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slow poignant
instrumental music
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- I don't like to speak of
my own personal experience,
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but I will cite one example
because it is a general one.
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I did very well in law school.
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It was not possible
to do much better.
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There was not a single
law firm in the whole city
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of New York that would invite me
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to come even for an interview.
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I don't have two heads, so
that wasn't the problem.
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I suspected that the door
was closed because of my sex,
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so the barriers were there,
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and it isn't simply a question
of changing ages of marriage.
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Institutions, gatekeepers
shut the door to women,
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and those doors have
been open very recently.
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- Man How are you holding up?
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muffled speaking
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people applauding
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heels clacking
muffled chatter
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- There's remarkable
little knowledge
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among college students
about the Supreme Court.
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I've been teaching college
students almost every year
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that I've been a law
professor, and it's remarkable
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how few justices they could name
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or how little they know
about the Constitution.
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I've seen opinion
polls that more people
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can name the Seven Dwarfs
than can name justices
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on the United States
Supreme Court.
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I think it's because
people don't appreciate
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how much what the Supreme
Court does affects their lives.
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muffled chatter
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- All righty. Good
evening, everybody.
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people cheering
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- Well, welcome to
the White House.
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people cheering and applauding
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- There she is, also known
as the Notorious RBG.
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lively instrumental music
audience applauds
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- Please give a warm welcome
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to Supreme Court Justice
Ruth Bader Ginsberg.
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- So Notorious BIG and I
had something in common.
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We were both born and bred
in Brooklyn, New York.
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- How does it feel to
become at this stage
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in your life this character?
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- It's awesome.
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audience laughs and applauds
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- "I'm not a rockstar"?
Au contraire.
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audience laughs
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She is a rockstar. laughs
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crowd cheering
soft poignant music
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audience applauds
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- Thank you.
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My assignment this morning is
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to describe the
essential difference
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between the 14th Amendment
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and the proposed
Equal Rights Amendment
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as a foundation for
a constitutional sex
equality principle.
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In a nutshell, the
difference is this.
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The equal status and dignity
of men and women under the law
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is the animating purpose
of Equal Rights Amendment.
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By contrast, sex equality
was not contemplated
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by the framers of
the 14th Amendment.
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The law is a
consuming love for me.
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It seemed to me an area in
which women were not yet wanted.
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When you look at
the Supreme Court
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and there isn't one woman,
you don't aspire to something
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that is such a
remote possibility.
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- Woman Were you surprised
when you were appointed?
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- I don't think it's fair
to say that I was surprised.
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I was elated that the
Carter administration
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made a concerted effort to
appoint women to the judiciary
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so then, at that
point, I could aspire.
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- Woman Do you have
any aspirations for
the Supreme Court?
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- I'm entirely
content with the job
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that I now have as I did not
target the Court of Appeals
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for the DC circuit as
my life's ambition.
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So I don't target any other job.
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flash bulbs bursting
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- She argued six
landmark cases in behalf
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of women before the United
States Supreme Court
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and happily won five out of six.
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I am proud to nominate this
pathbreaking attorney, advocate,
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and judge to be
the 107th justice
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to the United States
Supreme Court.
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audience applauds
flash bulbs bursting
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- Mr. President, I am
grateful beyond measure
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for the confidence
you have placed in me.
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I have a thank you.
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It is to my mother,
Celia Amster Bader,
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the bravest and strongest
person I have known,
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who was taken from
me much too soon.
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I pray that I may be all
that she would have been
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had she lived in an age when
women could aspire and achieve
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and daughters are
cherished as much as sons.
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Thank you.
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audience applauds
flash bulbs bursting
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- This is only the day after
my nomination was announced.
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I'm still sometimes thinking
I'm walking in a dream.
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flash bulbs bursting
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- Woman Some reports from
conservative interest group
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that they are concerned that
Judge Ginsburg may legislate
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from the bench and not
merely interpret the law.
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- I have never
been as optimistic
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in naming Judge Ginsburg
to move to the court.
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She probably
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will have had a more
difficult time the first time
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in the circuit
court than she will
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through the Supreme Court.
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- I intend to cooperate
with the committee
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in every way I can to
expedite the process,
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and for the rest,
I am what I am,
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and I hope that they
will be pleased.
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heels clacking
muffled chatter
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- Today, the Senate
Judiciary Committee
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welcomed 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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muffled chatter
gavel bangs
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Would you be kind
enough though, judge,
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to introduce your family to us?
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- My life's partner for
39 years, Martin Ginsburg.
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- Joe Welcome, welcome.
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- Ruth And my son from
the great state of Chicago,
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James Ginsburg.
- All right. laughs
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- And my incredible
daughter, Jane Ginsberg
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and Clara and Paul Spera.
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- Well, you have quite a
family, and we welcome you all.
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Senator Metzenbaum.
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- Happy to see you
here, Judge Ginsburg.
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In your view is the right
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to choose a fundamental
constitutional right?
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tense contemplative music
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- Majority of the court has
said that this is a right
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of a woman guaranteed
by the 14th Amendment.
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It's a decision that she
must make for herself.
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The case poses the
question, who decides?
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Is it the state
or the individual?
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I think that the
most recent decision
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says the woman decides.
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- I think you ought to tell
us where you really come down
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on this thing because
I'm not asking you
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to decide a future case.
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I'm just asking you to is
it in the Constitution?
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Is it constitutional?
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- It's certainly a
question that is going
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to be before this court, so
this is the kind of question
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that it would be injudicious
for me to address.
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- Our next panel is
comprised of representatives
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of a number of groups
wishing to testify
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in opposition to the
nomination of Judge Ginsburg.
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- Consistent with her
warped perspective,
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Mrs. Ginsburg, as a litigator,
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argued that pregnancy
should be treated
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as a disability rather
than as a gift from God.
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- Because Judge Ginsburg
holds this view,
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I oppose her
nomination and urge you
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to vote against
the confirmation.
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- Personally, I disagree
with her on this issue,
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but she's an excellent person
and a fine judicial scholar.
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- Joe The next
panel is comprised
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of a former ACLU colleague.
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- When she was
teaching at Columbia
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and running the ACLU
Women's Rights Project,
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her vision of social justice
was instructive to all of us.
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Her nomination to
the Supreme Court,
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I think, fulfills her destiny.
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- I was just wondering what
it was in your own experience
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that really led you
to take this path
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and devote so much
of your career
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to breaking down
the legal barriers,
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the advancement of the
women in our society.
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- Senator Kennedy, I'm very
sensitized to discrimination.
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I grew up at the time of World
War II in a Jewish family.
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slow somber instrumental music
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I have memories as a
child, even before the war,
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of being in a car with my
parents and driving places,
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and there was a sign
in front of a resort,
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and it said, "No dogs
or Jews allowed."
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That in this country
during my childhood.
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People who have
known discrimination
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are bound to be
sympathetic to understand.
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I want to thank Judge
Ginsburg for revealing
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not only the
brilliant of her mind
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but I think of her
soul and heart as well.
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- Now I know just how
really fitting and proper
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and how significant this
vote is going to be for me.
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- Whatever you've been doing
has worked pretty well,
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so keep doing it.
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poignant instrumental music
muffled chatter
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audience applauds
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- I, Ruth Bader Ginsburg,
do solemnly swear.
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- I, Ruth Bader Ginsburg,
do solemnly swear.
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- That I will support and
defend the Constitution
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of the United States.
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- That I will support and
defend the Constitution
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of the United States.
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- So help me God.
- So help me God.
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flash bulbs bursting
audience applauds
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- Bill Her story already
is a part of our history.
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Now her words and her
judgments will help
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to shape our nation today and
well into the 21st century.
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- It's by far the best
place I have ever worked.
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The relationship among
the justices is very close
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because no matter how
great our differences
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on what the law
is or ought to be,
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we know it will suffer
if we can't get on well
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Having Justice O'Connor
here for 12 years
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before I came made it
infinitely easier for me.
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She is an exceptionally fine
and well-respected judge,
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and she has been such a warm
and wonderful friend to me.
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Although we come from very
different areas of the country,
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I would say there's much more
bonding between the two of us
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than there is between any
two men on that court.
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audience laughs
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I wish student groups would
come and visit the court.
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A very hearty welcome to the
Supreme Court to all of you.
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Please sit down, and
perhaps one of the teachers
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can tell me a little
bit about you.
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- You have two classes
of 5th grade students,
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ages ranging between
10 and 12 years old,
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and we're from Indianapolis.
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- Ruth Very good.
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- Was it hard to be on
the Supreme Court justice
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because you're a woman?
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- It's becoming
less and less hard.
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When I graduated
from law school,
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no woman in the history of
the country had ever been
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on the Supreme Court,
but times have changed.
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upbeat lively 50s music
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My mother wanted me
to be a school teacher
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because that would afford
me a nice steady income
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and leave time for a
husband and a family.
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Doors were totally
shut to most women.
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Women simply could
not be prosecutors.
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The law was not the
way to independence.
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When I graduated from law
school with high grades,
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there was not a single law
firm in the entire city
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of New York that
offered me employment.
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In those days, I had
three strikes against me.
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One is I was Jewish, and many
firms were just beginning
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to let down racial, religious,
national origin barriers.
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Another, I was a
woman, and then the one
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that I think really did me in
242
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was I had a
four-year-old daughter.
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It was enough of a risk to
take a chance on a woman,
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but taking a chance on
a mother was too much.
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tense contemplative music
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- Justice Ginsburg,
first of all,
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I'd like to say that
you don't look anything
248
00:17:03,631 --> 00:17:04,980
near 60 years of age.
249
00:17:05,067 --> 00:17:06,503
laughs
250
00:17:06,590 --> 00:17:08,418
And secondly, could you
tell us a little bit
251
00:17:08,549 --> 00:17:09,898
about your family history?
252
00:17:11,987 --> 00:17:13,336
light jaunty music
253
00:17:13,467 --> 00:17:17,471
- My husband was my
classmate in college.
254
00:17:17,601 --> 00:17:19,908
We met when he was
18 and I was 17.
255
00:17:22,563 --> 00:17:26,654
- The truth is, it was a blind
date only on Ruth's side.
256
00:17:26,784 --> 00:17:28,612
audience laughs
257
00:17:28,743 --> 00:17:30,223
I cheated.
258
00:17:30,310 --> 00:17:32,268
audience laughs
259
00:17:32,399 --> 00:17:36,577
- We were best friends
during our college days.
260
00:17:36,707 --> 00:17:40,668
- "Oh, she's really cute,"
I perceptively noticed.
261
00:17:40,798 --> 00:17:42,713
audience laughs
262
00:17:42,844 --> 00:17:44,933
And then after a
couple of evenings out,
263
00:17:45,064 --> 00:17:49,590
I, "and boy she's
really, really smart."
264
00:17:51,374 --> 00:17:55,422
- And when I graduated from
college, we got married.
265
00:17:57,293 --> 00:18:00,166
I have a daughter and a son.
266
00:18:03,082 --> 00:18:05,823
My daughter has two
wonderful children.
267
00:18:08,174 --> 00:18:09,784
- It's quite simple.
268
00:18:09,914 --> 00:18:13,048
Your wife has a job,
which, deep in your heart,
269
00:18:13,179 --> 00:18:14,049
you wish you had.
270
00:18:14,180 --> 00:18:16,878
audience laughs
271
00:18:19,098 --> 00:18:21,839
- It wasn't easy to
get that first job.
272
00:18:24,581 --> 00:18:26,757
I had a great professor.
273
00:18:26,844 --> 00:18:29,064
He recommended me to a judge
274
00:18:29,195 --> 00:18:30,979
who always hired his law
clerks from Columbia.
275
00:18:33,808 --> 00:18:36,202
The judge said, "Well,
I've looked at her resume.
276
00:18:36,332 --> 00:18:40,031
She has a four-year-old
daughter. How can
I rely on her?"
277
00:18:43,122 --> 00:18:48,083
And the professor said, "If
you don't give her a chance,
278
00:18:48,170 --> 00:18:52,261
I will never recommend another
Columbia clerk to you."
279
00:18:52,392 --> 00:18:53,958
audience laughs
280
00:18:54,089 --> 00:18:55,656
And that's how I got my
first job muffled speaking.
281
00:18:58,354 --> 00:18:59,921
There was an offer
from Rutgers Law School
282
00:19:00,051 --> 00:19:02,184
to teach procedure.
283
00:19:02,315 --> 00:19:05,840
If I didn't take it, an
offer my never come again.
284
00:19:08,016 --> 00:19:10,888
My students, they wanted a
course in women in the law.
285
00:19:12,890 --> 00:19:16,720
In the space of one month, I
read every federal decision
286
00:19:16,851 --> 00:19:19,854
that had ever been written in
the area of gender in the law.
287
00:19:21,551 --> 00:19:22,944
There was barely anything.
288
00:19:24,859 --> 00:19:28,036
women chanting faintly
up-tempo uplifting music
289
00:19:30,647 --> 00:19:32,258
- Irin The country was
experiencing upheavals inspired
290
00:19:32,345 --> 00:19:35,652
by activists who were
no longer willing
291
00:19:35,783 --> 00:19:37,176
to accept the status quo.
292
00:19:42,529 --> 00:19:45,445
- Ruth Women came into the
American Civil Liberties Union
293
00:19:45,575 --> 00:19:47,882
and complained that they had
to go on maternity leave.
294
00:19:50,580 --> 00:19:52,713
You didn't get paid
for that leave,
295
00:19:52,800 --> 00:19:54,280
and you didn't have
any right of return
296
00:19:54,410 --> 00:19:56,282
unless the school
wanted you back.
297
00:19:58,327 --> 00:19:59,894
- Woman There were
still laws on the books
298
00:20:00,024 --> 00:20:02,549
that said women can't work
more than certain hours.
299
00:20:02,679 --> 00:20:03,811
They can't work at night.
300
00:20:03,941 --> 00:20:06,596
They can't lift
more than 15 pounds.
301
00:20:06,727 --> 00:20:08,207
And basically,
those laws were used
302
00:20:08,337 --> 00:20:10,252
to keep women out
of high-paying jobs.
303
00:20:12,646 --> 00:20:14,387
- Ruth The American
Civil Liberties Union
304
00:20:14,517 --> 00:20:15,562
in New Jersey turned to me,
305
00:20:15,692 --> 00:20:17,912
so those are the
cases we started with.
