.
742
00:49:03,441 --> 00:49:07,076
And the relationship was just
magnificent to watch.
743
00:49:07,078 --> 00:49:11,414
Ruth: And when Marty was starting out in law practice
744
00:49:11,416 --> 00:49:12,748
and eager to make partner,
745
00:49:12,750 --> 00:49:15,384
I was responsible for the lion's share
746
00:49:15,386 --> 00:49:16,719
of taking care of the home.
747
00:49:16,721 --> 00:49:21,023
But when the women's movement came alive and Marty appreciated
748
00:49:21,025 --> 00:49:23,793
the importance of the work I was doing,
749
00:49:23,795 --> 00:49:28,798
then I became the person whose career came first.
750
00:49:28,800 --> 00:49:30,933
West: What was she like
as a mom?
751
00:49:30,935 --> 00:49:31,567
Exigent.
752
00:49:31,569 --> 00:49:32,735
West: What do you mean by that?
753
00:49:32,737 --> 00:49:37,273
"Do your homework, clean
your room, don't disappoint us."
754
00:49:40,544 --> 00:49:43,946
Jim: Helping a lot with, uh, schoolwork,
755
00:49:43,948 --> 00:49:46,615
commenting, pulling out
the red pen.
756
00:49:46,617 --> 00:49:50,753
Marty ginsburg: Our dear daughter Jane, all smiles,
757
00:49:50,755 --> 00:49:52,788
volunteered to the press.
758
00:49:52,790 --> 00:49:58,127
She had grown up in a home
in which responsibility
759
00:49:58,129 --> 00:49:59,362
was equally divided.
760
00:49:59,364 --> 00:50:03,966
Her father did the cooking,
she explained, and her mother
761
00:50:03,968 --> 00:50:07,870
- did the thinking.
762
00:50:07,971 --> 00:50:10,840
West: So is she really
such a horrible cook?
763
00:50:10,842 --> 00:50:11,874
- Yes.
- Jim: Oh yeah.
764
00:50:11,876 --> 00:50:13,976
To this day I still can't eat
swordfish...
765
00:50:13,978 --> 00:50:16,946
After what she did to it.
766
00:50:16,948 --> 00:50:19,615
It wasn't until I was 14
that I encountered
767
00:50:19,617 --> 00:50:21,384
a live vegetable.
768
00:50:21,386 --> 00:50:24,820
Marty: Ruth is no longer permitted in the kitchen...
769
00:50:25,556 --> 00:50:29,358
...this by the demand of our children, who have taste.
770
00:50:40,270 --> 00:50:46,809
This is a book that tata,
he collected letters about me
771
00:50:46,811 --> 00:50:48,144
for my 50th birthday.
772
00:50:48,146 --> 00:50:51,447
- Tata organized all this.
- It was his idea.
773
00:50:51,449 --> 00:50:53,949
Tata, my... her husband,
my grandfather,
774
00:50:53,951 --> 00:50:54,917
he was especially doting,
775
00:50:54,919 --> 00:50:58,821
so they almost had a bad cop,
good cop relationship,
776
00:50:58,823 --> 00:51:00,623
when it came to the grandkids.
777
00:51:00,625 --> 00:51:03,559
Tata was more often the good cop
i would say,
778
00:51:03,561 --> 00:51:07,029
uh, mostly because bubbe
was often buried in her work
779
00:51:07,031 --> 00:51:08,097
so if we
really wanted something,
780
00:51:08,099 --> 00:51:12,101
we felt like we could nag tata
more often for it.
781
00:51:12,569 --> 00:51:13,169
"Dear Ruth,
782
00:51:13,171 --> 00:51:16,906
I have little doubt
that you are proud, rightly so,
783
00:51:16,908 --> 00:51:19,208
of all you have achieved
as a judge
784
00:51:19,210 --> 00:51:21,744
and as a spouse
and a parent as well.
785
00:51:21,746 --> 00:51:23,946
But I conceive no way
you can take
786
00:51:23,948 --> 00:51:27,817
greater pride than I do.
Love, tata."
787
00:51:27,819 --> 00:51:30,219
- Nice.
- Very nice.
788
00:51:30,821 --> 00:51:33,289
- Do you read these often?
- No, I never read them.
789
00:51:33,291 --> 00:51:35,958
You should, they are very nice,
if you ever need a boost
790
00:51:35,960 --> 00:51:37,860
of self-confidence.
791
00:51:38,028 --> 00:51:40,529
So much of the shape of America
is a work
792
00:51:40,531 --> 00:51:41,363
of the U.S. supreme court
793
00:51:41,365 --> 00:51:44,700
and so the makeup of that court
is one of the enduring legacies
794
00:51:44,702 --> 00:51:47,203
of a president who has
an opportunity to appoint
795
00:51:47,205 --> 00:51:49,772
justices. And tonight
this new president
796
00:51:49,774 --> 00:51:52,174
has his first chance to make it
a Clinton court.
797
00:51:52,176 --> 00:51:55,978
This president has a very clear
idea of what he wants
798
00:51:55,980 --> 00:51:56,579
in this justice.
799
00:51:56,581 --> 00:52:00,549
Bill Clinton: I really did want to put governor cuomo on the court,
800
00:52:00,551 --> 00:52:03,352
but he didn't want to do it
so I started looking around.
801
00:52:03,354 --> 00:52:07,389
He kept moving from his favorite
person of the week
802
00:52:07,391 --> 00:52:09,391
to the next favorite person
of the week
803
00:52:09,393 --> 00:52:13,896
and judge ginsburg was sort
of old to be a nominee.
804
00:52:13,898 --> 00:52:18,801
She was in her early 60s.
Most people, I think, thought
805
00:52:18,803 --> 00:52:21,103
she was out of the running for that reason
806
00:52:21,105 --> 00:52:24,340
and Marty was just not gonna accept that.
807
00:52:24,342 --> 00:52:26,609
Miller: We're talking about Ruth
808
00:52:26,611 --> 00:52:29,678
and we must remember how shy she was.
809
00:52:29,680 --> 00:52:36,485
I can't think of anyone
less likely to toot her own horn
810
00:52:36,786 --> 00:52:38,621
than Ruth.
811
00:52:38,955 --> 00:52:42,525
So Marty had to play
the New York philharmonic.
812
00:52:54,905 --> 00:52:56,138
Ruth: No question about it,
813
00:52:56,140 --> 00:52:58,174
people who observed at the time, said,
814
00:52:58,176 --> 00:53:02,344
"well, Ruth would have been on a list, maybe she would be 22
815
00:53:02,346 --> 00:53:07,049
or 23 but it was Marty
who made her number one.
816
00:53:08,051 --> 00:53:13,989
He had a little book of people
that he contacted. They were...
817
00:53:14,524 --> 00:53:18,227
Totenberg: He had lots of contacts in the business community,
818
00:53:18,229 --> 00:53:20,696
lots of contacts in the legal
community,
819
00:53:20,698 --> 00:53:24,767
in the academic community,
among the women she had helped.
820
00:53:24,769 --> 00:53:29,138
And he... I don't even know
all the things he did.
821
00:53:29,140 --> 00:53:33,842
He was so in love with his wife
and so respected her
822
00:53:33,844 --> 00:53:36,712
as a real giant
in the legal profession,
823
00:53:36,714 --> 00:53:37,880
he felt it would be an outrage
824
00:53:37,882 --> 00:53:39,915
if she wasn't seriously
considered.
825
00:53:39,917 --> 00:53:43,219
And look, he wasn't the only one
that was campaigning
826
00:53:43,221 --> 00:53:44,853
for somebody to be on the court.
827
00:53:44,855 --> 00:53:47,223
He had
some pretty stiff opposition...
828
00:53:47,225 --> 00:53:51,026
But it was her interview
that did it.
829
00:53:53,296 --> 00:53:55,831
We arranged for her to come to the white house.
830
00:53:55,833 --> 00:53:57,967
I wanted to see how her mind worked.
831
00:53:57,969 --> 00:53:59,768
So I engaged her in this conversation.
832
00:53:59,770 --> 00:54:02,538
And all of a sudden, I wasn't
the president interviewing her
833
00:54:02,540 --> 00:54:05,507
for the supreme court anymore,
we were two people having
834
00:54:05,509 --> 00:54:08,277
an honest discussion
about what's the best way
835
00:54:08,279 --> 00:54:12,314
in the moment and for the future
to make law.
