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These are the user uploaded subtitles that are being translated: 1 00:00:15,015 --> 00:00:17,428 (ORCHESTRAL MUSIC PLAYING) 2 00:00:43,001 --> 00:00:44,412 (MUSIC CONTINUES PLAYING) 3 00:00:50,425 --> 00:00:52,542 (MUSIC PLAYING IN OTHER LANGUAGE) 4 00:01:51,236 --> 00:01:52,818 (MUSIC PLAYING IN ENGLISH) 5 00:02:33,904 --> 00:02:35,315 (MUSIC CONTINUES) 6 00:03:01,890 --> 00:03:03,882 (INDISTINCT CHATTER) 7 00:03:06,978 --> 00:03:08,094 Anyone here? 8 00:03:16,279 --> 00:03:17,986 ERWIN: My name is Erwin Griswold. 9 00:03:18,532 --> 00:03:20,364 I am the dean of this place. 10 00:03:21,284 --> 00:03:23,571 Welcome to Harvard Law School. 11 00:03:24,121 --> 00:03:25,157 (MAN COUGHS) 12 00:03:25,247 --> 00:03:27,239 Take a moment to look around you. 13 00:03:27,791 --> 00:03:32,001 In this room, there are Rhodes and Fulbright scholars, 14 00:03:32,087 --> 00:03:33,703 Phi Beta Kappa members, 15 00:03:33,797 --> 00:03:35,754 student body presidents, 16 00:03:35,841 --> 00:03:38,083 and a Harvard football team captain. 17 00:03:38,176 --> 00:03:39,758 (INDISTINCT CHATTER) 18 00:03:39,845 --> 00:03:40,845 Together, 19 00:03:41,847 --> 00:03:44,009 you will become lawyers. 20 00:03:44,850 --> 00:03:47,217 This is a privilege you share. 21 00:03:48,186 --> 00:03:52,351 It is also a responsibility you accept. 22 00:03:54,776 --> 00:03:55,776 Consider. 23 00:03:56,987 --> 00:04:00,480 What does it mean to be a Harvard man? 24 00:04:01,992 --> 00:04:05,076 A Harvard man is intelligent, of course, 25 00:04:05,162 --> 00:04:07,905 but he is also tenacious. 26 00:04:07,998 --> 00:04:11,833 He is a leader devoted to the rule of law. 27 00:04:12,753 --> 00:04:14,665 He is mindful of his country 28 00:04:14,755 --> 00:04:16,747 loyal to tradition, 29 00:04:16,840 --> 00:04:22,052 and he is respectful and protective of our institutions. 30 00:04:23,430 --> 00:04:25,797 - (BABY WAILING) - (MARTIN SPEAKING INDISTINCTLY) 31 00:04:26,850 --> 00:04:30,434 ...shall be computed as of subsection A of this section applied... 32 00:04:30,520 --> 00:04:32,978 RUTH: Which one makes me look more like a Harvard man? 33 00:04:33,607 --> 00:04:35,018 (BABY CONTINUES CRYING) 34 00:04:36,902 --> 00:04:40,066 I'm thrilled to report that you look nothing like a Harvard man. 35 00:04:40,155 --> 00:04:41,755 Seriously? It's the dean's dinner, Marty. 36 00:04:41,782 --> 00:04:44,343 You know how I am at these things. I need to make a good impression. 37 00:04:44,367 --> 00:04:47,781 And you will, Kiki. But you've got it wrong. It's not the dress, it's you. 38 00:04:49,206 --> 00:04:51,368 You haven't touched your tuna casserole. 39 00:04:52,417 --> 00:04:53,828 Come here, sweetie. 40 00:04:53,919 --> 00:04:55,785 Come on. Here we go. (GRUNTS) 41 00:04:57,172 --> 00:04:58,879 I've put onions in. They help, right? 42 00:04:59,382 --> 00:05:00,382 Definitely. 43 00:05:02,636 --> 00:05:04,298 I don't like either of these. 44 00:05:05,514 --> 00:05:07,176 (BABY CONTINUES CRYING) 45 00:05:10,310 --> 00:05:11,642 Okay. Where were we? 46 00:05:11,728 --> 00:05:13,720 (INDISTINCT CHATTER) 47 00:05:19,528 --> 00:05:20,528 Thank you. 48 00:05:33,291 --> 00:05:34,702 (INAUDIBLE CONVERSATION) 49 00:05:37,879 --> 00:05:41,714 HARRIET: Ladies and gentlemen, please join us in the dining room as dinner is served. 