306
00:20:21,394 --> 00:20:24,614
- The ACLU was at the beginning
of doing women's rights work
307
00:20:24,745 --> 00:20:26,790
and was really in the forefront
308
00:20:26,921 --> 00:20:30,141
of big-time gender
discrimination litigation,
309
00:20:31,404 --> 00:20:32,883
and Ruth was the head of it.
310
00:20:35,190 --> 00:20:38,193
- Ruth Our lead
case was Reed V Reed
311
00:20:38,324 --> 00:20:41,892
soft melancholy
instrumental music
312
00:20:42,023 --> 00:20:46,114
Sally Reed, whose
son died tragically
313
00:20:46,245 --> 00:20:48,116
and killed himself with
his father's rifle.
314
00:20:50,597 --> 00:20:53,991
She wanted to be appointed
administrator of his estate.
315
00:20:55,906 --> 00:21:00,259
The statute read, "As between
persons equally entitled
316
00:21:01,782 --> 00:21:04,263
to administer a
decedent's estate,
317
00:21:04,393 --> 00:21:07,091
males must be
preferred to females,"
318
00:21:08,441 --> 00:21:10,051
and it was the
turning point case.
319
00:21:13,620 --> 00:21:15,926
- It was the first time
the Supreme Court found
320
00:21:16,057 --> 00:21:19,713
that gender discrimination
was unconstitutional.
321
00:21:19,843 --> 00:21:23,282
The decision in that
case was revolutionary.
322
00:21:30,289 --> 00:21:33,335
Ruth spent the next 10 years
just blasting the door open.
323
00:21:37,078 --> 00:21:39,646
- Girl Of the six women's
right cases you've argued
324
00:21:39,733 --> 00:21:41,169
before the Supreme Court,
325
00:21:41,256 --> 00:21:42,475
which do you think has
made the biggest change?
326
00:21:42,605 --> 00:21:47,741
- One of my favorites
involved a father,
327
00:21:49,656 --> 00:21:54,487
a man whose wife was the
dominant earner in the family,
328
00:21:54,617 --> 00:21:56,532
and she died tragically
in childbirth.
329
00:21:58,360 --> 00:22:02,451
He wanted to work only part
time and tend to his child.
330
00:22:03,931 --> 00:22:05,672
He sought social
security benefits
331
00:22:05,802 --> 00:22:08,805
to assist him in that
effort and was told,
332
00:22:08,936 --> 00:22:11,199
"Well, those benefits
aren't available to you.
333
00:22:11,330 --> 00:22:13,157
Those are mother's benefits."
334
00:22:15,943 --> 00:22:17,379
- The judges actually
disbelieved that this
335
00:22:17,510 --> 00:22:20,251
could be a real
case because they
336
00:22:20,382 --> 00:22:21,557
couldn't imagine a man wanting
337
00:22:21,688 --> 00:22:24,821
to be the primary
caregiver to his son.
338
00:22:27,955 --> 00:22:30,174
- Ruth That judgment
declares the gender line
339
00:22:30,305 --> 00:22:33,569
at issue unconstitutional
because it discriminates
340
00:22:33,700 --> 00:22:36,267
in violation of
the 5th Amendment
341
00:22:36,398 --> 00:22:39,140
against gainfully employed
women, such as Paula Wiesenfeld,
342
00:22:40,620 --> 00:22:43,187
as well as against
men and children
343
00:22:43,318 --> 00:22:44,188
who have lost their
wives and mothers.
344
00:22:48,889 --> 00:22:52,022
- Warren A three-judge
district court in
New Jersey held
345
00:22:52,153 --> 00:22:56,592
that this sex-based
discrimination was
unconstitutional.
346
00:22:58,812 --> 00:23:00,683
We agree, and we affirm.
347
00:23:02,206 --> 00:23:05,993
poignant instrumental music
348
00:23:09,344 --> 00:23:13,304
- Ruth The Supreme Court
unanimously held in favor
349
00:23:13,392 --> 00:23:17,221
of that father because the
baby who had lost a mother
350
00:23:20,224 --> 00:23:24,228
rather than a father did
not have the opportunity
351
00:23:24,359 --> 00:23:26,187
to be cared for by the
sole surviving parent.
352
00:23:28,494 --> 00:23:32,628
The strategy was to go
after gender stereotypes
353
00:23:32,759 --> 00:23:37,416
and to rid the law books
of these arbitrary lines
354
00:23:38,982 --> 00:23:42,290
that separated the
world into two spheres,
355
00:23:42,421 --> 00:23:44,684
the world outside the home,
which belonged the man,
356
00:23:44,771 --> 00:23:49,123
and the world within the home
that was women's province.
357
00:23:51,430 --> 00:23:56,043
- ME She came up with the
idea of using men as plaintiffs.
358
00:23:57,784 --> 00:24:01,962
- These were men who is the
male survivor of a wife,
359
00:24:03,006 --> 00:24:04,181
they didn't get the benefit.
360
00:24:04,312 --> 00:24:06,662
It was discrimination
against the widower,
361
00:24:06,793 --> 00:24:09,056
but it was also discrimination
against the woman.
362
00:24:12,189 --> 00:24:14,540
- We were given various
tasks relating to the briefs,
363
00:24:14,670 --> 00:24:16,106
and she discussed
the case with us,
364
00:24:16,237 --> 00:24:19,588
and we saw the
evolution of the briefs.
365
00:24:21,764 --> 00:24:24,463
We would do drafts, and then
Ruth would rewrite them.
366
00:24:24,593 --> 00:24:28,771
laughs She was an amazing
writer, and the expression was,
367
00:24:28,902 --> 00:24:31,382
"If you could get the briefs
to sing," and hers sang.
368
00:24:34,168 --> 00:24:34,908
They were powerful.
369
00:24:36,692 --> 00:24:40,087
It's like people said when
Tiger Woods was at his peak,
370
00:24:40,217 --> 00:24:43,090
Tiger was playing golf up here,
371
00:24:43,220 --> 00:24:45,309
and everybody else was
playing golf down there.
372
00:24:45,396 --> 00:24:49,879
He was at another level,
and Ruth was like that.
373
00:24:55,363 --> 00:24:58,801
- Craig Versus Boren and
sometimes called the Beer Case.
374
00:24:58,932 --> 00:24:59,759
audience laughs
375
00:24:59,889 --> 00:25:02,283
Oklahoma had a very silly law.
376
00:25:02,413 --> 00:25:06,461
Girls could buy beer at age 18,
377
00:25:06,592 --> 00:25:11,118
but the boys had to
wait until age 21.
378
00:25:11,248 --> 00:25:13,990
So the thirsty boys
at a fraternity
379
00:25:14,121 --> 00:25:15,426
audience laughs
380
00:25:15,557 --> 00:25:19,692
in Stillwater, Oklahoma
brought this case.
381
00:25:19,822 --> 00:25:22,303
bluesy rock guitar music
382
00:25:24,914 --> 00:25:26,568
- Man It says that all
females, even those that
383
00:25:26,655 --> 00:25:30,050
are the most drunk, most
alcoholic, most immature,
384
00:25:30,180 --> 00:25:33,749
and most irresponsible
may purchase 3.2% beer
385
00:25:33,836 --> 00:25:36,665
at age 18 in absolutely
unlimited quantities.
386
00:25:36,796 --> 00:25:37,623
- Warren The
law doesn't say it
387
00:25:37,753 --> 00:25:39,320
in quite those words, does it?
388
00:25:39,450 --> 00:25:42,541
audience laughs
389
00:25:42,671 --> 00:25:43,716
- Man No, your honor,
and the law doesn't say it
390
00:25:43,846 --> 00:25:48,285
in quite the words that
all males 18 to 21,
391
00:25:48,372 --> 00:25:50,549
even though they are the
most mature, most sober,
392
00:25:50,679 --> 00:25:53,552
or most self restrained
can't purchase a drop of it.
393
00:25:53,682 --> 00:25:56,032
- Trying to hear
laughs the Oklahoma,
394
00:25:56,163 --> 00:25:57,991
I think it was the
Oklahoma attorney general,
395
00:25:58,121 --> 00:26:00,950
argue this case seriously
was just hysterical.
396
00:26:03,562 --> 00:26:05,955
That case in some ways it's
so stupid that it was easier,
397
00:26:07,740 --> 00:26:09,306
but it was a good precedent
398
00:26:09,437 --> 00:26:11,439
because it got people
thinking about stereotypes.
399
00:26:14,660 --> 00:26:17,619
- I can tell you a case
that made a big difference.
400
00:26:19,882 --> 00:26:24,408
It was a case involving
service of women on juries.
401
00:26:26,672 --> 00:26:31,328
Women were not called for jury
duty unless they volunteered,
402
00:26:31,459 --> 00:26:34,767
and that was regarded as fine,
403
00:26:34,897 --> 00:26:38,945
not as any kind of
discrimination against women
404
00:26:39,075 --> 00:26:42,165
but, in fact, discrimination
in their favor.
405
00:26:44,037 --> 00:26:47,475
But some women had the sense
that the state was making them
406
00:26:49,912 --> 00:26:53,437
or regarded them as
dispensable, not really needed.
407
00:26:56,440 --> 00:26:57,311
- Warren We'll
hear arguments next
408
00:26:57,441 --> 00:27:01,402
in 6067, Duren against Missouri.
409
00:27:03,317 --> 00:27:05,319
- Man Mr. Chief Justice,
may it please the court.
410
00:27:07,713 --> 00:27:11,586
In March of 1976, petitioner
Billy Duren appeared for trial
411
00:27:11,717 --> 00:27:14,371
in the Jackson
County Circuit Court.
412
00:27:14,502 --> 00:27:17,505
Appearing with Mr.
Duren was a jury panel.
413
00:27:17,592 --> 00:27:21,291
That panel of 53 people
included only five women.
414
00:27:22,989 --> 00:27:25,861
If women are not on juries
in sufficient numbers,
415
00:27:25,992 --> 00:27:28,995
Billy Duren's right to a fair
cross-sectional jury panel
416
00:27:29,125 --> 00:27:30,605
has been defeated.
417
00:27:30,736 --> 00:27:33,347
melancholy contemplative
instrumental music
418
00:27:33,477 --> 00:27:35,697
- I divided the argument
with the public defender
419
00:27:35,828 --> 00:27:39,527
from Kansas City, so I
had a precious 15 minutes.
420
00:27:41,921 --> 00:27:43,836
- Warren Mrs. Ginsburg,
if you may lower the lectern
421
00:27:43,966 --> 00:27:45,011
if you would like.
422
00:27:45,141 --> 00:27:47,622
courtroom chuckles
423
00:27:47,753 --> 00:27:50,886
- Mr. Chief justice, and
may it please the court
424
00:27:51,017 --> 00:27:54,977
hear Billy Duren's
right to a fair chance
425
00:27:55,108 --> 00:27:58,285
for a jury genuinely
representative
426
00:27:58,415 --> 00:28:01,549
of the communities
complexion, and second,
427
00:28:01,680 --> 00:28:04,508
the vaunted woman's privilege.
428
00:28:04,639 --> 00:28:07,729
Women traditionally were
deemed lesser citizens.
429
00:28:07,860 --> 00:28:11,602
- Warren That wouldn't
concern Mr. Duren, would it?
430
00:28:13,996 --> 00:28:17,696
- Ruth Mr. Duren has
a right to a jury drawn
431
00:28:19,480 --> 00:28:22,483
from a panel reasonably
representative of the community.
432
00:28:25,225 --> 00:28:28,576
- I actually sat with
her at council table.
433
00:28:28,707 --> 00:28:32,580
Now, very few, I think,
other people or professors
434
00:28:32,711 --> 00:28:34,364
would have been that
gracious and allowed that,
435
00:28:34,495 --> 00:28:36,279
but that was the kind
of person Ruth was.
436
00:28:36,410 --> 00:28:39,587
What was interesting was
watching the oral argument
437
00:28:39,718 --> 00:28:43,373
because Ruth, she clearly
had the respect of the court.
438
00:28:44,766 --> 00:28:49,379
She did very well in
her quiet and direct way
439
00:28:49,510 --> 00:28:50,424
with the court.
440
00:28:53,122 --> 00:28:55,516
Thurgood Marshall, he was very
interesting in oral argument,
441
00:28:55,646 --> 00:28:58,780
and I got the sense
that he got it,
442
00:28:58,911 --> 00:29:02,697
totally got it because
he had been there
443
00:29:05,482 --> 00:29:09,443
and he understood a world
judging you by something
444
00:29:09,573 --> 00:29:13,142
like race or gender that
you had no control over,
445
00:29:13,273 --> 00:29:17,146
and that essentially had really
not much to do with anything
446
00:29:17,277 --> 00:29:19,540
except in the eyes of people
who were stereotyping.
447
00:29:21,194 --> 00:29:23,196
- Byron Under
the Missouri law,
448
00:29:23,326 --> 00:29:25,764
women are eligible
for jury duty,
449
00:29:25,894 --> 00:29:28,592
but they are entitled to
an automatic exemption.
450
00:29:28,723 --> 00:29:31,944
No similar excuse
is available to men.
451
00:29:33,728 --> 00:29:38,167
Duren claims that his a 6th
and 14th amendment right
452
00:29:38,298 --> 00:29:41,910
to a trial by a
jury representing a
fair cross section
453
00:29:42,041 --> 00:29:45,435
of the community is
violated by this scheme.
454
00:29:46,610 --> 00:29:50,789
pleasant uplifting piano music
455
00:29:50,919 --> 00:29:54,618
- As this court
said in the 1960s,
456
00:29:54,749 --> 00:29:59,145
women are the center of
home and family life.
457
00:30:01,843 --> 00:30:04,063
One of my answers
to that question
458
00:30:04,193 --> 00:30:07,718
was men ought to be there, too,
459
00:30:07,849 --> 00:30:11,548
sharing the work of caring
for children and the home,
460
00:30:13,159 --> 00:30:15,639
and women should be
regarded as citizens
461
00:30:15,770 --> 00:30:19,513
in the public arena of
equal stature with men.
462
00:30:22,124 --> 00:30:23,822
That was the essential
message that I endeavored
463
00:30:23,952 --> 00:30:28,087
to get across in all
the cases that I argued.