836
00:54:12,316 --> 00:54:16,518
Totenberg: Ruth ginsburg, as quiet and kind of withdrawn
837
00:54:16,520 --> 00:54:20,923
and almost timid as she can be, she is a performer
838
00:54:20,925 --> 00:54:23,359
and she walked in that room
and he fell for her.
839
00:54:23,361 --> 00:54:26,428
Literally, within 15 minutes,
i decided
840
00:54:26,430 --> 00:54:27,796
I was going to name her.
841
00:54:31,369 --> 00:54:34,603
Clinton: I'm proud to nominate
this path-breaking attorney,
842
00:54:34,605 --> 00:54:38,574
advocate, and judge to be
the 107th justice
843
00:54:38,576 --> 00:54:42,478
to the
United States supreme court.
844
00:54:48,418 --> 00:54:52,454
Ruth: When I was nominated back in 1993,
845
00:54:52,456 --> 00:54:55,024
senator biden chaired the committee.
846
00:54:55,026 --> 00:54:59,028
The leading republican member was orrin hatch.
847
00:54:59,030 --> 00:55:01,230
Man: Do you have
any concerns right now?
848
00:55:01,232 --> 00:55:02,064
There are always concerns
849
00:55:02,066 --> 00:55:04,466
because these are very important
positions.
850
00:55:04,468 --> 00:55:07,803
And so there will be a lot
of questions asked.
851
00:55:12,075 --> 00:55:16,078
Day two of the Ruth bader
ginsburg confirmation hearings.
852
00:55:16,080 --> 00:55:17,179
Judge ginsburg did something
853
00:55:17,181 --> 00:55:20,883
no recent high court nominee has done, spoke at length
854
00:55:20,885 --> 00:55:23,786
about her support for abortion rights.
855
00:55:23,788 --> 00:55:28,824
It is essential
to women's equality with man...
856
00:55:28,826 --> 00:55:33,929
That her choice... that she be
the decision maker.
857
00:55:33,931 --> 00:55:38,567
This is something central
to a woman's...
858
00:55:38,668 --> 00:55:40,569
Life, to her dignity.
859
00:55:40,571 --> 00:55:43,906
And when government controls
that decision for her,
860
00:55:43,908 --> 00:55:49,044
she is being treated as less
than a fully adult...
861
00:55:49,046 --> 00:55:51,680
Human responsible for...
862
00:55:52,182 --> 00:55:54,016
Her own choices.
863
00:55:54,018 --> 00:55:57,820
She was put on the court
by a liberal president,
864
00:55:57,822 --> 00:56:01,190
uh, as a liberal justice.
865
00:56:01,192 --> 00:56:03,425
And that's the way this country
works.
866
00:56:03,427 --> 00:56:05,894
Orrin hatch: I disagree with you
on a number of things,
867
00:56:05,896 --> 00:56:08,030
and I am sure you disagree
with me.
868
00:56:08,032 --> 00:56:09,331
But that isn't the issue, is it?
869
00:56:09,333 --> 00:56:13,202
And frankly, I admire you.
You've earned the right,
870
00:56:13,204 --> 00:56:16,138
in my opinion,
to be on the supreme court.
871
00:56:16,373 --> 00:56:17,606
She was confirmed 96-3.
872
00:56:17,608 --> 00:56:20,843
Now, you could argue that it was
not as partisan a time
873
00:56:20,845 --> 00:56:23,512
as it is now
but it was pretty partisan.
874
00:56:35,425 --> 00:56:37,493
News anchor: Promising to defend the constitution,
875
00:56:37,495 --> 00:56:40,496
pioneering women's rights advocate Ruth bader ginsburg
876
00:56:40,498 --> 00:56:42,464
has been sworn in as the second woman,
877
00:56:42,466 --> 00:56:44,266
on the U.S. supreme court bench.
878
00:56:44,268 --> 00:56:47,069
I will well and faithfully
discharge.
879
00:56:47,071 --> 00:56:50,406
The duties of the office
on which I am about to enter.
880
00:56:50,408 --> 00:56:54,977
The duties of the office
on which I am about to enter.
881
00:56:54,979 --> 00:56:58,480
- So help me god.
- So help me god.
882
00:57:01,252 --> 00:57:04,920
Peratis: It was extremely exciting because this
883
00:57:04,922 --> 00:57:08,957
powerful little woman was going
on the supreme court,
884
00:57:08,959 --> 00:57:11,660
and that meant there were going
to be two.
885
00:57:22,906 --> 00:57:25,974
The standard robe is made
for a man,
886
00:57:25,976 --> 00:57:31,046
because it has a place for the
shirt to show and the tie.
887
00:57:31,048 --> 00:57:35,284
So Sandra day o'Connor and I,
thought it would be appropriate
888
00:57:35,286 --> 00:57:39,254
if we included as part
of our robe,
889
00:57:39,256 --> 00:57:42,324
something typical of a woman.
890
00:57:43,326 --> 00:57:46,261
During my long tenure here,
i was not
891
00:57:46,263 --> 00:57:49,131
the most quote, liberal justice
on the court.
892
00:57:49,133 --> 00:57:52,734
From the beginning, I think
what she was looking for
893
00:57:52,736 --> 00:57:55,437
was to build consensus.
894
00:57:55,505 --> 00:57:57,339
Even though chief justice rehnquist
895
00:57:57,341 --> 00:58:00,476
and Sandra day o'Connor were conservative justices.
896
00:58:00,478 --> 00:58:03,345
They were still justices with which,
897
00:58:03,347 --> 00:58:06,782
ginsburg was able to find common ground.
898
00:58:06,784 --> 00:58:07,616
That was her style.
899
00:58:07,618 --> 00:58:11,854
She really wanted to be able to convince her fellow justices
900
00:58:11,856 --> 00:58:13,822
to move her way even if it means
901
00:58:13,824 --> 00:58:17,559
conceding certain things and compromising.
902
00:58:30,874 --> 00:58:34,009
To start out, I thought
you might like to know
903
00:58:34,011 --> 00:58:39,214
a little about the gentlemen
who are surrounding us.
904
00:58:39,216 --> 00:58:43,051
These are the first set
of chief justices
905
00:58:43,053 --> 00:58:44,219
of the supreme court.
906
00:58:44,221 --> 00:58:49,591
John Marshall is the 4th chief
justice and what he said was,
907
00:58:49,593 --> 00:58:52,160
that this constitution
908
00:58:52,228 --> 00:58:54,329
is the highest law of the land.
909
00:58:54,331 --> 00:59:00,202
The 14th amendment has a clause
that you all should know about
910
00:59:00,204 --> 00:59:03,839
and I'll read it to you.
It says...
911
00:59:05,041 --> 00:59:09,711
"And nor shall any state deny
to any person
912
00:59:09,713 --> 00:59:14,082
the equal protection
of the laws."
913
00:59:14,217 --> 00:59:16,385
So if congress passes a law
914
00:59:16,387 --> 00:59:19,721
or the president issues
an executive order
915
00:59:19,723 --> 00:59:23,325
that is in conflict
with the constitution,
916
00:59:23,426 --> 00:59:27,629
the constitution must prevail.
917
00:59:46,649 --> 00:59:54,489
Frelinghuysen:
Vmi was a 150 year old, all-male military college.
918
00:59:54,491 --> 00:59:58,927
It had a tremendous endowment, well-connected alumni,
919
00:59:58,929 --> 00:59:59,828
four star generals.
920
00:59:59,830 --> 01:00:03,231
When you came out of vmi
that was something.
921
01:00:03,233 --> 01:00:05,167
Bryant gumbel: Virginia military institute was the last
922
01:00:05,169 --> 01:00:06,969
all-male state supported school in the country.
923
01:00:06,971 --> 01:00:12,841
157 years of school tradition as an all-male military academy.
924
01:00:13,543 --> 01:00:17,279
Ted Olson:
Boys can be troublesome, full of hormones and so forth,
925
01:00:17,281 --> 01:00:21,083
and I don't mean to make general
gender characteristics
926
01:00:21,085 --> 01:00:24,219
or generalizations here
but for some young men,
927
01:00:24,221 --> 01:00:27,789
at that time of their life
they need discipline,
928
01:00:27,791 --> 01:00:30,058
they need hard work and they need
929
01:00:30,060 --> 01:00:33,228
not a lot of extra time to get into trouble.
930
01:00:33,230 --> 01:00:34,596
And vmi provided that.
931
01:00:34,598 --> 01:00:37,065
Man: Look at the men which stand before you!
932
01:00:37,067 --> 01:00:40,802
They represent the essence
of vmi!
933
01:00:40,870 --> 01:00:44,806
A female high school student
wanted to attend vmi.
934
01:00:44,808 --> 01:00:49,177
So she brought a case against
Virginia, claiming that
935
01:00:49,179 --> 01:00:53,281
the all-male admissions policy
violated equal protection.
936
01:00:53,349 --> 01:00:54,616
It actually went from the district court
937
01:00:54,618 --> 01:00:57,986
to the appellate court before it came up to the supreme court.
938
01:00:57,988 --> 01:01:02,924
This was an extremely important case for justice ginsburg.
939
01:01:02,926 --> 01:01:08,897
It was her first women's rights
case on the supreme court.
940
01:01:09,165 --> 01:01:11,099
Court officer: The honorable chief justice
941
01:01:11,101 --> 01:01:14,436
and the associate justices of the supreme court
942
01:01:14,438 --> 01:01:16,171
of the United States.
943
01:01:16,774 --> 01:01:19,908
Olson: I was very much aware of justice ginsburg's history
944
01:01:19,910 --> 01:01:23,879
with respect to gender excluding
women from an institution.
945
01:01:23,881 --> 01:01:27,616
I was very much aware of that
and I was trying to fashion
946
01:01:27,618 --> 01:01:31,887
an argument that would penetrate
that.
947
01:01:42,865 --> 01:01:46,702
Ruth:
948
01:01:53,443 --> 01:01:56,778
Olson:
949
01:02:01,117 --> 01:02:02,217
Ruth:
950
01:02:02,219 --> 01:02:04,586
Olson:
951
01:02:04,588 --> 01:02:11,326
I was dealing with a very
worthy and formidable force
952
01:02:11,328 --> 01:02:13,495
at the other side of that bench.
953
01:02:13,497 --> 01:02:18,233
Ruth:
954
01:02:20,837 --> 01:02:23,705
Olson:
955
01:02:26,242 --> 01:02:30,946
That was my pitch. As you know
it didn't work.
956
01:02:38,721 --> 01:02:41,590
Ruth:
957
01:03:02,845 --> 01:03:05,981
...to aspire, achieve,
958
01:03:05,983 --> 01:03:11,319
participate in, and contribute
to society...
959
01:03:11,554 --> 01:03:13,889
Based on what they can do.
960
01:03:13,891 --> 01:03:17,025
News anchor: The for-men only tradition of vmi became history
961
01:03:17,027 --> 01:03:20,562
with the arrival of women entering as first year cadets.
962
01:03:20,564 --> 01:03:23,732
Man: Cadre, take charge of your rats.
963
01:03:26,435 --> 01:03:29,471
Kelly Sullivan: I was in the first class of women.
964
01:03:29,473 --> 01:03:34,009
We were here not to break
tradition not to ruin history
965
01:03:34,011 --> 01:03:36,111
but to help grow it.
966
01:03:40,316 --> 01:03:43,351
For those four years I worked extremely hard,
967
01:03:43,353 --> 01:03:45,754
to be the best person I could be
968
01:03:45,756 --> 01:03:46,988
and to represent women
as a whole.
969
01:03:46,990 --> 01:03:50,458
I wanted to be that person that stood in front of the men
970
01:03:50,460 --> 01:03:52,527
and said, "i can do it, too."
971
01:03:57,600 --> 01:03:59,367
General peay:
It's most appropriate
972
01:03:59,369 --> 01:04:00,135
that we welcome today
973
01:04:00,137 --> 01:04:03,271
a member of our nation's highest
court, a notable example
974
01:04:03,273 --> 01:04:07,275
of a citizen with a lifelong
dedication to public service,
975
01:04:07,277 --> 01:04:09,878
- justice Ruth bader ginsburg.
976
01:04:09,880 --> 01:04:11,246
- Thank you.
- General peay: Welcome
977
01:04:11,248 --> 01:04:13,882
to
the Virginia military institute.
978
01:04:13,884 --> 01:04:16,918
Vmi fought very hard to keep
women out.
979
01:04:16,920 --> 01:04:20,121
I had an alumni walk up to me, and he says,
980
01:04:20,123 --> 01:04:22,858
"I'm not going to shake
your hand. I want to know
981
01:04:22,860 --> 01:04:24,426
why you're here,
982
01:04:24,428 --> 01:04:27,629
um, and why you
decided to ruin my school."
983
01:04:27,631 --> 01:04:31,566
I know that there were some
people who did not...
984
01:04:31,634 --> 01:04:36,571
React well to the change
and my response to this was,
985
01:04:36,573 --> 01:04:41,243
"wait and see, you will be proud
of the women
986
01:04:41,245 --> 01:04:44,679
who become graduates of vmi."
987
01:04:48,017 --> 01:04:51,820
It wasn't just about vmi,
it was about the notion
988
01:04:51,822 --> 01:04:56,524
that you cannot exclude women
just because they're women.
989
01:04:56,526 --> 01:05:01,229
You cannot say categorically,
"they can't handle this."
990
01:05:01,231 --> 01:05:04,199
It's way beyond vmi, way beyond.
991
01:05:04,201 --> 01:05:08,203
And she pulled some of the justices of that court
992
01:05:08,205 --> 01:05:14,943
over to see that you start,
you start with an assumption
993
01:05:14,945 --> 01:05:19,648
that you have got to treat
both genders equally.
994
01:05:19,650 --> 01:05:23,752
Feigen: That majority opinion,was the culmination of Ruth's
995
01:05:23,754 --> 01:05:28,256
dedication to the concept
of equality for women.
996
01:05:29,992 --> 01:05:33,128
Ruth: Those are current cadets.
997
01:05:34,897 --> 01:05:40,635
One wanted to be a nuclear
scientist, the others engineers.
998
01:05:40,703 --> 01:05:44,572
All very well adjusted to life
at vmi.
999
01:05:51,013 --> 01:05:53,415
So, you can see...
1000
01:05:53,649 --> 01:05:58,320
Many varieties there are more up
on top.
1001
01:05:58,322 --> 01:06:01,356
This is the latest one
I've gotten.
1002
01:06:02,391 --> 01:06:04,726
West: So people just send them
to you?
1003
01:06:04,728 --> 01:06:06,161
Yes.
1004
01:06:08,164 --> 01:06:09,798
What's in this one?
1005
01:06:09,800 --> 01:06:14,769
Oh this one was given to me
by the university of Hawaii,
1006
01:06:14,771 --> 01:06:16,905
with French lace...
1007
01:06:17,173 --> 01:06:19,808
And the beads are
from the beach.
1008
01:06:21,544 --> 01:06:26,881
It is a gift from law clerks,
a few terms back.
1009
01:06:26,883 --> 01:06:29,417
And this is what I use...
1010
01:06:29,419 --> 01:06:32,420
For announcing majority opinion.
1011
01:06:32,422 --> 01:06:36,858
And this one is for dissenting
opinion.
1012
01:06:42,365 --> 01:06:45,834
Ruth: Every day before we sit in the court,
1013
01:06:45,836 --> 01:06:48,670
the first thing we do is, we go around the room
1014
01:06:48,672 --> 01:06:52,741
each justice shaking hands with every other.
1015
01:06:52,743 --> 01:06:55,910
We know that collegiality is very important
1016
01:06:55,912 --> 01:06:58,747
to the effective working of the court.
1017
01:06:58,749 --> 01:07:04,419
So we better respect each other and even like each other.
1018
01:07:04,421 --> 01:07:06,321
She did something I'm not sure
i could have done,
1019
01:07:06,323 --> 01:07:07,822
she made real friendship
with scalia.
1020
01:07:07,824 --> 01:07:12,394
Totenberg: They are
the leading voice
of opposite points of views
1021
01:07:12,396 --> 01:07:13,995
on
the United States supreme court.
1022
01:07:13,997 --> 01:07:16,297
Why don't you call us,
the odd couple?
1023
01:07:18,402 --> 01:07:23,738
- He is a very funny fellow.
- She is a very nice person,
1024
01:07:23,740 --> 01:07:26,841
she likes opera, what's not
to like?
1025
01:07:27,410 --> 01:07:30,178
Except her views of law
of course.