464
00:30:31,568 --> 00:30:36,356
- Justice Ginsburg
slowly convinced the
Supreme Court that,
465
00:30:36,486 --> 00:30:39,794
under the Equal Protection
Clause of the 14th amendment
466
00:30:39,881 --> 00:30:41,404
and also the 5th amendment,
467
00:30:42,841 --> 00:30:45,495
the government could not
say that men and women
468
00:30:45,626 --> 00:30:46,888
were fundamentally
different and needed
469
00:30:47,019 --> 00:30:49,456
to be treated as
such under the law.
470
00:30:50,805 --> 00:30:54,156
The way that she
approached it was
471
00:30:54,287 --> 00:30:57,725
to take these nine male
justices by the hand
472
00:30:57,812 --> 00:30:58,639
and lead them very
slowly on a path,
473
00:31:00,902 --> 00:31:04,036
and it wasn't until
she had almost entirely
474
00:31:04,166 --> 00:31:06,690
accomplished her goals did they
realize how far they'd come.
475
00:31:09,650 --> 00:31:12,479
- In retrospect and
what we accomplished
476
00:31:12,609 --> 00:31:14,350
and looking back
on those two years,
477
00:31:14,481 --> 00:31:17,223
I always say there was a
brief and shining moment
478
00:31:18,964 --> 00:31:21,749
in my life when I helped
change the world. chuckles
479
00:31:25,666 --> 00:31:29,017
camera clicks
480
00:31:29,148 --> 00:31:30,932
- I would like to present
to you this gift bag
481
00:31:31,063 --> 00:31:33,152
from the city of Indianapolis.
482
00:31:33,282 --> 00:31:36,590
We are known for our winning
Indiana Pacers basketball team
483
00:31:36,720 --> 00:31:38,853
and, of course,
the Indy 500 race.
484
00:31:38,940 --> 00:31:41,508
I sincerely hope you
enjoy our gifts to you.
485
00:31:41,595 --> 00:31:43,466
- Miss, thank you so much.
486
00:31:46,295 --> 00:31:48,167
Oh, let's see this.
487
00:31:48,297 --> 00:31:52,606
- These are flags from the-
488
00:31:52,736 --> 00:31:53,868
- These are flags from-
489
00:31:53,999 --> 00:31:56,784
- Indianapolis for
the Indy 500 race.
490
00:31:56,871 --> 00:32:01,397
- Ah. These I may
share with my grandson.
491
00:32:02,572 --> 00:32:04,096
I think he would
appreciate that.
492
00:32:05,836 --> 00:32:07,316
audience applauds
493
00:32:07,447 --> 00:32:09,144
Well thank you so much.
494
00:32:10,711 --> 00:32:12,800
audience applauds
495
00:32:18,414 --> 00:32:20,939
ME Freedman was one of
my wonderful students
496
00:32:21,026 --> 00:32:25,769
who made it possible
for dreams to come true.
497
00:32:27,815 --> 00:32:28,990
I remember our first meeting.
498
00:32:29,121 --> 00:32:33,821
ME came to my office a
little angry and said,
499
00:32:33,952 --> 00:32:36,824
"The way women are treated
by the law is dreadful,
500
00:32:36,911 --> 00:32:41,089
and I want to take courses
that will help me do things
501
00:32:42,786 --> 00:32:44,136
to aid women."
502
00:32:44,223 --> 00:32:49,619
And I said, "If you want
to aid women and men
503
00:32:49,750 --> 00:32:53,101
and make a better society,
become a damn good lawyer,"
504
00:32:53,232 --> 00:32:55,886
and that's exactly
what she has done.
505
00:32:58,715 --> 00:33:01,588
- She was clearly the
intellectual equal,
506
00:33:01,718 --> 00:33:05,984
if not the superior, of the
nine men she was arguing before.
507
00:33:06,071 --> 00:33:08,943
She was light years ahead
of us and of the justice
508
00:33:09,030 --> 00:33:13,382
who asked the question and
taught her students to be aware
509
00:33:13,513 --> 00:33:16,995
of the need to judge
individuals on their merits,
510
00:33:17,125 --> 00:33:20,302
not on the basis of
stereotype and qualities
511
00:33:20,433 --> 00:33:22,478
like gender that
have nothing to do
512
00:33:22,609 --> 00:33:25,220
with merit and
ability to do the job.
513
00:33:26,743 --> 00:33:27,701
Thank you.
514
00:33:27,788 --> 00:33:30,660
audience applauds
515
00:33:33,054 --> 00:33:36,318
- If any of you have the
opportunity to do that kind
516
00:33:36,405 --> 00:33:39,365
of not-for-profit
public interest work,
you should grab it.
517
00:33:39,495 --> 00:33:40,801
It was an amazing experience.
518
00:33:42,672 --> 00:33:46,981
- I'd like to tell you the happy
ending to one of the cases.
519
00:33:48,852 --> 00:33:53,466
The baby in that story is today
in his last year of college
520
00:33:56,034 --> 00:34:00,690
and has recently applied
to Columbia Law School.
521
00:34:01,778 --> 00:34:04,433
audience applauds and exclaims
522
00:34:04,564 --> 00:34:07,871
uplifting poignant music
523
00:34:16,228 --> 00:34:21,102
cameras clicking
muffled chatter
524
00:34:21,233 --> 00:34:25,802
muffled chatter
group applauds
525
00:34:25,933 --> 00:34:28,979
This was my first
grade class, too,
526
00:34:29,067 --> 00:34:32,722
and I learned to read and
to write in this room.
527
00:34:32,853 --> 00:34:35,986
cameras clicking
528
00:34:36,117 --> 00:34:37,814
To all my friends in this room,
529
00:34:37,945 --> 00:34:40,861
my heart is just brimming over.
530
00:34:40,991 --> 00:34:43,951
There isn't a place that I
would rather have dedicated
531
00:34:44,082 --> 00:34:47,607
to me in this building
than the library.
532
00:34:47,737 --> 00:34:50,305
This is where I learned to read.
533
00:34:50,436 --> 00:34:53,221
This is where I learned
to love learning.
534
00:34:54,353 --> 00:34:57,007
muffled chatter
535
00:34:59,575 --> 00:35:02,100
- Winston Justice
Ginsburg, who a role model
536
00:35:02,187 --> 00:35:04,102
when you were growing up?
537
00:35:05,668 --> 00:35:09,150
- Winston, they didn't
have a term role model
538
00:35:09,281 --> 00:35:13,023
when I was growing up, but
I can think about someone
539
00:35:14,155 --> 00:35:17,506
who was in a book and not real.
540
00:35:17,637 --> 00:35:20,118
But I guess she was a role
model for a lot of us.
541
00:35:20,248 --> 00:35:21,728
She was Nancy Drew.
542
00:35:21,858 --> 00:35:23,817
audience laughs
543
00:35:23,947 --> 00:35:25,906
And then there was
Amelia Earhart.
544
00:35:30,040 --> 00:35:33,870
Not too many women in the
lawyering or judging line
545
00:35:36,134 --> 00:35:36,917
because mostly,
they didn't exist.
546
00:35:38,614 --> 00:35:42,618
audience applauds
cameras clicking
547
00:35:42,705 --> 00:35:44,098
- Woman We are
proud of this room.
548
00:35:44,229 --> 00:35:45,752
We dedicate it to you,
549
00:35:45,839 --> 00:35:47,928
the Ruth Bade
Ginsburg courtroom,
550
00:35:48,058 --> 00:35:50,017
and we hope you will
visit many times.
551
00:35:54,848 --> 00:35:57,459
- I've judged moot courts
all around the country,
552
00:35:57,546 --> 00:36:00,158
but I never dreamed
that a courtroom
553
00:36:00,245 --> 00:36:03,030
would be named after me,
and this is remarkable.
554
00:36:03,117 --> 00:36:04,771
How did you do this?
555
00:36:04,901 --> 00:36:05,728
- Woman Well, let's
have for students come up
556
00:36:05,859 --> 00:36:08,035
and make that presentation.
557
00:36:08,166 --> 00:36:10,037
- Here, your portrait will
hang in this courtroom
558
00:36:10,168 --> 00:36:12,866
as an inspiration to us all
because you represent the level
559
00:36:12,953 --> 00:36:15,521
of excellence that all
of us hope to achieve.
560
00:36:15,608 --> 00:36:16,261
Thank you.
561
00:36:18,176 --> 00:36:22,615
- The first time a port was
done of me, it was a huge woman.
562
00:36:24,182 --> 00:36:27,010
And I looked and it,
I said to the artist,
563
00:36:27,097 --> 00:36:28,360
I showed her my hand.
564
00:36:28,490 --> 00:36:30,753
I said, "Well, my
wrist is very small."
565
00:36:30,884 --> 00:36:34,975
She put a dab of black paint,
but her notion was a woman
566
00:36:35,105 --> 00:36:38,413
to be in power must be large.
567
00:36:38,544 --> 00:36:42,025
She must be at least five
foot 10 and not five foot two.
568
00:36:43,201 --> 00:36:45,464
That looks like me. That's...
569
00:36:45,594 --> 00:36:49,207
audience laughs and applauds
570
00:36:50,338 --> 00:36:53,646
melancholy piano music
571
00:37:00,957 --> 00:37:03,569
The children seem
genuinely happy.
572
00:37:03,699 --> 00:37:06,876
I was happy most of
the time in PS 238,
573
00:37:07,007 --> 00:37:09,314
but I was still there
in the day when,
574
00:37:09,444 --> 00:37:11,359
if you were
left-handed as I was,
575
00:37:11,490 --> 00:37:15,668
the teacher tried
to make you change.
576
00:37:15,798 --> 00:37:18,279
So I remember crying
in the first grade
577
00:37:18,410 --> 00:37:21,413
because I did my penmanship,
and it was simply awful,
578
00:37:21,543 --> 00:37:25,591
but I did it with my
right hand, and I got a D,
579
00:37:25,721 --> 00:37:30,248
and I said, "I will never again
write with my right hand."
580
00:37:35,340 --> 00:37:39,779
The story that was told about
the girls having cooking
581
00:37:39,909 --> 00:37:42,042
and sewing while
the boys had shop,
582
00:37:45,175 --> 00:37:47,177
I remember envying the boys long
583
00:37:47,308 --> 00:37:49,223
before I even knew
the word feminist
584
00:37:51,094 --> 00:37:54,620
'cause I liked shop better
than cooking or sewing.
585
00:37:59,233 --> 00:38:03,803
Our neighborhood was
predominantly Irish,
586
00:38:05,239 --> 00:38:08,721
Italian, Polish,
Catholic, and Jewish.
587
00:38:18,165 --> 00:38:20,950
My mother told me two things.
588
00:38:21,037 --> 00:38:25,607
One was to be a lady and the
other was to be independent,
589
00:38:27,957 --> 00:38:31,221
but most girls
growing up in the 40s
590
00:38:31,352 --> 00:38:34,834
were to find Prince Charming
and live happily ever after.
591
00:38:36,879 --> 00:38:38,707
She said it was most important
592
00:38:38,838 --> 00:38:40,970
to get a job and support myself.
593
00:38:42,798 --> 00:38:45,758
Sadly, she died when I was 17.
594
00:38:45,845 --> 00:38:49,239
She died the day before
my high school graduation.
595
00:38:54,636 --> 00:38:57,160
- She really doesn't talk
much about how that felt.
596
00:39:00,294 --> 00:39:04,777
She internalizes it.
She's quite stoic.
597
00:39:04,864 --> 00:39:09,129
Whether it's her sister
dying young as a child,
598
00:39:09,259 --> 00:39:10,826
whether it's her
mother dying the day
599
00:39:10,957 --> 00:39:12,654
before her high
school graduation,
600
00:39:14,047 --> 00:39:16,005
without that kind of skillset,
601
00:39:16,136 --> 00:39:17,398
everything that
life threw at her,
602
00:39:17,529 --> 00:39:19,792
we might not have her on
the Supreme Court today.
603
00:39:24,927 --> 00:39:29,410
- I think my daughter
is following much
the same career path
604
00:39:30,106 --> 00:39:30,933
as I did.
605
00:39:36,025 --> 00:39:37,505
Jane will speak for herself,
606
00:39:37,636 --> 00:39:40,639
but she might have preferred
something more venturesome
607
00:39:40,726 --> 00:39:43,903
than law because it wasn't a
daring thing to do anymore.
608
00:39:45,557 --> 00:39:46,993
- Woman Speak
for yourself, Jane.
609
00:39:47,123 --> 00:39:49,909
audience laughs
610
00:39:52,520 --> 00:39:54,566
- I don't know whether I
wanna characterize things
611
00:39:54,696 --> 00:39:56,872
in terms of daring or not,
612
00:39:56,959 --> 00:40:00,267
but I guess I certainly
got the feeling that a law
613
00:40:00,398 --> 00:40:03,357
was a profession which gave
you a fair amount of autonomy.
614
00:40:03,488 --> 00:40:07,230
bright uplifting
poignant music
615
00:40:07,361 --> 00:40:11,583
- Ruth We are the first
mother daughter who have taught
616
00:40:11,713 --> 00:40:14,368
at a law school in
the United States.
617
00:40:16,152 --> 00:40:17,240
- My daughter is
three years old,
618
00:40:17,371 --> 00:40:19,199
so it's a little premature.
619
00:40:19,329 --> 00:40:21,549
It'd be nice if she would
be a concert pianist.
620
00:40:21,680 --> 00:40:24,030
She's a pretty
feisty little kid.
621
00:40:24,117 --> 00:40:27,990
There will be legal examples
of bounding since her mother
622
00:40:28,121 --> 00:40:29,557
and her father and
her grandmother
623
00:40:29,688 --> 00:40:32,995
and her grandfather
are all lawyers,
624
00:40:33,126 --> 00:40:35,955
which might persuade her after
all to be a concert pianist
625
00:40:36,085 --> 00:40:37,043
if the talent is there.
626
00:40:37,173 --> 00:40:39,698
audience laughs
627
00:40:50,230 --> 00:40:51,666
- Enter the robing room.
628
00:40:53,581 --> 00:40:56,671
The first thing we do
is go around the room,
629
00:40:56,802 --> 00:41:01,154
each justice shaking
hands with every other.