1026
01:07:31,882 --> 01:07:35,216
Helen alvar�:
Justice scalia believes that one should read
1027
01:07:35,218 --> 01:07:38,653
the constitution according to its plain language,
1028
01:07:38,655 --> 01:07:42,957
according to the meanings
that were ascribed, uh,
1029
01:07:42,959 --> 01:07:46,895
to those words when those words
were enacted.
1030
01:07:46,897 --> 01:07:49,130
But you're saying is,
let's try to figure out
1031
01:07:49,132 --> 01:07:52,534
the mindset of people back
200 years ago, right?
1032
01:07:52,536 --> 01:07:57,072
Well, it isn't the mindset,
it's what did the words mean
1033
01:07:57,074 --> 01:07:59,507
to the people who ratified
the bill of rights
1034
01:07:59,509 --> 01:08:01,142
or who ratified
the constitution.
1035
01:08:01,144 --> 01:08:02,777
As opposed to what people today
think it meant?
1036
01:08:02,779 --> 01:08:05,914
As opposed to what people today
would like.
1037
01:08:05,916 --> 01:08:07,515
I see the constitution,
1038
01:08:07,517 --> 01:08:11,152
as striving for
a more perfect union.
1039
01:08:11,154 --> 01:08:14,489
Who were we the people in 1787?
1040
01:08:14,491 --> 01:08:16,658
You would not be among
we the people,
1041
01:08:16,660 --> 01:08:20,428
African Americans would not be
among the people.
1042
01:08:20,430 --> 01:08:22,997
Gene scalia: She's this supposed famous liberal,
1043
01:08:22,999 --> 01:08:25,233
he's this supposed famous conservative.
1044
01:08:25,235 --> 01:08:28,636
She's a Jewish, he's, uh,
catholic.
1045
01:08:28,638 --> 01:08:32,574
She's retiring at times, and he almost never is.
1046
01:08:32,576 --> 01:08:37,212
And yet as with many great
friendships there's chemistry
1047
01:08:37,214 --> 01:08:39,380
that maybe you can't entirely
explain.
1048
01:08:39,382 --> 01:08:42,817
That's thing about Ruth
is that she can compartmentalize
1049
01:08:42,819 --> 01:08:46,254
better than I do. She is able
to have a close friend
1050
01:08:46,256 --> 01:08:49,190
who had these outrageous views,
um,
1051
01:08:49,192 --> 01:08:52,460
about women and about gays
and lesbians.
1052
01:08:52,462 --> 01:08:53,761
I have a little bit of trouble
with that.
1053
01:08:53,763 --> 01:08:56,498
I don't have close friends
who are right wing nutcases.
1054
01:08:56,500 --> 01:08:58,600
Even though they had
differing points of view,
1055
01:08:58,602 --> 01:09:01,469
they were dear friends.
I'm sure they were...
1056
01:09:01,471 --> 01:09:03,638
Picking at each other
the whole time.
1057
01:09:03,640 --> 01:09:05,206
But they kind of enjoyed it.
1058
01:09:05,208 --> 01:09:08,276
Ruth: Justice scalia would whisper something to me.
1059
01:09:08,278 --> 01:09:11,946
All I could do to avoid laughing out loud,
1060
01:09:11,948 --> 01:09:14,616
so I would sometimes pinch
myself.
1061
01:09:14,683 --> 01:09:15,617
People sometimes ask me,
1062
01:09:15,619 --> 01:09:18,486
"well, what was your favorite
scalia joke?" And I said,
1063
01:09:18,488 --> 01:09:21,022
"i know what it is,
but I can't tell you."
1064
01:09:21,925 --> 01:09:23,558
They enjoyed going to the operas
together,
1065
01:09:23,560 --> 01:09:26,561
and they enjoyed discussing
particular operas
1066
01:09:26,563 --> 01:09:30,765
and of course, they appeared together in an opera.
1067
01:09:31,200 --> 01:09:34,369
Totenberg: What's the
most fun thing
you've ever done together?
1068
01:09:34,371 --> 01:09:37,005
Was it being on that elephant
together in India?
1069
01:09:37,007 --> 01:09:39,507
Ruth: That was a rather bumpy ride.
1070
01:09:39,509 --> 01:09:43,511
Antonin scalia:
Some of her feminist friends gave her a hard time
1071
01:09:43,513 --> 01:09:46,548
because she rode behind me on the elephant.
1072
01:09:47,184 --> 01:09:48,550
- And that's wha...
- I'm not kidding.
1073
01:09:48,552 --> 01:09:52,787
It... it was... the driver
explained it was a matter
1074
01:09:52,789 --> 01:09:54,589
of distribution of weight.
1075
01:09:56,059 --> 01:09:59,093
Washington has a reputation
as being a hard town
1076
01:09:59,095 --> 01:09:59,928
to make good friendships.
1077
01:09:59,930 --> 01:10:03,131
And the supreme court itself
is a place where your colleagues
1078
01:10:03,133 --> 01:10:05,600
on any given case are also
your adversaries.
1079
01:10:05,602 --> 01:10:08,770
It was very gratifying to see the two of them together
1080
01:10:08,772 --> 01:10:10,672
and know that they had their disagreements
1081
01:10:10,674 --> 01:10:14,709
but that my father had thisjust really wonderful friend.
1082
01:10:15,511 --> 01:10:17,478
Peter Jennings: The presidential election is over.
1083
01:10:17,480 --> 01:10:22,217
George Bush prevails by one vote in the supreme court.
1084
01:10:22,785 --> 01:10:24,786
George, this effectively ends
the election.
1085
01:10:24,788 --> 01:10:26,421
It has ended the election
and Peter, literally
1086
01:10:26,423 --> 01:10:28,990
one of the closest elections
in American history.
1087
01:10:28,992 --> 01:10:32,360
600 votes approximately separated Gore and bush
1088
01:10:32,362 --> 01:10:34,729
in the state of Florida, and now by one vote
1089
01:10:34,731 --> 01:10:37,498
on the supreme court, this election is over.
1090
01:10:37,500 --> 01:10:40,235
Look at the dissents
and the strong language
1091
01:10:40,237 --> 01:10:42,103
in the dissents.
Justice ginsburg,
1092
01:10:42,105 --> 01:10:43,004
"the court's conclusion
1093
01:10:43,006 --> 01:10:45,039
that a recount is impractical,
is a prophecy
1094
01:10:45,041 --> 01:10:48,610
the court's own judgment
will not allow to be tested.
1095
01:10:48,612 --> 01:10:50,378
Such an untested prophecy..."
1096
01:10:50,380 --> 01:10:53,848
...should not decide
the presidency
1097
01:10:53,850 --> 01:10:56,251
of the United States.
1098
01:10:56,585 --> 01:10:58,186
I dissent.
1099
01:10:59,355 --> 01:11:01,990
Carmon: She was never supposed to be the great dissenter
1100
01:11:01,992 --> 01:11:06,227
but that's the course that history took her on.
1101
01:11:06,862 --> 01:11:11,532
George w. Bush was able to appoint two justices.
1102
01:11:11,534 --> 01:11:16,404
The addition of Samuel alito and John Roberts on the court
1103
01:11:16,406 --> 01:11:17,872
pushed it far to the right.
1104
01:11:17,874 --> 01:11:23,544
Frelinghuysen:
The role of an individual justice can change dramatically
1105
01:11:23,546 --> 01:11:24,979
as the court changes.
1106
01:11:24,981 --> 01:11:28,116
With the departure of justice o'Connor
1107
01:11:28,118 --> 01:11:32,120
and with more conservatives joining the bench.
1108
01:11:32,122 --> 01:11:37,825
She found she had to really exercise her dissenting voice.
1109
01:11:39,361 --> 01:11:42,964
Ruth: Of course I prefer to be in the majority
1110
01:11:42,966 --> 01:11:45,233
but if necessary...
1111
01:11:45,434 --> 01:11:49,771
I will write separately
in dissent.
1112
01:11:54,877 --> 01:11:56,811
Lilly ledbetter:
I went to work one night
1113
01:11:56,813 --> 01:11:58,346
and someone had left me a note.
1114
01:11:58,348 --> 01:12:04,852
It had my name and three men.
We four had the exact same job.
1115
01:12:04,854 --> 01:12:08,289
My pay was 40 percent less than theirs.
1116
01:12:08,291 --> 01:12:11,192
I had been shortchanged for no other reason
1117
01:12:11,194 --> 01:12:16,197
than I had been born
the wrong sex, I was a woman.
1118
01:12:16,199 --> 01:12:18,966
The jury found that I had been discriminated against
1119
01:12:18,968 --> 01:12:22,670
but of course, goodyear appealed and then we were notified
1120
01:12:22,672 --> 01:12:26,474
that we would be heard in the supreme court.
1121
01:12:27,743 --> 01:12:29,043
I looked at the court makeup,
1122
01:12:29,045 --> 01:12:32,880
that's when justice alito had just gone on the bench.
1123
01:12:32,882 --> 01:12:37,018
Justice ginsburg at the time was the only female left.
1124
01:12:37,020 --> 01:12:41,422
Justice alito read the opinion,
he said, "i was definitely
1125
01:12:41,424 --> 01:12:46,728
discriminated against but I had
not filed my charge timely,
1126
01:12:46,730 --> 01:12:50,665
that I'd waited too late
to file my charge."
1127
01:12:55,337 --> 01:12:59,006
Ruth:
1128
01:13:23,999 --> 01:13:27,468
She's hit the nail on the head
because she definitely said,
1129
01:13:27,470 --> 01:13:31,172
"they do not know what it's like
in the real world."
1130
01:13:31,174 --> 01:13:35,176
Ruth: Today, the ball again lies in congress' court...
1131
01:13:35,178 --> 01:13:40,081
"...to correct the error into
which the court has fallen."
1132
01:13:40,083 --> 01:13:43,618
She was laying down a marker
for congress and in fact
1133
01:13:43,620 --> 01:13:46,387
federal law was changed because of her dissent.
1134
01:13:46,389 --> 01:13:50,525
Three fifths of the senators
having voted in the affirmative,
1135
01:13:50,527 --> 01:13:52,260
the bill has passed.
1136
01:13:55,798 --> 01:14:01,736
Barack Obama:
It is fitting that the
very first bill that I sign,
1137
01:14:01,738 --> 01:14:06,774
the Lilly ledbetter fair pay
restoration act is upholding
1138
01:14:06,776 --> 01:14:10,645
one of this nation's
founding principles...
1139
01:14:10,712 --> 01:14:12,914
That we are all created equal...
1140
01:14:12,916 --> 01:14:15,917
And each deserve a chance
to pursue
1141
01:14:15,919 --> 01:14:18,119
our own version of happiness.
1142
01:14:28,297 --> 01:14:31,032
Marty: Ruth and I were in New York City
1143
01:14:31,034 --> 01:14:32,767
to see the play proof.
1144
01:14:32,769 --> 01:14:35,803
And as we walked down the aisle to our seats,
1145
01:14:35,805 --> 01:14:41,342
what seemed like the entire audience began to applaud,
1146
01:14:41,344 --> 01:14:44,846
many stood, Ruth beamed.
1147
01:14:44,913 --> 01:14:48,316
I beamed too, leaned over
1148
01:14:48,318 --> 01:14:52,220
and whispered loudly, "i bet
you didn't know
1149
01:14:52,222 --> 01:14:55,523
there's a convention
of tax lawyers in town."
1150
01:14:57,260 --> 01:15:00,928
Well, without changing her bright smile,
1151
01:15:00,930 --> 01:15:04,065
Ruth smacked me right in the stomach.
1152
01:15:04,067 --> 01:15:08,703
I give you this picture because it fairly captures
1153
01:15:08,705 --> 01:15:11,606
our nearly 50-year happy marriage.
1154
01:15:11,608 --> 01:15:15,977
During which I've offered up an astonishing number of foolish
1155
01:15:15,979 --> 01:15:20,882
pronouncements and Ruth has ignored almost every one.
1156
01:15:27,189 --> 01:15:28,389
Well, I think part of the time
1157
01:15:28,391 --> 01:15:31,025
when he was sick,
she was in denial.
1158
01:15:31,027 --> 01:15:33,794
He just became weaker and weaker.
1159
01:15:33,796 --> 01:15:39,600
The way people get sick when
they're close to dying, but...
1160
01:15:39,935 --> 01:15:46,040
She somehow knew how to turn off
those tear ducts in public.
1161
01:15:46,108 --> 01:15:48,676
She steeled herself for it.
1162
01:15:49,678 --> 01:15:52,947
Ruth: I found this letter...
1163
01:15:52,949 --> 01:15:56,617
Next to Marty's bed in the hospital.
1164
01:15:56,885 --> 01:15:58,619
"My dearest Ruth,
1165
01:15:58,621 --> 01:16:02,690
you are the only person I have loved in my life,
1166
01:16:02,692 --> 01:16:07,795
setting aside a bit parents and kids and their kids.
1167
01:16:07,797 --> 01:16:11,599
What a treat it has been to watch you progress
1168
01:16:11,601 --> 01:16:15,102
to the very top of the legal world.
1169
01:16:15,170 --> 01:16:18,673
I have admired and loved you almost since the day
1170
01:16:18,675 --> 01:16:23,778
we first met at Cornell, some 56 years ago.
1171
01:16:25,180 --> 01:16:29,450
The time has come for me to take leave of life...
1172
01:16:29,518 --> 01:16:32,186
Because the loss of quality...
1173
01:16:32,254 --> 01:16:35,957
Now simply overwhelms.
1174
01:16:36,291 --> 01:16:40,528
I hope you will support where I come out...
1175
01:16:40,896 --> 01:16:43,931
And I understand you may not.
1176
01:16:45,534 --> 01:16:47,969
I will not love you...
1177
01:16:48,837 --> 01:16:50,972
A jot less."
1178
01:16:53,742 --> 01:16:57,612
Marty: We met on a blind date in 1950.
1179
01:16:57,614 --> 01:17:02,249
The truth is it was a blind date only on Ruth's side.
1180
01:17:04,253 --> 01:17:07,254
Marty: I cheated.
1181
01:17:07,256 --> 01:17:12,226
Marty: I asked a classmate to point her out in advance.
1182
01:17:12,228 --> 01:17:17,031
"Oh, ho, she's really cute," I perceptively noticed.
1183
01:17:17,033 --> 01:17:21,435
And then after a couple of evenings out, I, uh, added,
1184
01:17:21,437 --> 01:17:25,006
"and boy she's really, really smart."
1185
01:17:25,008 --> 01:17:30,478
In the intervening 53 years, nothing changed.
1186
01:17:38,453 --> 01:17:39,286
Where are we headed?
1187
01:17:39,288 --> 01:17:41,589
We're headed
to these outdoor sculptures,
1188
01:17:41,591 --> 01:17:44,058
and all the sculptures are done
by contemporary
1189
01:17:44,060 --> 01:17:45,026
native American artists.
1190
01:17:45,028 --> 01:17:49,497
Spera: After a period of very justified mourning,
1191
01:17:49,499 --> 01:17:52,500
she sort of relaunched herself,
into her work
1192
01:17:52,502 --> 01:17:55,002
and filled the time
that she would have spent
1193
01:17:55,004 --> 01:17:59,006
with my grandfather, with work
both to distract herself I think
1194
01:17:59,008 --> 01:18:02,209
from his absence but also to honor him.
1195
01:18:02,211 --> 01:18:06,647
Woman: This is her son, James,
and this is her grandson...
1196
01:18:07,282 --> 01:18:08,649
Totenberg: Marty was her life.
1197
01:18:08,651 --> 01:18:11,786
And her children and grandchildren who
1198
01:18:11,788 --> 01:18:13,654
have a life of their own.
1199
01:18:13,656 --> 01:18:16,023
She's very much interested in arts
1200
01:18:16,025 --> 01:18:17,792
and loves to go to those things.
1201
01:18:17,794 --> 01:18:20,928
And then she goes home
at the end of the evening
1202
01:18:20,930 --> 01:18:22,663
and works until four
in the morning.
1203
01:18:22,665 --> 01:18:26,400
These two pieces
are by a creek artist.
1204
01:18:26,402 --> 01:18:28,636
Ruth: And what is she called,
that one?
1205
01:18:28,638 --> 01:18:29,704
Tour guide: She's called
a woman warrior.
1206
01:18:29,706 --> 01:18:34,575
Any kind of battle you bring
to her, she's ready for it.