630
00:41:01,284 --> 00:41:04,418
And that's a symbol of the work
631
00:41:04,505 --> 00:41:06,246
that we do as a collegial body.
632
00:41:10,380 --> 00:41:13,166
We go around the
room in seniority
633
00:41:13,253 --> 00:41:15,429
so the chief will
summarize the case.
634
00:41:17,562 --> 00:41:21,391
No one can enter the room
who is not a justice,
635
00:41:22,436 --> 00:41:24,351
no secretary, no law clerk.
636
00:41:25,787 --> 00:41:28,181
You will not see a laptop.
637
00:41:28,268 --> 00:41:31,271
Notes are taken by
each justice by hand.
638
00:41:32,925 --> 00:41:34,579
They're just a
private conversation
639
00:41:34,709 --> 00:41:38,452
among the justices
about the case.
640
00:41:41,455 --> 00:41:44,284
- When Justice Ginsburg
first became a judge,
641
00:41:44,414 --> 00:41:46,155
she left some of the
work she had hoped
642
00:41:46,286 --> 00:41:48,114
to accomplish unfinished.
643
00:41:49,855 --> 00:41:51,204
Now she got close, but
she didn't go all the way.
644
00:41:53,772 --> 00:41:58,646
With the US versus
Virginia, the VMI case,
645
00:41:58,777 --> 00:42:00,387
she came even closer.
646
00:42:01,475 --> 00:42:03,303
- The Virginia
Military Institute case
647
00:42:03,433 --> 00:42:08,351
is one of a line
of decisions saying
648
00:42:08,482 --> 00:42:11,964
that no doors should
be closed to people
649
00:42:12,094 --> 00:42:16,621
who have the talent and the
will to enter and do the job.
650
00:42:18,536 --> 00:42:19,798
men shouting in distance
soft pleasant music
651
00:42:19,928 --> 00:42:23,236
It was a school maintained
by the state in Virginia
652
00:42:23,366 --> 00:42:25,934
that gave a good education.
653
00:42:26,021 --> 00:42:27,196
footsteps marching in unison
654
00:42:27,283 --> 00:42:29,851
It was a grant opportunity,
655
00:42:29,982 --> 00:42:32,332
but the state afforded it
only to members of one sex.
656
00:42:35,596 --> 00:42:38,033
- Man What we have here
is a single sex institution
657
00:42:38,164 --> 00:42:42,255
for men as designed as a
place to teach manly values
658
00:42:42,385 --> 00:42:44,866
that only men can learn to show
659
00:42:44,997 --> 00:42:46,433
that men can suffer
adversity and succeed.
660
00:42:48,740 --> 00:42:50,568
- Ruth If women
are to be leaders
661
00:42:50,698 --> 00:42:53,788
in life and in the
military, then men have got
662
00:42:53,919 --> 00:42:58,271
to become accustomed to
taking commands from women,
663
00:42:58,358 --> 00:42:59,577
and men won't become
accustomed to that
664
00:42:59,707 --> 00:43:01,143
if women aren't let in.
665
00:43:02,754 --> 00:43:04,756
- Man This court is
called upon to decide
666
00:43:04,843 --> 00:43:08,455
as whether a state institution
can model its program
667
00:43:08,586 --> 00:43:11,327
on the assumption that
there are certain things
668
00:43:11,458 --> 00:43:13,634
that women can't do in general.
669
00:43:13,765 --> 00:43:16,245
There are certain things that
men will not do with women
670
00:43:16,332 --> 00:43:18,857
because those men think that
women are not capable of that.
671
00:43:22,251 --> 00:43:24,427
guns cocking
672
00:43:24,558 --> 00:43:27,039
- Here, the administration
has total control over us.
673
00:43:27,169 --> 00:43:28,606
They can come in our
rooms anytime they want,
674
00:43:28,736 --> 00:43:31,043
and I don't think
that a female student
675
00:43:31,173 --> 00:43:33,523
would like it very
much if somebody
676
00:43:33,611 --> 00:43:35,351
from administration came
in and kicked in her door,
677
00:43:35,482 --> 00:43:36,657
no matter what she was doing.
678
00:43:38,006 --> 00:43:39,355
- They don't belong there.
679
00:43:39,486 --> 00:43:40,748
It's been an all-male school,
680
00:43:40,835 --> 00:43:42,489
just like some of
the black students
681
00:43:42,576 --> 00:43:44,970
in Alabama and Mississippi
are all male black schools.
682
00:43:45,100 --> 00:43:47,102
They don't want whites.
They don't want females.
683
00:43:47,233 --> 00:43:47,886
Leave 'em alone.
684
00:43:49,191 --> 00:43:50,671
- If you don't let women in,
685
00:43:50,802 --> 00:43:53,761
you're gonna always have that
question as to is it fair?
686
00:43:53,892 --> 00:43:55,850
And you always want to
be fair to everybody,
687
00:43:55,981 --> 00:43:57,199
and everybody should have
the same opportunities
688
00:43:57,330 --> 00:43:58,636
as everybody else.
689
00:43:58,766 --> 00:44:02,552
men shouting indistinctly
cannon booms
690
00:44:02,683 --> 00:44:04,859
- Ruth On behalf
of women capable
691
00:44:04,946 --> 00:44:08,036
of all the activities
required of VMI cadets,
692
00:44:09,298 --> 00:44:12,519
instituted this lawsuit in 1990,
693
00:44:12,606 --> 00:44:15,870
maintaining that under the
Equal Protection Clause
694
00:44:16,001 --> 00:44:19,569
of the 14th amendment to the
United States Constitution,
695
00:44:19,657 --> 00:44:24,183
Virginia may not reserve
exclusively for men.
696
00:44:25,358 --> 00:44:29,057
pleasant uplifting music
697
00:44:29,188 --> 00:44:31,364
upbeat marching music
698
00:44:35,847 --> 00:44:39,677
- No one expects you to be able
to run this marathon today.
699
00:44:41,374 --> 00:44:43,942
VMI will provide
you the training
700
00:44:44,072 --> 00:44:47,728
and the conditioning
necessary in such a way
701
00:44:47,815 --> 00:44:49,425
that you will grow over time.
702
00:44:51,776 --> 00:44:54,126
- I remember being
in high school
703
00:44:54,256 --> 00:44:58,043
and watching the VMI decision
when I was in GROTC class,
704
00:45:00,132 --> 00:45:04,049
and I remember hearing and
watching Justice Ginsburg.
705
00:45:04,136 --> 00:45:06,138
And in essence, what
she said is that women
706
00:45:06,268 --> 00:45:09,881
are not inferior to men,
and we can do all things.
707
00:45:10,011 --> 00:45:13,145
My best friend at the time said,
"Women don't belong there."
708
00:45:16,714 --> 00:45:18,890
I told him, "I'm committed."
709
00:45:19,020 --> 00:45:21,936
I said, "Not only will I
go, but I'll graduate."
710
00:45:22,067 --> 00:45:25,984
And so he bet me
$1 in that moment
711
00:45:26,114 --> 00:45:27,028
that I wouldn't make
it out my first year
712
00:45:27,159 --> 00:45:29,204
at the Virginia
Military Institute.
713
00:45:30,902 --> 00:45:33,731
We actually went along
with another fellow cadet,
714
00:45:35,254 --> 00:45:37,169
and I was the only
one to graduate.
715
00:45:39,127 --> 00:45:40,694
My first year was a
little bit of a blur.
716
00:45:40,781 --> 00:45:42,043
There wasn't that many women.
717
00:45:42,174 --> 00:45:43,349
I can't remember
the exact numbers,
718
00:45:43,479 --> 00:45:45,830
but it was a handful of us.
719
00:45:45,960 --> 00:45:46,961
helicopter blades whirring
720
00:45:47,092 --> 00:45:48,441
I think everyone at some point
721
00:45:48,571 --> 00:45:51,096
in time thinks about quitting.
722
00:45:51,226 --> 00:45:53,925
It's hundreds of pushups,
thousands of sit ups,
723
00:45:54,055 --> 00:45:57,624
multiple mal runs with
50-pound back sacks.
724
00:45:59,539 --> 00:46:00,714
There's a lot of yelling.
There's a lot of screaming.
725
00:46:00,801 --> 00:46:02,629
There's no locks on any doors,
726
00:46:02,716 --> 00:46:04,457
and you're roaming
right beside hundreds
727
00:46:04,544 --> 00:46:06,372
of males on either side.
728
00:46:06,502 --> 00:46:07,765
cadets shouting indistinctly
729
00:46:07,895 --> 00:46:10,332
I don't think anything
can prepare you
730
00:46:10,463 --> 00:46:11,899
to that type of experience.
731
00:46:19,646 --> 00:46:23,955
Well, now I am a proud mom of
twin boys, Alex and Xander.
732
00:46:25,173 --> 00:46:25,478
They're 10 months now.
733
00:46:26,871 --> 00:46:29,830
I'm a public defender
in Arlington,
734
00:46:29,961 --> 00:46:32,050
and I'm also the delegate
for the 2nd District
735
00:46:32,180 --> 00:46:32,659
of Prince William and Stafford.
736
00:46:35,053 --> 00:46:37,751
My grandmother always
told me to be the change
737
00:46:37,882 --> 00:46:40,710
that you want to see, so
I decided to throw my hat
738
00:46:40,841 --> 00:46:42,451
in the race and
make that change.
739
00:46:42,582 --> 00:46:44,932
bright uplifting music
740
00:46:45,063 --> 00:46:47,630
VMI instilled principles
in me that I know I
741
00:46:47,761 --> 00:46:49,763
wouldn't have received
any other place.
742
00:46:52,592 --> 00:46:54,812
Well, it teaches you a
fortitude and integrity
743
00:46:54,942 --> 00:46:56,291
and a gogetitness.
744
00:46:58,424 --> 00:46:59,773
Some people would
say to me afterward,
745
00:46:59,860 --> 00:47:02,558
"Well, you were
pregnant," and I'm like,
746
00:47:02,689 --> 00:47:06,606
"Well, that's never an
excuse to not do anything."
747
00:47:06,736 --> 00:47:09,217
We wanna put a qualified
teacher in every classroom.
748
00:47:09,304 --> 00:47:11,698
group cheering and clapping
muffled speaking
749
00:47:11,785 --> 00:47:14,005
My husband and I met
on the second day
750
00:47:14,135 --> 00:47:14,570
at Virginia Military Institute.
751
00:47:16,964 --> 00:47:19,837
It's no problem for him
to stay home and to be
752
00:47:19,967 --> 00:47:23,057
with the babies while
I'm out knocking doors
753
00:47:23,188 --> 00:47:25,581
or going to functions or
speaking at political events.
754
00:47:28,715 --> 00:47:31,849
It is very difficult to know
where I would be right now
755
00:47:31,979 --> 00:47:34,590
if it wasn't for Justice
Ginsburg and her opinion.
756
00:47:36,027 --> 00:47:39,552
She laid the foundation
for all of us,
757
00:47:39,682 --> 00:47:41,510
especially me as
a woman to be able
758
00:47:41,641 --> 00:47:43,425
to attend Virginia
Military Institute,
759
00:47:43,556 --> 00:47:47,473
and I think it helped me reach
the place where I am today.
760
00:47:50,693 --> 00:47:55,394
footsteps marching in distance
761
00:47:55,524 --> 00:47:58,832
- On behalf of VMI corps
cadets, faculty, and staff,
762
00:47:58,963 --> 00:48:01,574
as well as Washington and
Lee and School of Law,
763
00:48:01,704 --> 00:48:02,749
we'd like to present with you
764
00:48:02,880 --> 00:48:04,751
with these tokens
of our appreciation.
765
00:48:04,882 --> 00:48:08,668
audience applauds
766
00:48:08,798 --> 00:48:11,758
- Who would've imagined
that this woman
767
00:48:11,845 --> 00:48:14,021
who nobody would give a
job when she graduated
768
00:48:14,108 --> 00:48:17,590
from law school would
now not only be one
769
00:48:17,720 --> 00:48:18,983
of the nine on the Supreme Court
770
00:48:19,113 --> 00:48:22,029
but also calling upon
the groundbreaking work
771
00:48:22,116 --> 00:48:24,640
that she had done
as an advocate.
772
00:48:24,727 --> 00:48:27,426
It really came full circle
with US Versus Virginia.
773
00:48:28,557 --> 00:48:30,559
- Oh, isn't that beautiful?
774
00:48:32,910 --> 00:48:33,867
- Woman Thank you so much.
775
00:48:33,998 --> 00:48:35,695
audience applauds
776
00:48:35,782 --> 00:48:36,826
- Thank you.
- Thank you.
777
00:48:41,919 --> 00:48:45,661
- This will be placed on a
shelf just behind my desk,
778
00:48:48,316 --> 00:48:52,930
and I am very proud
to put it there.
779
00:49:00,894 --> 00:49:03,810
- There was only one
dissenter in the case
780
00:49:03,941 --> 00:49:07,118
that allowed women into the
Virginia Military Institute.
781
00:49:08,641 --> 00:49:11,296
Justice Scalia dissented.
782
00:49:11,426 --> 00:49:13,733
- Antonin It's not
that women can't do it.
783
00:49:13,863 --> 00:49:17,998
It was that it would interfere
with the kind of relationship
784
00:49:18,129 --> 00:49:22,350
among the students that
produces the adversative method.
785
00:49:24,048 --> 00:49:27,877
- So I took this dissent,
this very spicy dissent,
786
00:49:30,141 --> 00:49:32,534
and it absolutely
ruined my weekend
787
00:49:32,665 --> 00:49:34,232
at the second service.
788
00:49:34,362 --> 00:49:37,322
audience laughs and claps
light pleasant music
789
00:49:37,452 --> 00:49:40,325
How we could be friends
given our disagreement
790
00:49:40,412 --> 00:49:44,633
on lots of things,
Justice Scalia answered,
791
00:49:44,764 --> 00:49:49,160
"I attack ideas, I
don't attack people.
792
00:49:49,290 --> 00:49:52,685
Some very good people
have some very bad ideas."
793
00:49:52,815 --> 00:49:56,819
audience laughs and claps
794
00:49:56,950 --> 00:49:58,865
Our friendship should
not have been surprising
795
00:49:58,952 --> 00:50:00,519
to people who watched the court.
796
00:50:02,216 --> 00:50:05,698
He has an extraordinary
ability to make you smile.
797
00:50:07,395 --> 00:50:08,918
When we were on the
DC circuit together,
798
00:50:11,138 --> 00:50:13,793
Justice Scalia would
whisper something to me.
799
00:50:15,316 --> 00:50:18,841
All I could do to avoid
laughing out loud,
800
00:50:18,972 --> 00:50:21,192
so I would sometimes
pinch myself.
801
00:50:21,279 --> 00:50:22,497
audience chuckles
802
00:50:22,628 --> 00:50:23,933
People sometimes ask me,
803
00:50:24,021 --> 00:50:25,848
"Well, what was your
favorite Scalia joke?"
804
00:50:25,979 --> 00:50:28,373
And I said, "I know what it
is, but I can't tell you."
805
00:50:28,503 --> 00:50:31,811
audience laughs
806
00:50:31,941 --> 00:50:34,640
- To justify the
position of, well,
807
00:50:34,770 --> 00:50:37,034
you can have some slop over.
808
00:50:37,164 --> 00:50:38,557
You don't have to be
too precise about it.
809
00:50:38,687 --> 00:50:39,819
It doesn't matter.
810
00:50:39,949 --> 00:50:42,256
- Man He's called
an originalist,
811
00:50:42,387 --> 00:50:44,824
meaning he believes
that the Constitution
812
00:50:44,954 --> 00:50:47,609
ought to be interpreted
more or less
813
00:50:47,740 --> 00:50:50,960
as the founding fathers meant
for it to be interpreted.
814
00:50:52,614 --> 00:50:54,964
- Contemplating
what the forefathers
815
00:50:55,095 --> 00:50:58,751
would have envisioned had they
foreseen modern conditions.
816
00:51:00,318 --> 00:51:02,189
- Man Her view is
that the Constitution
817
00:51:02,320 --> 00:51:05,062
is what has been called
a living document,
818
00:51:05,192 --> 00:51:09,066
meaning it changes
as society changes.
819
00:51:10,850 --> 00:51:11,720
- I'm sorry, please.
- I was going to.
820
00:51:11,851 --> 00:51:13,244
muffled speaking
821
00:51:13,374 --> 00:51:15,246
You wouldn't wanna live
in most of the countries
822
00:51:15,333 --> 00:51:17,726
of the world that
have a bill of rights
823
00:51:17,813 --> 00:51:19,859
which guarantees freedom
of speech and of the press.
824
00:51:19,989 --> 00:51:21,948
You wouldn't wanna live there.
825
00:51:22,079 --> 00:51:25,256
- I have to disagree with my
colleagues in that respect.
826
00:51:25,343 --> 00:51:27,649
- Marvin I'm glad
that you can do it.
827
00:51:27,780 --> 00:51:28,607
First,
828
00:51:28,737 --> 00:51:29,956
audience laughs
829
00:51:30,087 --> 00:51:32,654
I don't think that
the rest of the world
830
00:51:32,785 --> 00:51:37,398
is regarding our legislature
at the current moment
831
00:51:38,443 --> 00:51:40,445
as a model to be followed.
832
00:51:40,575 --> 00:51:43,404
audience laughs and claps
soft pleasant music
833
00:51:43,535 --> 00:51:45,711
- She disagreed with
everything that he said,
834
00:51:45,841 --> 00:51:46,842
but she loved how he said it.
835
00:51:48,931 --> 00:51:51,630
I don't think that they ever
changed each other's minds.
836
00:51:54,763 --> 00:51:56,069
- Now what's not to like
837
00:51:56,200 --> 00:51:57,940
audience laughs
838
00:51:58,071 --> 00:51:59,464
except her views of
the law, of course?
839
00:51:59,594 --> 00:52:02,597
everyone laughs
840
00:52:02,684 --> 00:52:05,731
- It was about mutual respect.
There was a warmth there.
841
00:52:05,861 --> 00:52:07,254
Their families were friends.
842
00:52:07,385 --> 00:52:08,821
They would spend
New Year's together.
843
00:52:10,866 --> 00:52:15,480
- And Ruth, honest to goodness,
went up behind a motor boat
844
00:52:16,611 --> 00:52:19,745
in a sail-
- Parasail.
845
00:52:19,875 --> 00:52:20,615
- Yeah.
846
00:52:20,746 --> 00:52:24,315
audience laughs
847
00:52:24,445 --> 00:52:26,795
- She's so light, you would
think she would never come down.
848
00:52:26,926 --> 00:52:28,536
audience laughs
849
00:52:28,667 --> 00:52:31,931
- There's no greater lover of
opera than Justice Ginsburg.
850
00:52:32,061 --> 00:52:35,326
- If I could have any
talent God could give me,
851
00:52:35,413 --> 00:52:38,938
I would be a great diva
because I simply love opera.
852
00:52:39,068 --> 00:52:40,983
- So to bring together
her famous friendship
853
00:52:41,114 --> 00:52:44,857
with Scalia in opera form in
many ways was her life's dream.
854
00:52:46,293 --> 00:52:48,556
bright pleasant music
set banging
855
00:52:48,687 --> 00:52:50,210
- Woman We're here at the
Castleton Opera Festival
856
00:52:50,341 --> 00:52:52,169
for "Scalia/Ginsburg."
857
00:52:52,299 --> 00:52:55,215
It's an opera about two
Supreme Court justices,
858
00:52:55,346 --> 00:52:57,652
how they are on opposite sides
of the ideological spectrum,
859
00:52:57,783 --> 00:52:58,871
but they're best friends.
860
00:52:59,959 --> 00:53:03,702
♪ Ruth Bader Ginsburg ♪
861
00:53:03,832 --> 00:53:05,704
audience laughs
862
00:53:05,878 --> 00:53:08,446
♪ It's not the first
time I've had to break ♪
863
00:53:08,533 --> 00:53:09,925
♪ Through a ceiling ♪
864
00:53:10,012 --> 00:53:10,752
audience laughs and cheers
865
00:53:10,839 --> 00:53:12,798
♪ Flexible ♪
866
00:53:12,972 --> 00:53:15,148
♪ Just another
word for liberal ♪
867
00:53:15,279 --> 00:53:16,889
audience laughs
868
00:53:17,019 --> 00:53:18,412
- Irin She did not get
to sing the arias herself.
869
00:53:18,543 --> 00:53:21,023
She always says, "I'd have
the voice of a sparrow."
870
00:53:21,154 --> 00:53:24,288
- I had a wonderful time.
I loved every minute of it.
871
00:53:24,375 --> 00:53:26,420
The song that they sang tonight,
872
00:53:26,551 --> 00:53:27,856
"We are different, we are one,"
873
00:53:27,987 --> 00:53:29,554
I think that captures it.
874
00:53:29,728 --> 00:53:31,382
♪ We are different ♪
875
00:53:31,512 --> 00:53:33,819
- Ruth We each understand
the way the other thinks.
876
00:53:33,993 --> 00:53:35,995
♪ We are one ♪
877
00:53:39,259 --> 00:53:43,263
soft poignant
instrumental music
878
00:53:56,537 --> 00:53:59,453
- He was indeed a
magnificent performer.
879
00:54:00,976 --> 00:54:04,153
How blessed I was to
have a working colleague
880
00:54:04,241 --> 00:54:07,809
and dear friend of such
captivating brilliance,
881
00:54:07,940 --> 00:54:10,203
high spirits, and quick wit.
882
00:54:11,639 --> 00:54:16,383
In the words of a
duet for tenor Scalia
883
00:54:16,514 --> 00:54:20,779
and soprano Ginsburg,
"We were different."
884
00:54:20,866 --> 00:54:24,391
Yes, in our interpretation
of written text,
885
00:54:26,219 --> 00:54:29,788
yet one in our
reverence for the court
886
00:54:32,225 --> 00:54:33,705
and its place in the US.
887
00:54:43,889 --> 00:54:46,674
audience applauds
888
00:54:48,023 --> 00:54:52,767
♪ Ruth Bader Ginsburg ♪
889
00:54:52,941 --> 00:54:57,685
♪ Doctor of law ♪
890
00:54:58,860 --> 00:55:02,168
♪ Come to hear us at the opera ♪
891
00:55:02,342 --> 00:55:06,520
♪ Direct from the
Supreme Court ♪
892
00:55:06,651 --> 00:55:10,350
audience cheers and applauds
893
00:55:21,709 --> 00:55:25,887
- A lot of law students go
straight into the world of work,
894
00:55:26,018 --> 00:55:28,107
but one of the
transition points to get
895
00:55:28,237 --> 00:55:29,717
into the world of
work is clerking.
896
00:55:31,502 --> 00:55:33,852
Clerking is an opportunity
to get behind the scenes
897
00:55:33,982 --> 00:55:36,942
and see a little bit of
how judges make decisions,
898
00:55:37,029 --> 00:55:38,857
which is an
invaluable experience.
899
00:55:38,987 --> 00:55:41,338
melancholy contemplative
instrumental music
900
00:55:41,468 --> 00:55:44,471
I got very lucky. Yes, I did.
901
00:55:44,602 --> 00:55:46,517
I got very lucky, yes.
902
00:55:46,647 --> 00:55:49,084
Working for Justice
Ginsburg was,
903
00:55:49,215 --> 00:55:50,564
in addition to a great honor,
904
00:55:50,651 --> 00:55:52,827
just a tremendous
learning experience.
905
00:55:52,958 --> 00:55:57,310
She's a meticulous editor.
She's a very independent writer.
906
00:55:57,441 --> 00:55:58,224
She's a very
independent thinker.
907
00:56:00,487 --> 00:56:01,967
It was a somewhat
unusual year because
908
00:56:02,054 --> 00:56:03,925
of the Bush versus Gore case.
909
00:56:05,666 --> 00:56:07,233
- Man The Supreme Court
has, for the first time
910
00:56:07,364 --> 00:56:10,149
in American history, decided
to step into a legal dispute
911
00:56:10,279 --> 00:56:12,194
in the midst of a
presidential election.
912
00:56:12,281 --> 00:56:14,066
crowd chanting indistinctly
913
00:56:14,196 --> 00:56:16,285
- That's not every term that
you get something like that.
914
00:56:18,853 --> 00:56:20,551
- Ted This is something
that is unprecedented
915
00:56:20,681 --> 00:56:22,030
in the state of Florida.
916
00:56:22,161 --> 00:56:23,858
That's another change
that took place.
917
00:56:23,945 --> 00:56:25,991
- Ruth Mr. Olson, you
have said the intent
918
00:56:26,121 --> 00:56:27,427
of the voters simply won't do.
919
00:56:27,514 --> 00:56:29,211
It's too vague.
It's too subjective.
920
00:56:29,342 --> 00:56:31,388
But at least, at
least those words,
921
00:56:31,518 --> 00:56:34,695
intent of the voter,
are for the legislature.
922
00:56:36,349 --> 00:56:39,439
- One of the most
remarkable things, I felt,
923
00:56:39,570 --> 00:56:42,399
in watching her up
close during that time
924
00:56:42,486 --> 00:56:45,402
was that she never
lost her cool.
925
00:56:47,229 --> 00:56:50,058
But in the main, you
get to see a little bit
926
00:56:50,189 --> 00:56:52,757
of how the court functions
as an institution
927
00:56:52,887 --> 00:56:55,586
and how the nine
justices decide cases.
928
00:56:57,022 --> 00:56:59,111
I've asked her
about how she thinks
929
00:56:59,198 --> 00:57:01,069
about all the work
she's done as a judge,
930
00:57:01,200 --> 00:57:03,898
and one of the things
she told me is,
931
00:57:04,029 --> 00:57:05,857
"Do your best work
on every case,
932
00:57:05,987 --> 00:57:08,425
decide it, and then let it go."
933
00:57:08,555 --> 00:57:10,775
You cast your vote or
your write your opinion,
934
00:57:10,905 --> 00:57:13,865
and there's the next
case and the next case.
935
00:57:13,995 --> 00:57:16,389
That's true, but your brief
contains not a single example
936
00:57:16,520 --> 00:57:18,260
of anything else
you think is exempt
937
00:57:18,347 --> 00:57:21,002
from this prohibition
other than a law license.
938
00:57:21,133 --> 00:57:22,351
She's been an incredible mentor
939
00:57:22,482 --> 00:57:24,528
to me well past
that single year.
940
00:57:24,615 --> 00:57:27,052
I've had the great
privilege of remaining
941
00:57:27,139 --> 00:57:28,270
in contact with her.
942
00:57:28,357 --> 00:57:32,100
She's every bit the
person she was. laughs
943
00:57:32,231 --> 00:57:33,624
And the current
current challenges?
944
00:57:35,277 --> 00:57:37,279
- The statute books
that were once riddled
945
00:57:37,366 --> 00:57:40,674
with overt sex-based
classification,
946
00:57:40,805 --> 00:57:44,548
in the decade of the 70s,
almost all of them were gone.
947
00:57:44,678 --> 00:57:48,160
What's left and is
harder to get at
948
00:57:48,290 --> 00:57:50,684
is what I call unconscious bias.
949
00:57:54,383 --> 00:57:57,082
Sometimes, it's a
device that works
950
00:57:57,212 --> 00:57:59,258
to overcome unconscious bias,
951
00:57:59,388 --> 00:58:03,697
and my example of that is
the symphony orchestra.
952
00:58:04,872 --> 00:58:06,874
When I was growing up,
you never saw a woman
953
00:58:07,005 --> 00:58:08,180
except playing the harp.
954
00:58:10,095 --> 00:58:12,576
Someone had the bright
idea of dropping a curtain
955
00:58:13,707 --> 00:58:15,840
so the people who were
conducting the audition
956
00:58:15,927 --> 00:58:18,582
didn't know if it
was a woman or a man.
957
00:58:20,453 --> 00:58:23,369
And with that simple
change, the dropped curtain,
958
00:58:23,500 --> 00:58:26,241
almost overnight, women
started to show up
959
00:58:26,328 --> 00:58:28,461
in symphony orchestras.
960
00:58:28,592 --> 00:58:31,638
Not only do we audition
behind a curtain,
961
00:58:31,769 --> 00:58:33,553
but we audition shoeless.
962
00:58:35,512 --> 00:58:38,427
soft contemplative
instrumental music
963
00:58:38,515 --> 00:58:42,344
- So you now sit on a court
that has three women on it.