1207
01:18:37,446 --> 01:18:40,081
It's considered one of the most
important pieces
1208
01:18:40,083 --> 01:18:42,717
of civil rights legislation
ever passed,
1209
01:18:42,719 --> 01:18:45,319
but by 5-4
the U.S. supreme court today,
1210
01:18:45,321 --> 01:18:48,622
took the teeth out of a law
enacted nearly 50 years ago.
1211
01:18:48,624 --> 01:18:51,926
Reporter: Voting rights act haspoliced voting discrimination
1212
01:18:51,928 --> 01:18:55,463
but today's decision effectively puts it on hold.
1213
01:18:55,465 --> 01:18:57,098
Reporter 2: Chief justice, John Roberts,
1214
01:18:57,100 --> 01:19:00,901
summarized his opinion with four telling words,
1215
01:19:00,903 --> 01:19:04,138
"our country has changed."
1216
01:19:06,608 --> 01:19:10,945
Ruth:
1217
01:19:11,880 --> 01:19:15,616
"...is like throwing away
your umbrella...
1218
01:19:16,118 --> 01:19:17,585
In a rainstorm...
1219
01:19:17,587 --> 01:19:19,653
Because you are not getting
wet."
1220
01:19:19,655 --> 01:19:24,725
She called out the majority
and said this makes zero sense.
1221
01:19:24,727 --> 01:19:29,430
The entire reason that racial
discrimination in voting
1222
01:19:29,432 --> 01:19:34,135
is not happening is because
we have this very important law.
1223
01:19:34,137 --> 01:19:38,005
I was righteously angry
right alongside with her.
1224
01:19:38,007 --> 01:19:41,842
Her dissent was the introduction
for many young people
1225
01:19:41,844 --> 01:19:45,045
about how important the court is
to our everyday lives.
1226
01:19:45,047 --> 01:19:47,548
I just pulled up Photoshop and did the design
1227
01:19:47,550 --> 01:19:48,349
in like 15 minutes.
1228
01:19:48,351 --> 01:19:49,984
Amina sow: I came up with a couple slogans
1229
01:19:49,986 --> 01:19:52,253
but the one that kept coming
back to me was,
1230
01:19:52,255 --> 01:19:55,122
"you can't spell truth
without Ruth."
1231
01:19:55,957 --> 01:19:58,125
Knizhnik: A friend of mine posted on Facebook saying,
1232
01:19:58,127 --> 01:20:02,163
"wow! Justice ginsburg,
sure can write. #notoriousrbg."
1233
01:20:02,165 --> 01:20:06,400
So I started a tumblr and I called it notorious rbg.
1234
01:20:06,402 --> 01:20:09,336
Notre dame: She is known to fans the world over as,
1235
01:20:09,338 --> 01:20:12,039
the notorious rbg.
1236
01:20:12,474 --> 01:20:15,643
Biggie smalls: This album is dedicated to all the teachers
1237
01:20:15,645 --> 01:20:17,311
that told me I'd never amount to nothing.
1238
01:20:17,313 --> 01:20:22,216
I do know where
the notorious rbg came from.
1239
01:20:22,218 --> 01:20:27,655
It... it was the rapper
the notorious b.I.G.
1240
01:20:32,695 --> 01:20:37,865
People ask me, "don't you feel
uncomfortable being
1241
01:20:37,867 --> 01:20:41,802
with a name
like notorious b.I.G?"
1242
01:20:42,538 --> 01:20:46,140
Um... why should I feel
uncomfortable?
1243
01:20:46,142 --> 01:20:47,675
We have a lot in common.
1244
01:20:53,181 --> 01:20:55,082
First and foremost...
1245
01:20:55,084 --> 01:20:59,453
We were both born and bred
in Brooklyn, New York.
1246
01:21:00,322 --> 01:21:02,790
Sow: Young people are really craving
1247
01:21:02,792 --> 01:21:04,158
different kinds of icons.
1248
01:21:04,160 --> 01:21:06,460
Realizing that somebody
like rbg
1249
01:21:06,462 --> 01:21:08,896
has been doing her job
for decades
1250
01:21:08,898 --> 01:21:12,166
and being forceful and speaking truth to power
1251
01:21:12,168 --> 01:21:13,801
kind of blows my mind.
1252
01:21:13,803 --> 01:21:15,903
don lemon: A big win for conservatives
1253
01:21:15,905 --> 01:21:18,272
in the hobby lobby case.
1254
01:21:22,711 --> 01:21:26,380
Roberts: Justice ginsburg has filed a dissenting opinion.
1255
01:21:26,382 --> 01:21:29,516
Ruth:
1256
01:21:37,292 --> 01:21:41,228
We were all so hungry to hear
from Ruth bader ginsburg.
1257
01:21:41,230 --> 01:21:43,564
Every time justice ginsburg
wrote a dissent,
1258
01:21:43,566 --> 01:21:44,431
the Internet would explode.
1259
01:21:44,433 --> 01:21:46,433
Man 1: Justice ginsburg has filed a dissenting opinion.
1260
01:21:46,435 --> 01:21:48,903
Man 2: Justice ginsburg has filed a dissenting opinion.
1261
01:21:48,905 --> 01:21:51,605
Ruth: My dissenting opinion. I dissent.
1262
01:21:51,607 --> 01:21:52,873
Dissent from today's decision.
1263
01:21:52,875 --> 01:21:55,142
Carmon: You just had to put the words Ruth bader ginsburg
1264
01:21:55,144 --> 01:21:59,513
into something and it would be shared compulsively.
1265
01:22:10,258 --> 01:22:17,131
Totenberg: She's become such a rock star and she enjoys it.
1266
01:22:17,832 --> 01:22:18,432
To see
1267
01:22:18,434 --> 01:22:20,768
people wear
notorious rbg t-shirts
1268
01:22:20,770 --> 01:22:24,805
or other paraphernalia
with her face on it.
1269
01:22:24,807 --> 01:22:26,006
It's weird honestly.
1270
01:22:26,008 --> 01:22:28,075
She gives her rbg t-shirts
to people.
1271
01:22:28,077 --> 01:22:30,678
Edwards: She called and laugheddid you get the birthday gift?
1272
01:22:30,680 --> 01:22:32,813
I said I did I'm wearing it.
1273
01:22:32,815 --> 01:22:34,782
- Tattoos! Yeah.
- Lots of tattoos.
1274
01:22:34,784 --> 01:22:37,618
Carmon: I had a picture of one of the tattoos
1275
01:22:37,620 --> 01:22:40,120
and I showed it to her
and she goes "uh!
1276
01:22:40,122 --> 01:22:43,090
Why would you do something
so permanent?"
1277
01:22:44,159 --> 01:22:47,127
Here now to comment
is Ruth bader ginsburg.
1278
01:22:49,998 --> 01:22:51,665
Alright! Justice coming in hot.
1279
01:22:51,667 --> 01:22:55,169
I'm ready to rumble
Mayweather, pacquiao style.
1280
01:22:55,171 --> 01:22:58,072
I float like a butterfly,
sting like a bee,
1281
01:22:58,074 --> 01:23:00,541
I clean myself like a fly.
1282
01:23:02,878 --> 01:23:03,911
Jim: It's so unlike mom,
1283
01:23:03,913 --> 01:23:07,314
but I don't think mom...
An accurate imitation of mom
1284
01:23:07,316 --> 01:23:08,916
would be that funny.
1285
01:23:08,918 --> 01:23:10,884
Betsy: Do you think
she watches them?
1286
01:23:10,886 --> 01:23:12,753
I don't think she ever has
watched television.
1287
01:23:12,755 --> 01:23:14,455
Yeah, I'm not sure she knows
how to turn on...
1288
01:23:14,457 --> 01:23:16,223
No, no, she watches the newshour
while she's working out.
1289
01:23:16,225 --> 01:23:19,360
Yeah, but that's at the court,
does she know how to turn on
1290
01:23:19,362 --> 01:23:21,028
- the television at home?
- I don't think so.
1291
01:23:21,030 --> 01:23:26,433
Here to explain is supreme court justice Ruth bader ginsburg.
1292
01:23:26,435 --> 01:23:28,168
Is this Saturday night live?
1293
01:23:28,170 --> 01:23:33,407
I like my men like I like
my decisions: 5-4.
1294
01:23:33,409 --> 01:23:36,043
That's a third degree ginsburn!
1295
01:23:46,388 --> 01:23:49,556
It's marvelously funny.
How did they...
1296
01:23:49,558 --> 01:23:51,992
Julie Cohen:
Remind you of yourself?
1297
01:23:52,127 --> 01:23:53,727
Not one bit.
1298
01:23:57,132 --> 01:23:58,732
Except for the collar.
1299
01:23:58,734 --> 01:24:00,467
What about the state
of the union
1300
01:24:00,469 --> 01:24:01,502
where you were caught sleeping?
1301
01:24:01,504 --> 01:24:04,104
No, I wasn't sleeping
i was just giving in
1302
01:24:04,106 --> 01:24:06,740
to the weight of my glasses.
1303
01:24:10,445 --> 01:24:11,812
Spera: Watching the state of the union
1304
01:24:11,814 --> 01:24:14,681
and I notice that her head is drooping a little bit
1305
01:24:14,683 --> 01:24:18,752
and she might have dozed off for about a minute or two.
1306
01:24:18,754 --> 01:24:21,155
After that happened,
i called her up and said,
1307
01:24:21,157 --> 01:24:22,189
"you know, bubbe,
you were asleep
1308
01:24:22,191 --> 01:24:24,091
during the state of the union,
you can't do that."
1309
01:24:24,093 --> 01:24:26,160
Totenberg: You went to
the state of the union
1310
01:24:26,162 --> 01:24:27,394
and you fell asleep.
1311
01:24:29,331 --> 01:24:30,931
As I often do.
1312
01:24:30,933 --> 01:24:33,200
The audience for the most part is awake,
1313
01:24:33,202 --> 01:24:36,537
because they're bobbing up
and down all the time...
1314
01:24:36,971 --> 01:24:40,374
And we sit there, stone faced...
1315
01:24:40,376 --> 01:24:42,576
Sober judges. But we're not...
1316
01:24:42,578 --> 01:24:45,746
At least I wasn't,
a hundred percent sober.
1317
01:24:47,550 --> 01:24:52,019
Totenberg:
She does look vulnerable, she is this tiny little person
1318
01:24:52,021 --> 01:24:54,555
and that is somehow in contrast
with being
1319
01:24:54,557 --> 01:25:01,128
the ferocious defender
of minorities and women and...
1320
01:25:01,396 --> 01:25:02,763
Certain kinds of ideals.
1321
01:25:02,765 --> 01:25:04,631
There's always I think
the concern that can she
1322
01:25:04,633 --> 01:25:10,037
- continue to keep up this pace?
- Well, she's now been through
1323
01:25:10,039 --> 01:25:11,438
two different types of cancer
1324
01:25:11,440 --> 01:25:13,707
without missing a day
on the bench.
1325
01:25:13,709 --> 01:25:18,879
Ruth: I had my first cancer bout in 1999,
1326
01:25:18,881 --> 01:25:20,614
colorectal cancer.
1327
01:25:20,616 --> 01:25:23,917
It was the year of first surgery
1328
01:25:23,919 --> 01:25:26,253
and then chemotherapy.
1329
01:25:26,255 --> 01:25:30,023
Ten years later, I had pancreatic cancer.
1330
01:25:30,025 --> 01:25:33,193
I think what it has left me
is...
1331
01:25:33,195 --> 01:25:38,132
An enhanced appreciation
of the joys of being alive.
1332
01:25:38,134 --> 01:25:40,734
What I need you to do
is just grab them and just pull.
1333
01:25:40,736 --> 01:25:43,704
- Just standing up straight?
- Just pull, don't lean back.
1334
01:25:43,706 --> 01:25:49,276
Good, just pull, pull, okay?
Arch that back. Good.
1335
01:25:49,711 --> 01:25:52,779
- This is light.
- I know, I know,
1336
01:25:52,781 --> 01:25:53,747
I got a heavier one.
1337
01:25:53,749 --> 01:25:56,350
Since it's too light,
i got a heavier one
1338
01:25:56,352 --> 01:25:58,886
Bryant Johnson: I started training justice ginsburg
1339
01:25:58,888 --> 01:26:00,053
back in 1999.
1340
01:26:00,055 --> 01:26:02,122
She had just come out of chemotherapy
1341
01:26:02,124 --> 01:26:06,560
and she wanted to build muscle
and get stronger.
1342
01:26:07,095 --> 01:26:07,895
She's like a cyborg.
1343
01:26:07,897 --> 01:26:10,497
And when I say cyborg, she's like a machine.
1344
01:26:19,674 --> 01:26:24,044
Lean back. Good, yeah,
and pull yourself up.
1345
01:26:24,112 --> 01:26:25,879
Exactly. Good.
1346
01:26:29,384 --> 01:26:31,985
Alright, bring chest down
to the ball, good.
1347
01:26:31,987 --> 01:26:35,122
They're real push-ups right,
they're not girl push-ups.
1348
01:26:35,124 --> 01:26:39,426
No, th... they are...
Very real, yes.
1349
01:26:39,428 --> 01:26:42,596
Helsel: I've heard that she's does 20 push-ups,
1350
01:26:42,598 --> 01:26:43,463
three times a week or something.
1351
01:26:43,465 --> 01:26:46,967
I mean we can't even get off the
floor. We can't even get down
1352
01:26:46,969 --> 01:26:48,602
to the floor.
1353
01:26:49,037 --> 01:26:50,270
That's true.
1354
01:26:50,272 --> 01:26:54,808
Ruth: I always feel better no matter how tired I am,
1355
01:26:54,810 --> 01:26:59,213
at the end of that hour,
I'm ready to go again.
1356
01:27:01,316 --> 01:27:05,586
She definitely embodies
the larger than life nature
1357
01:27:05,588 --> 01:27:08,722
of the "notorious" title...
1358
01:27:09,023 --> 01:27:10,257
More and more as she gets older.
1359
01:27:10,259 --> 01:27:12,793
She's become much more public,
much more vocal.
1360
01:27:12,795 --> 01:27:14,861
Especially in a time
when our politics
1361
01:27:14,863 --> 01:27:16,363
are just so garbage.
1362
01:27:16,365 --> 01:27:19,533
Reporter 1: Justice Ruth bader ginsburg spoke fearfully
1363
01:27:19,535 --> 01:27:20,534
of a Donald trump presidency.
1364
01:27:20,536 --> 01:27:23,537
Reporter 2: An unusually candid political outpouring
1365
01:27:23,539 --> 01:27:27,407
- calling trump a "faker."
- Justice ginsburg, uh,
1366
01:27:27,409 --> 01:27:30,143
made some very,
very inappropriate...
1367
01:27:30,145 --> 01:27:31,345
Statements toward me.
1368
01:27:31,347 --> 01:27:32,246
I was flabbergasted.
1369
01:27:32,248 --> 01:27:36,083
It surprised me that she would comment in a derogatory way
1370
01:27:36,085 --> 01:27:40,587
about any candidate
for president. It's...
1371
01:27:42,924 --> 01:27:43,824
It's inappropriate.
1372
01:27:43,826 --> 01:27:45,959
It's not just a matter
of decorum...
1373
01:27:45,961 --> 01:27:49,296
It's a matter of her
not understanding
1374
01:27:49,298 --> 01:27:50,163
her constitutional role.
1375
01:27:50,165 --> 01:27:53,066
She has just come out and issued
an apology.
1376
01:27:53,068 --> 01:27:56,103
You released a statement
that read, "judges should avoid
1377
01:27:56,105 --> 01:27:58,972
commenting on a candidate
for public office."
1378
01:27:58,974 --> 01:28:03,010
But do you really regret
the substance of what you said?
1379
01:28:03,012 --> 01:28:03,977
I think in the best,
1380
01:28:03,979 --> 01:28:07,347
the wisest course would have
been to say nothing.
1381
01:28:07,349 --> 01:28:10,951
Is it wrong
for supreme court justices to...
1382
01:28:10,953 --> 01:28:14,087
Uh, to occasionally make
a mistake? No.
1383
01:28:14,089 --> 01:28:14,855
They're human beings
1384
01:28:14,857 --> 01:28:17,224
and she's a human being
and she apologized for it.
1385
01:28:17,226 --> 01:28:21,628
It is quite possible that many,
many executive orders
1386
01:28:21,630 --> 01:28:26,033
or other things that a president
has supported or done
1387
01:28:26,035 --> 01:28:28,135
are going to come before
the supreme court
1388
01:28:28,137 --> 01:28:32,072
and that now we have a sitting
justice indicating,
1389
01:28:32,074 --> 01:28:35,142
that the person
has a deep antipathy,
1390
01:28:35,144 --> 01:28:37,844
uh, against the lawmaker.