964
00:58:42,475 --> 00:58:45,304
I actually sit on a court
that has the majority
965
00:58:45,434 --> 00:58:48,525
of women on it, including
a woman as chief justice.
966
00:58:50,439 --> 00:58:52,180
Do you think that the law
would be much different
967
00:58:52,311 --> 00:58:55,053
if there were, say,
four or five women
968
00:58:55,183 --> 00:58:56,184
on the US Supreme Court?
969
00:58:57,925 --> 00:58:59,405
- I think it's pretty good
that we have three now.
970
00:59:01,233 --> 00:59:02,756
Three makes the big difference
971
00:59:02,887 --> 00:59:04,192
because we're all
over the bench,
972
00:59:04,279 --> 00:59:05,585
and I sit toward the middle
973
00:59:05,716 --> 00:59:07,500
because I've been
around so long.
974
00:59:07,631 --> 00:59:09,807
audience laughs
975
00:59:09,937 --> 00:59:12,592
And if any of you have come to
watch the show at the court,
976
00:59:12,723 --> 00:59:15,290
you know that my
newest colleagues
977
00:59:15,421 --> 00:59:17,162
are not shrinking violets.
978
00:59:17,292 --> 00:59:19,991
audience laughs
979
00:59:21,732 --> 00:59:25,300
And yet there are some
cases that at least I think
980
00:59:25,431 --> 00:59:28,565
would have come
out the other way
981
00:59:28,695 --> 00:59:32,786
if there were five
women or more,
982
00:59:32,917 --> 00:59:35,267
and one of them is
Lilly Ledbetter's case.
983
00:59:35,397 --> 00:59:38,400
Every woman understood
Lilly's problem.
984
00:59:38,531 --> 00:59:42,579
contemplative music
car whooshing past
985
00:59:42,709 --> 00:59:47,235
Lilly was a woman who worked
in a Goodyear tire plant.
986
00:59:47,366 --> 00:59:49,324
She was an area manager.
987
00:59:49,455 --> 00:59:52,284
She was hired in the 1970s
988
00:59:52,414 --> 00:59:53,459
when only men were
doing that job.
989
00:59:55,679 --> 00:59:56,984
She was the first woman.
990
01:00:00,988 --> 01:00:04,775
- There was a huge writeup in
the "Business Week" magazine
991
01:00:04,905 --> 01:00:06,385
about Goodyear Gadsden.
992
01:00:07,908 --> 01:00:09,910
They were going to
start hiring women
993
01:00:10,041 --> 01:00:12,739
and minorities into
management positions.
994
01:00:14,262 --> 01:00:16,874
They offered me a
job, but I was told,
995
01:00:18,440 --> 01:00:19,354
"You will never
discuss your pay."
996
01:00:23,184 --> 01:00:26,797
And no one would ever say
anything about their pay.
997
01:00:28,886 --> 01:00:33,586
It was a good job for a
woman. Goodyear was hard work.
998
01:00:33,717 --> 01:00:36,545
I knew it was hot
in the factory.
999
01:00:36,676 --> 01:00:41,115
I knew it was dirty,
but I continued to
work extremely hard,
1000
01:00:42,856 --> 01:00:45,554
extremely cautious, because
I knew, being a woman,
1001
01:00:45,642 --> 01:00:46,338
I could not make a mistake.
1002
01:00:50,559 --> 01:00:51,952
traffic whooshing past
1003
01:00:52,039 --> 01:00:53,432
I'd gone in to do
my 12-hour shift,
1004
01:00:55,608 --> 01:00:58,176
pulled out all my paperwork,
and this whole piece
1005
01:00:58,306 --> 01:01:02,049
of paper had first
names, base pay.
1006
01:01:02,180 --> 01:01:03,355
I knew when I saw mine.
1007
01:01:03,485 --> 01:01:05,400
It was exactly to the dollar,
1008
01:01:05,531 --> 01:01:09,840
which was an odd amount, 3,727.
1009
01:01:09,970 --> 01:01:12,451
The other three on
that piece of paper
1010
01:01:12,538 --> 01:01:15,976
was almost $6,000
a month base pay.
1011
01:01:18,109 --> 01:01:20,459
- She was at rock bottom.
1012
01:01:20,589 --> 01:01:22,809
The young man that
she had trained
1013
01:01:22,940 --> 01:01:24,724
was getting more
money than she was.
1014
01:01:26,813 --> 01:01:28,815
- I was embarrassed.
I was humiliated.
1015
01:01:28,946 --> 01:01:31,557
I tried to figure out
where did this come from?
1016
01:01:31,688 --> 01:01:36,475
Who knew this? I've still
got two kids in college.
1017
01:01:36,605 --> 01:01:38,129
I've still got a house mortgage.
1018
01:01:38,259 --> 01:01:39,739
I've still got car payments.
1019
01:01:40,871 --> 01:01:42,786
I can't quit. I can't quit.
1020
01:01:42,916 --> 01:01:44,439
I can't go home. I've
got to do this shift.
1021
01:01:49,836 --> 01:01:52,970
I told my husband when
I got home that morning,
1022
01:01:53,057 --> 01:01:56,538
"This is not right what's been
done to me and my family."
1023
01:01:59,324 --> 01:02:01,761
So I started searching
for an attorney
1024
01:02:01,892 --> 01:02:05,112
that could take my case
on a contingence basis,
1025
01:02:06,244 --> 01:02:09,638
and we went all the way
to the Supreme Court.
1026
01:02:09,769 --> 01:02:11,466
dramatic music
1027
01:02:13,947 --> 01:02:15,470
- John We'll
hear argument next
1028
01:02:15,601 --> 01:02:17,516
in Ledbetter versus Goodyear
Tire and Rubber Company.
1029
01:02:19,866 --> 01:02:22,608
- Mr. Chief Justice, and
may it please the court.
1030
01:02:22,739 --> 01:02:24,828
A jury found that at the time
petitioner filed her charge
1031
01:02:24,958 --> 01:02:27,569
of discrimination with the EEOC,
1032
01:02:27,700 --> 01:02:30,703
respondent was paying her
less for each week's work
1033
01:02:30,790 --> 01:02:32,400
than it paid male employees and
1034
01:02:32,531 --> 01:02:34,011
that it did so
because of her sex.
1035
01:02:35,882 --> 01:02:37,318
The question for the court
is whether that treatment,
1036
01:02:37,449 --> 01:02:40,626
because of sex, constituted
a violation of Title VII.
1037
01:02:42,541 --> 01:02:44,673
- I went to the Supreme Court,
1038
01:02:44,761 --> 01:02:46,414
and I looked up on the beach,
1039
01:02:46,545 --> 01:02:49,113
and there's that Justice
Ruth Bader Ginsburg.
1040
01:02:50,941 --> 01:02:53,682
- Title VII of the
Civil Rights Act of 1964
1041
01:02:55,206 --> 01:02:58,035
outlawed discrimination
on the basis
1042
01:02:58,165 --> 01:03:01,473
of race, national origin,
religion, and sex.
1043
01:03:03,867 --> 01:03:07,740
The employer knew
that every woman
1044
01:03:07,871 --> 01:03:10,569
is being paid less
than every man.
1045
01:03:10,699 --> 01:03:14,007
Why isn't that sufficient
under Title VII?
1046
01:03:15,617 --> 01:03:19,099
- Man Justice Ginsburg,
Title VII allows proof
1047
01:03:19,230 --> 01:03:22,059
of dissimilar
treatment as evidence
1048
01:03:22,189 --> 01:03:24,322
of present intentional
discrimination,
1049
01:03:24,452 --> 01:03:26,454
but it's not the
elements of the client.
1050
01:03:28,108 --> 01:03:31,242
- I continued to believe
and I continued to hope
1051
01:03:31,372 --> 01:03:33,548
that when that verdict came out,
1052
01:03:33,679 --> 01:03:34,549
that it would be in my favor.
1053
01:03:37,204 --> 01:03:39,076
- John Justice Alito has
our opinion this morning
1054
01:03:39,206 --> 01:03:42,122
in case 05-1074.
1055
01:03:43,820 --> 01:03:45,647
- Samuel A jury returned
a verdict in her favor
1056
01:03:45,778 --> 01:03:48,607
on the Title VII claim,
but the 11th circuit,
1057
01:03:48,737 --> 01:03:50,827
applying our precedence,
held that Ledbetter
1058
01:03:50,957 --> 01:03:52,698
had filed her EEOC
charge too late.
1059
01:03:55,919 --> 01:03:58,704
We therefore affirm the
judgment of the 11th circuit.
1060
01:03:58,835 --> 01:04:01,228
somber music
1061
01:04:08,583 --> 01:04:13,240
- Because of a procedural
interpretation of
employment law,
1062
01:04:14,938 --> 01:04:18,071
a majority of the Supreme
Court said that Lilly Ledbetter
1063
01:04:18,202 --> 01:04:22,162
could not bring her case
because her time had expired.
1064
01:04:23,903 --> 01:04:25,818
Now, Justice Ginsburg had
had her own experiences
1065
01:04:25,949 --> 01:04:27,428
with pay discrimination.
1066
01:04:27,515 --> 01:04:28,995
When she was at
Rutgers, she was told,
1067
01:04:29,126 --> 01:04:32,694
"We couldn't possibly
pay you what we pay a man
1068
01:04:32,825 --> 01:04:35,828
because your husband
makes a good salary."
1069
01:04:35,959 --> 01:04:38,918
- When Justice Ginsburg
read that dissent,
1070
01:04:39,005 --> 01:04:40,615
that changed everything totally.
1071
01:04:43,009 --> 01:04:43,923
- Ruth Four members
of this court,
1072
01:04:44,054 --> 01:04:46,708
Justices Stevens,
Souter, Breyer,
1073
01:04:46,839 --> 01:04:50,016
and I dissent from
today's decision.
1074
01:04:50,147 --> 01:04:54,499
In our view, the court
does not comprehend
1075
01:04:54,629 --> 01:04:58,764
or is indifferent
to the insidious way
1076
01:04:58,895 --> 01:05:03,073
in which women can be victims
of pay discrimination.
1077
01:05:03,203 --> 01:05:05,727
This is not the
first time this court
1078
01:05:05,858 --> 01:05:07,904
has ordered a cramped
interpretation
1079
01:05:08,034 --> 01:05:11,168
of Title VII incompatible
1080
01:05:11,298 --> 01:05:13,822
with the statute's
broad remedial purpose.
1081
01:05:15,346 --> 01:05:18,392
Today, the ball again
lies in Congress's court
1082
01:05:18,479 --> 01:05:21,613
to correct this
court's parsimonious
reading of Title VII.
1083
01:05:25,922 --> 01:05:28,185
- Earlier this week,
Lilly Ledbetter wrote
1084
01:05:28,315 --> 01:05:30,883
to the entire
Congress, and I quote,
1085
01:05:31,014 --> 01:05:33,886
"I am still fighting
for all the other women
1086
01:05:34,017 --> 01:05:37,194
and girls out there
who deserve equal pay
1087
01:05:37,324 --> 01:05:40,501
and equal treatment
under the law."
1088
01:05:40,632 --> 01:05:41,807
audience applauds
1089
01:05:41,938 --> 01:05:43,504
- Man Ladies and gentlemen,
1090
01:05:43,635 --> 01:05:45,767
the president of
the United States,
1091
01:05:45,898 --> 01:05:48,857
accompanied by Mrs.
Lilly Ledbetter.
1092
01:05:48,988 --> 01:05:52,687
audience cheers and applauds
1093
01:05:56,865 --> 01:05:58,389
- I knew walking down that hall
1094
01:05:58,519 --> 01:06:01,174
that that was going
to change the country,
1095
01:06:01,305 --> 01:06:04,003
and it was going to change
the life of a lot of people.
1096
01:06:06,092 --> 01:06:08,834
- Making our economy work
means making sure it works
1097
01:06:08,921 --> 01:06:12,620
for everybody, that there
are no second class citizens
1098
01:06:12,751 --> 01:06:16,015
in our workplaces, and
that it's not just unfair
1099
01:06:16,146 --> 01:06:19,888
and illegal, it's bad for
business to pay somebody less
1100
01:06:19,976 --> 01:06:22,804
because of their gender
or their age or their race
1101
01:06:22,935 --> 01:06:25,590
or their ethnicity,
religion, or disability.
1102
01:06:25,677 --> 01:06:30,203
audience cheers and claps
moving instrumental music
1103
01:06:33,467 --> 01:06:35,339
- Justice Ginsburg
loves this example
1104
01:06:35,469 --> 01:06:37,776
because it's a dialogue between
the branches of government.
1105
01:06:39,865 --> 01:06:42,607
Her goal was to build consensus.
1106
01:06:42,694 --> 01:06:46,089
Her famous friendship
with Justice Scalia,
1107
01:06:46,219 --> 01:06:50,223
I believe, is also a measure
of her commitment to reaching
1108
01:06:50,354 --> 01:06:53,139
across the aisle and working
with people out of a belief
1109
01:06:53,270 --> 01:06:56,882
that the court is a
sacred institution
1110
01:06:57,013 --> 01:06:58,927
and it works better when
there's a sort of collegiality.
1111
01:07:01,626 --> 01:07:05,282
You can agree or disagree
without being disagreeable.
1112
01:07:10,809 --> 01:07:12,289
- If you've ever met
Justice Ginsburg,
1113
01:07:12,419 --> 01:07:16,902
you would know that she's an
incredibly soft-spoken person.
1114
01:07:17,033 --> 01:07:20,819
She's very savvy, but Marty
is the more ebullient half
1115
01:07:22,647 --> 01:07:24,649
of that pairing.
1116
01:07:24,779 --> 01:07:26,825
Whenever there was a
birthday in chambers,
1117
01:07:26,955 --> 01:07:30,307
Marty would make some
out of this world dessert
1118
01:07:30,394 --> 01:07:32,700
of some sort, and
we would have tea
1119
01:07:32,831 --> 01:07:34,180
and dessert in the
justices' chambers.
1120
01:07:34,311 --> 01:07:35,225
It was very nice.
1121
01:07:36,791 --> 01:07:38,097
And then we also had
dinner at her apartment,
1122
01:07:38,228 --> 01:07:41,579
and Marty cooked,
which was a real treat.
1123
01:07:41,709 --> 01:07:43,972
bright lilting
instrumental music
1124
01:07:44,103 --> 01:07:47,802
He was a wise cracker,
a chronic, incorrigible
wise cracker,
1125
01:07:50,544 --> 01:07:51,850
and that was their shtick
was he was the funny one,
1126
01:07:51,980 --> 01:07:54,548
she was the straight one,
and that's how they behaved.
1127
01:07:54,679 --> 01:07:55,897
somber piano music
1128
01:07:56,028 --> 01:07:58,944
- Marty was my
biggest supporter.
1129
01:07:59,075 --> 01:08:03,601
He gave me the courage to
believe I could do things
1130
01:08:05,037 --> 01:08:07,083
that I wasn't sure
I was able to do.
1131
01:08:09,563 --> 01:08:13,132
- Marty Ginsburg made sure
that the president knew
1132
01:08:13,219 --> 01:08:17,005
about just one judge on
the DC circuit at that time
1133
01:08:19,573 --> 01:08:21,445
who had made enormous
contributions to the law,
1134
01:08:21,575 --> 01:08:23,403
particularly for women.
1135
01:08:23,534 --> 01:08:24,970
- She wouldn't be
on the Supreme Court
1136
01:08:25,101 --> 01:08:26,363
if it weren't for Marty.
1137
01:08:26,493 --> 01:08:28,756
He was her campaign manager.
1138
01:08:28,887 --> 01:08:31,237
He really managed a war
room, and I was part
1139
01:08:31,368 --> 01:08:34,632
of the war team trying
to get people to weigh in
1140
01:08:34,762 --> 01:08:37,939
and write letters to make
sure that those people
1141
01:08:38,026 --> 01:08:41,726
were run down and gathered up.
1142
01:08:41,813 --> 01:08:44,598
- I think that having another
woman in the Supreme Court
1143
01:08:44,729 --> 01:08:48,254
is central to the importance
of what's going on today,
1144
01:08:48,385 --> 01:08:51,736
and I think that
Judge Ginsburg's sex
is not irrelevant.
1145
01:08:53,085 --> 01:08:55,609
- Weinberger versus Wiesenfeld
was a landmark decision
1146
01:08:55,696 --> 01:08:58,699
in the quest for equal
rights for men and women.
1147
01:08:58,830 --> 01:09:00,397
I wish to see this committee
1148
01:09:00,484 --> 01:09:01,441
confirm Judge Ruth
Bader Ginsburg
1149
01:09:01,572 --> 01:09:02,877
to the United States
Supreme Court.
1150
01:09:12,235 --> 01:09:16,021
slow poignant music
1151
01:09:16,152 --> 01:09:19,372
- I have a feeling probably
the last thing Marty said
1152
01:09:19,503 --> 01:09:20,852
to Ruth was, "Hang in there.
1153
01:09:20,982 --> 01:09:22,854
Keep going. Just keep going.
1154
01:09:22,984 --> 01:09:23,681
I'll be watching."
1155
01:09:29,774 --> 01:09:31,689
- Kathleen They were
devoted to each other.
1156
01:09:34,474 --> 01:09:37,477
She had what people have
when their partner's gone,
1157
01:09:38,609 --> 01:09:39,958
figuring out who I am.
1158
01:09:44,832 --> 01:09:48,271
- He will be present in
my life as long as I live.
1159
01:09:50,925 --> 01:09:53,667
I have his portrait
in my bedroom,
1160
01:09:57,018 --> 01:09:58,455
and I look at it and say,
1161
01:09:58,585 --> 01:10:00,935
"You would probably like
what I'm doing now."
1162
01:10:21,173 --> 01:10:23,784
Look at the preamble
to our Constitution.
1163
01:10:25,786 --> 01:10:27,353
It says, "We, the people
of the United States,
1164
01:10:27,484 --> 01:10:29,964
in order to form a
more perfect union."
1165
01:10:32,663 --> 01:10:35,318
Who are we, the people,
in the beginning?
1166
01:10:35,448 --> 01:10:38,799
White property-owning men.
Who are we, the people, today?
1167
01:10:41,193 --> 01:10:43,935
The United States in
all of its diversity,
1168
01:10:44,065 --> 01:10:46,154
and I think the genius
of this document
1169
01:10:48,069 --> 01:10:50,550
that was written toward
the end of the 18th century
1170
01:10:52,117 --> 01:10:53,988
and has governed us
for well over 200 years
1171
01:10:57,165 --> 01:10:59,646
is that it is ever
becoming more perfect,
1172
01:10:59,777 --> 01:11:03,520
and we, the people is ever
becoming more inclusive.
1173
01:11:12,224 --> 01:11:15,706
- The irony of Justice
Ginsburg's time on Supreme Court
1174
01:11:15,836 --> 01:11:19,840
is that she has spent most
of it be a great dissenter.
1175
01:11:19,971 --> 01:11:23,496
slow melancholy music
1176
01:11:23,627 --> 01:11:27,283
- She dissents with an
eye towards making change,
1177
01:11:27,370 --> 01:11:30,329
with an eye towards
either Congress
1178
01:11:30,460 --> 01:11:33,767
or a future court
vindicating her position.
1179
01:11:35,160 --> 01:11:36,422
She dissents with a purpose.
1180
01:11:39,512 --> 01:11:42,820
- Ruth Justices
Steven, Souter, Breyer,
1181
01:11:42,950 --> 01:11:47,607
and I strongly descent
from today's opinion.
1182
01:11:52,046 --> 01:11:54,048
echoing boom
1183
01:11:54,179 --> 01:11:57,138
- Woman Five to four was
the Supreme Court vote.
1184
01:11:57,269 --> 01:11:59,793
- Barbara This begins to
chip away at Roe V Wade.
1185
01:12:02,492 --> 01:12:04,494
- John I have filed
a separate opinion
1186
01:12:04,624 --> 01:12:08,149
that Justice Ginsburg,
Justice Breyer,
1187
01:12:08,280 --> 01:12:10,935
and Justice Sotomayor
have joined.
1188
01:12:11,065 --> 01:12:13,111
We dissent from the
court's decision
1189
01:12:13,241 --> 01:12:15,983
to strike down a key
part of that statute.
1190
01:12:16,114 --> 01:12:19,030
contemplative music
1191
01:12:20,597 --> 01:12:23,382
echoing boom
1192
01:12:23,513 --> 01:12:24,775
- Woman It has been called one
1193
01:12:24,905 --> 01:12:26,820
of the biggest threats
to our democracy.
1194
01:12:26,951 --> 01:12:28,909
That ruling allowed
big companies,
1195
01:12:29,040 --> 01:12:31,129
including foreign corporations,
1196
01:12:31,259 --> 01:12:34,654
to spend unlimited amounts of
money to influence elections.
1197
01:12:38,354 --> 01:12:40,704
- Ruth I dissent
from today's decision.
1198
01:12:42,401 --> 01:12:46,144
John Thompson spent 14
years isolated on death row
1199
01:12:48,189 --> 01:12:49,800
before the truth came to light.
1200
01:12:49,930 --> 01:12:51,715
The lab reported
to the prosecutors
1201
01:12:51,802 --> 01:12:55,153
that the perpetrator's
blood type was B.
1202
01:12:56,676 --> 01:12:58,722
Thompson's blood type is O.
1203
01:12:58,852 --> 01:13:02,029
discordant tense music
1204
01:13:03,117 --> 01:13:04,728
echoing boom
1205
01:13:04,858 --> 01:13:07,818
- Man They cannot pay him
all of the years that he lost?
1206
01:13:09,297 --> 01:13:10,473
- Woman Reporters
say he should never
1207
01:13:10,560 --> 01:13:12,213
have been convicted
in the first place.
1208
01:13:16,043 --> 01:13:19,090
- Justices Breyer, Sotomayor,
Kagan, and I dissent.
1209
01:13:21,919 --> 01:13:25,444
melancholy music
1210
01:13:25,531 --> 01:13:27,533
- Shana I was following
the Supreme Court
1211
01:13:29,361 --> 01:13:32,059
and had been looking
towards the decision
1212
01:13:32,190 --> 01:13:33,365
that was gonna come out,
1213
01:13:33,496 --> 01:13:34,801
particularly in the
voting rights case,
1214
01:13:34,932 --> 01:13:35,149
Shelby County V Holder.
1215
01:13:38,414 --> 01:13:39,371
- Ruth The Voting Rights Act
1216
01:13:39,502 --> 01:13:42,722
addresses an
extraordinary problem,
1217
01:13:44,332 --> 01:13:46,639
a near century of
disregard for the dictates
1218
01:13:46,770 --> 01:13:48,554
of the 15th Amendment,
1219
01:13:48,685 --> 01:13:51,775
and Congress has taken
extraordinary measures
1220
01:13:51,862 --> 01:13:52,863
to meet the problem.
1221
01:13:55,518 --> 01:13:59,043
- She dissented from the
majority's basically striking
1222
01:13:59,173 --> 01:14:00,479
down one of the most
important pieces
1223
01:14:00,610 --> 01:14:03,264
of civil rights
legislation in our history.
1224
01:14:03,395 --> 01:14:07,355
crowd singing and
chanting indistinctly
1225
01:14:07,486 --> 01:14:09,314
- The great man who led the
March from Selma to Montgomery
1226
01:14:11,838 --> 01:14:14,711
and there called for the
passage of the Voting Rights Act
1227
01:14:14,841 --> 01:14:17,235
foresaw progress,
even in Alabama.
1228
01:14:19,803 --> 01:14:23,197
"The arc of the moral
universe is long," he said,
1229
01:14:23,328 --> 01:14:25,591
"but it bends toward justice,"
1230
01:14:25,722 --> 01:14:28,202
if there is a
steadfast commitment
1231
01:14:29,639 --> 01:14:33,077
to see the task
through to completion.
1232
01:14:34,861 --> 01:14:38,778
That commitment has been
disserved by today's decision.
1233
01:14:42,129 --> 01:14:43,957
- She actually had an edit,
1234
01:14:44,088 --> 01:14:47,134
which I find hilarious
because most people think,
1235
01:14:47,265 --> 01:14:48,309
"MLK, he's got this.
1236
01:14:48,396 --> 01:14:51,182
I'm not going to add or amend."
1237
01:14:51,269 --> 01:14:54,751
But she said, "If there
is a steadfast commitment
1238
01:14:54,838 --> 01:14:56,274
to see the task to completion."
1239
01:14:58,885 --> 01:15:01,409
It is vintage Ginsburg.
1240
01:15:01,497 --> 01:15:04,978
She's experienced enormous
sadness in her life.
1241
01:15:05,065 --> 01:15:07,546
She's lived through
backlashes to her life's work.
1242
01:15:07,677 --> 01:15:10,331
We're in the middle of
a backlash right now,
1243
01:15:10,462 --> 01:15:12,943
and yet she has
kept on fighting.
1244
01:15:16,860 --> 01:15:20,733
- I couldn't believe that
five justices had just decided
1245
01:15:20,864 --> 01:15:23,431
that the Voting Rights Act
was no longer necessary,
1246
01:15:23,562 --> 01:15:25,390
that racism had been eradicated,
1247
01:15:25,521 --> 01:15:29,176
and that all of these
problems of the 1960s just
1248
01:15:29,263 --> 01:15:32,397
didn't matter anymore in
terms of voting rights.
1249
01:15:32,528 --> 01:15:37,141
And her words in that
moment really spoke to me.
1250
01:15:38,577 --> 01:15:40,405
Basically, throwing away
the Voting Rights Act
1251
01:15:40,536 --> 01:15:42,842
was "like throwing
away an umbrella
1252
01:15:42,973 --> 01:15:45,410
in a rainstorm because
you're not getting wet."
1253
01:15:45,541 --> 01:15:47,499
And I just thought that
was just so perfect
1254
01:15:47,630 --> 01:15:51,416
in encapsulating how absurd
what the court was doing,
1255
01:15:52,939 --> 01:15:54,201
and that was the first
quote that I posted
1256
01:15:54,332 --> 01:15:55,768
on "Notorious RBG."
1257
01:15:55,899 --> 01:15:58,249
"William Tell Overture"
1258
01:16:03,950 --> 01:16:06,431
That was the period of time
where Tumblr was most popular.
1259
01:16:12,524 --> 01:16:14,439
But I just didn't
have any expectation
1260
01:16:14,570 --> 01:16:17,398
that it was going to
explode the way that it did.
1261
01:16:21,838 --> 01:16:24,884
- I was just looking
at Tumblr today.
1262
01:16:25,015 --> 01:16:26,843
audience laughs
1263
01:16:26,973 --> 01:16:28,975
Bobblehead because
the head bobbles.
1264
01:16:29,062 --> 01:16:30,368
audience laughs
1265
01:16:30,498 --> 01:16:31,587
- Unison Ruth
Bader Ginsburg. Ooh.
1266
01:16:33,066 --> 01:16:36,635
audience laughs and applauds
1267
01:16:38,115 --> 01:16:38,985
audience laughs
1268
01:16:39,072 --> 01:16:40,204
- How did this happen?
1269
01:16:40,334 --> 01:16:42,510
audience laughs
1270
01:16:42,641 --> 01:16:46,602
- It's amazing, and to
think of me an icon at 82.
1271
01:16:47,733 --> 01:16:49,474
audience laughs and applauds
1272
01:16:49,605 --> 01:16:52,433
And at first, I didn't know
quite what to make of this
1273
01:16:52,564 --> 01:16:55,698
because I didn't even know
who Notorious BIG was.
1274
01:16:55,828 --> 01:16:57,569
audience laughs and applauds
1275
01:16:57,700 --> 01:17:01,442
- And that's what I think
made it so popular is that it
1276
01:17:01,573 --> 01:17:05,142
was this juxtaposition of these
completely different people
1277
01:17:05,272 --> 01:17:09,494
but also experienced hardships
in their lives and dealt
1278
01:17:09,581 --> 01:17:13,019
with it by pushing back and
speaking truth to power.
1279
01:17:13,106 --> 01:17:14,107
soft lilting
instrumental music
1280
01:17:14,194 --> 01:17:17,415
- My editor connected
me with Irin.
1281
01:17:17,502 --> 01:17:19,547
We agreed to work together.
1282
01:17:19,635 --> 01:17:22,289
- Irin We wanted to capture
that kind of spontaneity,
1283
01:17:22,420 --> 01:17:24,683
the visual lushness, and
also turn it into a story.