1391
01:28:37,846 --> 01:28:39,146
The notion that I...
1392
01:28:39,148 --> 01:28:42,115
I don't comprehend
that my job...
1393
01:28:42,117 --> 01:28:45,952
Is to interpret
the law fairly...
1394
01:28:45,954 --> 01:28:49,523
That I'm going to vote
one way...
1395
01:28:49,525 --> 01:28:54,261
Based on who I might have voted
for president is just...
1396
01:28:56,698 --> 01:28:58,498
None of us...
1397
01:28:58,900 --> 01:29:02,436
Even if we wanted to...
Could be successful
1398
01:29:02,438 --> 01:29:05,205
if that's the attitude
that we had.
1399
01:29:17,919 --> 01:29:20,287
Robert Longbottom:
You look marvelous.
1400
01:29:20,289 --> 01:29:21,355
Knowing that we were opening
1401
01:29:21,357 --> 01:29:23,457
on the Saturday after the election,
1402
01:29:23,459 --> 01:29:26,893
I wanted somebody who was
a Washington insider
1403
01:29:26,895 --> 01:29:30,197
to play the duchess of krakenthorp.
1404
01:29:30,199 --> 01:29:32,766
"The best of the house
of krakenthorp..."
1405
01:29:32,768 --> 01:29:38,372
Ruth: There are very few operas that have speaking parts
1406
01:29:38,374 --> 01:29:41,441
and the duchess of krackenthorp
1407
01:29:41,443 --> 01:29:44,544
is one such part. So I wrote...
1408
01:29:44,546 --> 01:29:48,815
Basically my own lines for the duchess of krackenthorp.
1409
01:29:58,126 --> 01:30:02,195
"The best of the house
of krakenthorp
1410
01:30:02,197 --> 01:30:05,899
have open, but not empty minds.
1411
01:30:05,901 --> 01:30:12,606
No surprise then that the most
valorous krakenthorpians
1412
01:30:12,608 --> 01:30:13,774
have been women!"
1413
01:30:17,579 --> 01:30:24,684
"A lady krackenthorp at all
times must conduct herself
1414
01:30:24,686 --> 01:30:27,554
with dignity and grace.
1415
01:30:27,556 --> 01:30:32,592
We now request certain
essential documents.
1416
01:30:32,660 --> 01:30:35,996
Have you brought your niece's
birth certificate?"
1417
01:30:45,840 --> 01:30:49,342
"Ours is a family
wildly trumpeted,
1418
01:30:49,344 --> 01:30:55,649
hence we must take precautions
against fraudulent pretenders."
1419
01:31:12,200 --> 01:31:15,335
Justice ginsburg, I think everyone expected you
1420
01:31:15,337 --> 01:31:16,703
to retire soon. I mean, you're 83.
1421
01:31:16,705 --> 01:31:21,308
Yeah, you're damn right. I was
gonna retire. Ugh! But not now.
1422
01:31:21,310 --> 01:31:24,110
Not now, now I gotta stay
alive and healthy.
1423
01:31:24,112 --> 01:31:26,012
Damn it. Give me my thing.
1424
01:31:26,014 --> 01:31:27,614
Excuse me, I gotta take
my vitamins.
1425
01:31:27,616 --> 01:31:30,684
Colin jost: Oh my god,
that's...
1426
01:31:32,821 --> 01:31:35,188
Jost: ...That's... That's a packet.
1427
01:31:41,162 --> 01:31:44,498
Totenberg: Justice ginsburg,
let me ask you a tough question.
1428
01:31:44,500 --> 01:31:50,537
There were liberals who publicly
urged you to retire, uh...
1429
01:31:50,805 --> 01:31:51,538
Two or three years ago,
1430
01:31:51,540 --> 01:31:55,575
so that president Obama
could name a replacement.
1431
01:31:55,577 --> 01:31:58,979
Any second thoughts
about not doing that?
1432
01:32:00,681 --> 01:32:04,284
I have said many times
that I will...
1433
01:32:04,452 --> 01:32:05,785
Do this job...
1434
01:32:05,787 --> 01:32:10,490
As long as I can do it
full steam...
1435
01:32:10,791 --> 01:32:12,893
And when I can't...
1436
01:32:13,427 --> 01:32:18,031
That will be the time,
i will step down.
1437
01:32:19,500 --> 01:32:23,537
Miller: She has found her voice on the court.
1438
01:32:23,539 --> 01:32:26,306
She is a center of power...
1439
01:32:26,374 --> 01:32:28,141
On the court and off the court.
1440
01:32:28,143 --> 01:32:30,277
Totenberg: When the history books are written,
1441
01:32:30,279 --> 01:32:32,345
an enormous amount will be about
1442
01:32:32,347 --> 01:32:35,081
what she did as a very young
lawyer.
1443
01:32:35,083 --> 01:32:38,084
Peratis: There would not have been the legal status
1444
01:32:38,086 --> 01:32:42,489
of women today had it not been for her work in the '70s.
1445
01:32:42,491 --> 01:32:44,057
She changed everything.
1446
01:32:44,059 --> 01:32:49,329
Ruth: The gender line helps to keep women not on a pedestal
1447
01:32:49,331 --> 01:32:50,530
but in a cage
1448
01:32:50,532 --> 01:32:54,367
Ruth's work made me feel
as if I was protected
1449
01:32:54,369 --> 01:32:57,003
by the U.S. constitution
for the first time.
1450
01:32:57,005 --> 01:33:00,206
Ruth: Men and women are persons of equal dignity
1451
01:33:00,208 --> 01:33:02,909
and they should count equally before the law.
1452
01:33:02,911 --> 01:33:07,147
She may be small but she's got
a firm backbone.
1453
01:33:07,149 --> 01:33:09,182
Carmon: It's been a long road for her
1454
01:33:09,184 --> 01:33:13,253
and she's fought really hard all the way down it.
1455
01:33:13,255 --> 01:33:14,854
She's not done fighting.
1456
01:33:14,856 --> 01:33:17,924
Ruth: Looking back over my long life.
1457
01:33:17,926 --> 01:33:21,828
Yes, we may be
in trying times...
1458
01:33:22,563 --> 01:33:24,664
But think how it was.
1459
01:33:24,999 --> 01:33:27,167
Ruth: When I went to college...
1460
01:33:27,169 --> 01:33:30,804
There was a big red scare
in our country.
1461
01:33:30,806 --> 01:33:34,774
Some people in our congress saw
a communist in every closet
1462
01:33:34,776 --> 01:33:37,577
and in every corner.
But it impressed me,
1463
01:33:37,579 --> 01:33:39,713
that there were lawyers
reminding our congress
1464
01:33:39,715 --> 01:33:42,048
that we have freedom of speech
and of the press.
1465
01:33:42,050 --> 01:33:46,820
So I thought that that was
a pretty good thing to do...
1466
01:33:48,556 --> 01:33:51,424
To help keep our country in tune
1467
01:33:51,426 --> 01:33:56,396
with its most basic values.
1468
01:33:57,598 --> 01:34:00,400
Now is the busiest season
for the court.
1469
01:34:00,402 --> 01:34:04,504
All dissenting opinions
have to be...
1470
01:34:05,272 --> 01:34:06,673
Circulated.
1471
01:34:06,675 --> 01:34:10,710
And I have a few of those
still to go.
1472
01:34:10,712 --> 01:34:15,281
One of the world's greatest
jurists, judge learned hand...
1473
01:34:15,283 --> 01:34:18,918
Said, "that the spirit
of Liberty that imbues
1474
01:34:18,920 --> 01:34:23,857
our constitution must lie first
and foremost in the hearts
1475
01:34:23,859 --> 01:34:28,194
of the men and women who compose
this great nation...
1476
01:34:28,196 --> 01:34:34,334
A community where the least shall be heard and considered
1477
01:34:34,336 --> 01:34:37,804
side by side with the greatest.
1478
01:34:38,339 --> 01:34:42,308
I will keep that wisdom
in the front of my mind
1479
01:34:42,310 --> 01:34:45,578
as long as I am capable of judicial service."
1480
01:34:45,580 --> 01:34:52,318
Court officer: Oyez, oyez, oyez, the court is now sitting.
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