1284
01:17:26,554 --> 01:17:30,776
- What is going on that she has
become this cult figure now?
1285
01:17:32,648 --> 01:17:34,345
- Women are drawn to
her, and young people
1286
01:17:34,475 --> 01:17:36,173
in particular are drawn to her.
1287
01:17:36,303 --> 01:17:37,174
muffled chatter
1288
01:17:37,261 --> 01:17:39,655
- She just is who she is.
1289
01:17:39,785 --> 01:17:42,179
She's very confident,
very aware of herself.
1290
01:17:42,309 --> 01:17:43,484
- She believes in
what she believes in,
1291
01:17:43,615 --> 01:17:45,225
and she's gonna say it.
1292
01:17:45,356 --> 01:17:46,792
She's not worried about
what people think about her.
1293
01:17:49,839 --> 01:17:50,753
- When I became a
Supreme Court justice,
1294
01:17:50,883 --> 01:17:53,277
there were six
women in the Senate.
1295
01:17:53,407 --> 01:17:54,582
Now there are 20.
1296
01:17:55,758 --> 01:17:57,455
I was the second woman
on the Supreme Court,
1297
01:17:57,585 --> 01:18:02,155
and when Justice O'Connor
met, I was all alone.
1298
01:18:03,896 --> 01:18:07,508
Now I have two colleagues,
Justice Sonia Sotomayor
1299
01:18:07,639 --> 01:18:09,032
and Justice Elena Kagan.
1300
01:18:10,120 --> 01:18:11,512
People ask me,
1301
01:18:11,643 --> 01:18:14,167
"Well, when do you think
there will be enough?"
1302
01:18:14,298 --> 01:18:15,995
I'd say, "Well, when
there are nine,"
1303
01:18:16,996 --> 01:18:19,695
and people are aghast.
1304
01:18:19,825 --> 01:18:23,307
We've had nine men for most
of the country's history,
1305
01:18:23,437 --> 01:18:25,613
and no one thought there was
anything wrong with that.
1306
01:18:28,399 --> 01:18:32,969
- And I looked up at the bench
on which I sat for 25 years,
1307
01:18:33,883 --> 01:18:35,580
and what could I see?
1308
01:18:35,711 --> 01:18:39,453
I saw on the far right a woman,
on the far left side a woman
1309
01:18:41,281 --> 01:18:43,806
and near the middle a
woman, and it was dazzling.
1310
01:18:43,936 --> 01:18:45,242
audience cheers and applauds
1311
01:18:45,372 --> 01:18:47,940
- It's the first time
the public can see we
1312
01:18:48,027 --> 01:18:52,336
are really there,
really there to stay,
1313
01:18:52,466 --> 01:18:55,687
not one at a time curiosities.
1314
01:18:55,818 --> 01:18:58,690
audience applauds
1315
01:19:00,300 --> 01:19:02,563
At my age, you have to
take it year by year.
1316
01:19:02,694 --> 01:19:06,480
I know I'm okay this year,
but what will be next year?
1317
01:19:08,352 --> 01:19:11,485
I'm hopeful, however, because
my most senior colleague,
1318
01:19:11,572 --> 01:19:14,140
Justice John Paul Stevens,
stepped down at age 90.
1319
01:19:15,489 --> 01:19:16,752
So I have a way to go.
1320
01:19:19,189 --> 01:19:22,366
- Man A lot of people have
been expressing encouragement
1321
01:19:22,496 --> 01:19:24,760
that you eat more
kale, so to speak.
1322
01:19:24,847 --> 01:19:27,371
audience laughs
1323
01:19:27,501 --> 01:19:30,026
- The number one
thing people ask me
1324
01:19:30,156 --> 01:19:33,377
when I talk about Justice
Ginsburg is, "How is her health?
1325
01:19:33,507 --> 01:19:34,465
How's she doing?"
1326
01:19:36,423 --> 01:19:38,077
Then they ask, "How can
we keep her alive forever?
1327
01:19:40,514 --> 01:19:41,951
Can I give her a kidney?"
I hear that a lot.
1328
01:19:42,081 --> 01:19:45,345
chuckles She doesn't
need one. She's great.
1329
01:19:45,476 --> 01:19:46,346
She's in great shape.
1330
01:19:48,044 --> 01:19:50,481
- I have a personal trainer
who keeps me in shape.
1331
01:19:50,568 --> 01:19:55,268
We meet twice a week,
and we do 20 pushups
1332
01:19:55,399 --> 01:19:58,358
and then the plank,
which I think is harder,
1333
01:19:58,489 --> 01:20:02,972
with Bryant Johnson, my
trainer, my trainer since 1999.
1334
01:20:03,102 --> 01:20:04,190
upbeat lively music
1335
01:20:04,277 --> 01:20:07,672
I attribute my wellbeing
the two hours a week
1336
01:20:07,803 --> 01:20:09,195
when I devote to that.
1337
01:20:11,067 --> 01:20:13,243
- Let's get fully
ripped and exploded.
1338
01:20:13,373 --> 01:20:15,288
Let's get shredded.
Let's get stupid strong.
1339
01:20:16,463 --> 01:20:17,334
- Let's go.
1340
01:20:26,778 --> 01:20:29,607
- Neil Judging from
her push-up regimen,
she is not done.
1341
01:20:29,737 --> 01:20:30,956
Justice, welcome.
1342
01:20:31,087 --> 01:20:33,872
audience applauds
1343
01:20:36,135 --> 01:20:40,748
- The term just
ending was momentous.
1344
01:20:42,707 --> 01:20:45,057
Our docket included far
more than the usual number
1345
01:20:45,144 --> 01:20:48,539
of high-profile disputes.
1346
01:20:51,716 --> 01:20:56,112
But topping the headline news
at our closing conference,
1347
01:20:56,242 --> 01:21:00,638
Justice Kennedy announced his
retirement effective today.
1348
01:21:04,250 --> 01:21:07,514
Counting his years as a judge
of the US Court of Appeals
1349
01:21:07,645 --> 01:21:09,342
for the 9th Circuit,
1350
01:21:09,429 --> 01:21:13,869
he has served on the federal
judiciary for 43 years.
1351
01:21:14,695 --> 01:21:17,611
audience applauds
1352
01:21:19,526 --> 01:21:22,616
- How has the court changed
over the quarter century
1353
01:21:22,703 --> 01:21:23,574
that you've served on it?
1354
01:21:25,881 --> 01:21:27,012
How is it different
than when you started?
1355
01:21:27,143 --> 01:21:29,362
- Well, one thing
that isn't different
1356
01:21:29,493 --> 01:21:32,670
is the collegiality of the
court, and that remains.
1357
01:21:35,368 --> 01:21:38,545
Of course, I miss my
favorite sparring partner,
1358
01:21:38,676 --> 01:21:40,243
Justice Scalia,
1359
01:21:40,373 --> 01:21:43,507
soft poignant music
1360
01:21:43,637 --> 01:21:45,335
but you don't see that kind
1361
01:21:45,465 --> 01:21:49,121
of friendship existing
in our Congress anymore.
1362
01:21:49,208 --> 01:21:49,905
It once did.
1363
01:21:53,038 --> 01:21:54,257
I hope it will again.
1364
01:22:00,437 --> 01:22:03,614
There was a great man once
said "that the true symbol
1365
01:22:07,226 --> 01:22:10,621
of the United States
is not the bald eagle.
1366
01:22:10,708 --> 01:22:11,752
It is the pendulum.
1367
01:22:13,667 --> 01:22:17,454
And when the pendulum swings
too far in one direction,
1368
01:22:17,541 --> 01:22:17,845
it will go back."
1369
01:22:21,240 --> 01:22:22,720
I grew up at the
time of World War II.
1370
01:22:25,331 --> 01:22:28,856
The irony was we were
fighting a war against racism,
1371
01:22:30,206 --> 01:22:33,513
and yet by an executive
order of President Roosevelt,
1372
01:22:37,213 --> 01:22:38,866
people who had
done nothing wrong
1373
01:22:40,390 --> 01:22:42,348
except they were of
Japanese ancestry,
1374
01:22:43,959 --> 01:22:48,267
were interned in camps
far from their homes.
1375
01:22:50,878 --> 01:22:52,619
That was a dreadful mistake.
1376
01:22:58,147 --> 01:23:01,977
Well, I would say that we
are not experiencing the best
1377
01:23:02,107 --> 01:23:05,806
of times, but my
dream is that we
1378
01:23:05,937 --> 01:23:07,983
will get back to it one day.
1379
01:23:08,113 --> 01:23:10,246
I think it will
take a strong people
1380
01:23:11,595 --> 01:23:14,076
from both parties to say,
1381
01:23:14,206 --> 01:23:17,035
"Let's get together and work
for the good of the country."
1382
01:23:24,390 --> 01:23:26,610
Let's try in the
aisle. Yes, yes.
1383
01:23:28,438 --> 01:23:29,874
- If you could predict,
how many more years
1384
01:23:30,005 --> 01:23:32,659
do you think it'll be until
a woman becomes president?
1385
01:23:34,009 --> 01:23:35,401
- Ruth How many do you think?
1386
01:23:39,753 --> 01:23:41,929
- The year?
- Year? laughs
1387
01:23:42,060 --> 01:23:45,716
- Well, I will predict that it
will happen in your lifetime.
1388
01:23:45,803 --> 01:23:47,544
I'm not certain it
will happen in mine,
1389
01:23:47,674 --> 01:23:52,244
but I will make a prediction
that it will happen,
1390
01:23:56,118 --> 01:23:59,469
that you will see a woman as
president of the United States.
1391
01:24:00,470 --> 01:24:03,429
soft poignant music
1392
01:24:05,388 --> 01:24:08,043
- Recognizing that this
is probably the last time
1393
01:24:08,130 --> 01:24:10,915
that the American people
will ever have a chance
1394
01:24:11,046 --> 01:24:13,874
to glimpse you as a
person and what you
1395
01:24:13,961 --> 01:24:17,400
would like them to think most
of all when they think of you?
1396
01:24:22,187 --> 01:24:25,582
- As someone who
cares about people
1397
01:24:25,712 --> 01:24:29,194
and does the best she can
with the talent she has
1398
01:24:29,325 --> 01:24:31,849
to make a contribution
1399
01:24:36,201 --> 01:24:41,032
for a better world.
1400
01:24:42,773 --> 01:24:44,862
soaring moving music
1401
01:25:06,101 --> 01:25:10,583
- How long was you working
at the Supreme Court?
1402
01:25:10,714 --> 01:25:12,890
- How long have you been
working at the Supreme Court?
1403
01:25:14,457 --> 01:25:16,372
- Almost 24 years.
1404
01:25:16,459 --> 01:25:21,159
kid gasps loudly
audience laughs
1405
01:25:24,989 --> 01:25:28,340
- I found it the most popular
question on a college campus,
1406
01:25:28,471 --> 01:25:30,908
young women want to know
what kind of tires do I buy?
1407
01:25:32,953 --> 01:25:33,693
Don't buy Goodyear.
1408
01:25:41,658 --> 01:25:44,922
- He never paid me. I never
received my dollar to this day.
1409
01:25:45,052 --> 01:25:46,967
We still talk, but I
never received my dollar.
1410
01:25:53,583 --> 01:25:56,238
- I've argued five times
in the Supreme Court.
1411
01:25:56,368 --> 01:26:00,633
Justice Ginsburg asks
terrific questions.
1412
01:26:00,764 --> 01:26:03,070
They always go to the
very heart of the case.
1413
01:26:03,201 --> 01:26:06,030
I just wish sometimes she
would speak a little bit louder
1414
01:26:06,161 --> 01:26:07,466
when she was asking
her questions.
1415
01:26:15,213 --> 01:26:17,955
- Professor Nabokov of
changed the way I read,
1416
01:26:18,042 --> 01:26:19,739
and he changed the way I write.
1417
01:26:20,871 --> 01:26:23,003
Even when I'm drafting opinion,
1418
01:26:23,134 --> 01:26:26,006
thinking how the word order
should go I remember him.
1419
01:26:31,273 --> 01:26:32,448
- Man Is there a reason
1420
01:26:32,578 --> 01:26:34,754
why you prefer
gender discrimination
1421
01:26:34,885 --> 01:26:37,583
instead of sex discrimination?
1422
01:26:37,670 --> 01:26:42,240
- In the 70s when I was writing
briefs, I had a secretary,
1423
01:26:44,068 --> 01:26:48,028
and she said, "I've been typing
this word, sex, sex, sex,
1424
01:26:48,159 --> 01:26:49,508
and let me tell you.
1425
01:26:49,639 --> 01:26:51,510
Use the word gender.
1426
01:26:51,641 --> 01:26:55,514
It will ward off
distracting associations."
1427
01:26:55,645 --> 01:26:58,256
audience laughs
1428
01:27:02,304 --> 01:27:04,306
- The analogy is apt in
that both Thurgood Marshall
1429
01:27:04,436 --> 01:27:07,613
with Ruth Bader Ginsburg
were using the law
1430
01:27:07,744 --> 01:27:08,962
in a creative way to
advance civil rights.
1431
01:27:15,186 --> 01:27:17,406
- My dear mother-in-law
gave me some counsel.
1432
01:27:17,493 --> 01:27:22,149
She said, "Remember that
in every good marriage,
1433
01:27:24,848 --> 01:27:28,852
it helps sometimes to be
a little hard of hearing."
1434
01:27:30,201 --> 01:27:32,986
audience laughs and applauds
pleasant lilting music
1435
01:27:37,600 --> 01:27:40,603
- Your marriage is one reason
we decided to give it a shot.
1436
01:27:56,967 --> 01:28:00,362
- Equal Rights Amendment was
intended to prevent government
1437
01:28:00,449 --> 01:28:05,149
from slotting a person
solely on the basis of sex.
1438
01:28:05,280 --> 01:28:08,761
The amendment arms the judiciary
with a bedrock principle.
1439
01:28:11,068 --> 01:28:15,768
all men and all
women are entitled
1440
01:28:16,856 --> 01:28:18,162
to equal justice under law.
1441
01:28:20,512 --> 01:28:21,600
Thank you.
1442
01:28:21,731 --> 01:28:24,560
audience applauds
108932
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