50 00:05:41,800 --> 00:05:44,588 And professors, please escort the ladies in. 51 00:05:44,678 --> 00:05:46,544 (INDISTINCT CHATTER) 52 00:05:46,638 --> 00:05:47,638 May I? 53 00:05:50,976 --> 00:05:52,717 (LIVELY CHATTER) 54 00:06:04,030 --> 00:06:06,613 He said, "Professor, have you corrected our papers?" 55 00:06:06,700 --> 00:06:08,942 And I said, "Correcting them will take a lifetime. 56 00:06:09,035 --> 00:06:10,151 "I'm merely grading them." 57 00:06:10,245 --> 00:06:11,611 (WOMAN LAUGHS) 58 00:06:11,705 --> 00:06:12,705 (CLINKING) 59 00:06:12,789 --> 00:06:14,371 (CHATTER DIES DOWN) 60 00:06:14,457 --> 00:06:16,494 Esteemed colleagues, ladies, 61 00:06:17,377 --> 00:06:20,211 this is only the sixth year women have had 62 00:06:20,297 --> 00:06:22,789 the privilege to earn a Harvard law degree. 63 00:06:22,883 --> 00:06:26,376 This little soiree is our way of saying welcome. 64 00:06:26,469 --> 00:06:28,677 My wife Harriet and I 65 00:06:28,763 --> 00:06:32,302 are very glad all nine of you have joined us. 66 00:06:36,062 --> 00:06:38,179 Let us go around the table, 67 00:06:38,273 --> 00:06:42,483 and each of you ladies report who you are, where you're from 68 00:06:42,569 --> 00:06:47,610 and why you're occupying a place at Harvard that could have gone to a man. 69 00:06:48,074 --> 00:06:49,235 (MAN CLEARS THROAT) 70 00:06:53,038 --> 00:06:54,119 Yeah. 71 00:06:54,205 --> 00:06:55,205 HARRIET: Well... 72 00:06:55,957 --> 00:06:57,573 Why don't you get us started, dear? 73 00:07:01,546 --> 00:07:04,914 I'm Hennie Callaghan. Father's a lawyer back in Minneapolis. 74 00:07:05,008 --> 00:07:07,796 He used to give me drafts of contracts to use for drawing paper, 75 00:07:07,886 --> 00:07:10,173 but at some point, I got more interested 76 00:07:10,263 --> 00:07:11,925 in reading them than drawing on them. 77 00:07:12,015 --> 00:07:13,096 (SCATTERED LAUGHTER) 78 00:07:13,183 --> 00:07:17,177 In a few years, it's gonna be Callaghan and Callaghan. 79 00:07:17,270 --> 00:07:18,852 That was fine. 80 00:07:20,065 --> 00:07:21,065 Next. 81 00:07:21,524 --> 00:07:22,640 (EMILY CLEARS THROAT) 82 00:07:24,486 --> 00:07:26,523 Emily Hicks. Hello. 83 00:07:26,613 --> 00:07:27,613 Connecticut. 84 00:07:27,697 --> 00:07:30,986 When I finished Mount Holyoke, my mother wanted me to get married. 85 00:07:31,618 --> 00:07:32,734 But I didn't wanna do that. 86 00:07:32,827 --> 00:07:35,365 And I didn't wanna be a teacher or a nurse. 87 00:07:35,455 --> 00:07:36,571 So... ERWIN: Ah! 88 00:07:37,332 --> 00:07:39,289 That's not a very good reason. 89 00:07:40,502 --> 00:07:41,502 Next. 90 00:07:46,299 --> 00:07:47,415 (CLATTERS) RUTH: Oh. 91 00:07:47,509 --> 00:07:49,171 - Watch it. - Sorry. 92 00:07:49,469 --> 00:07:50,880 (CLATTERING) 93 00:07:52,138 --> 00:07:53,299 (CLEARS THROAT SOFTLY) 94 00:07:54,766 --> 00:07:56,302 (CHUCKLES) 95 00:07:56,393 --> 00:07:57,393 Uh... 96 00:07:57,894 --> 00:08:01,979 I'm Ruth Ginsburg from Brooklyn. 97 00:08:04,067 --> 00:08:05,979 And why are you here, Miss Ginsburg? 98 00:08:06,569 --> 00:08:09,562 Uh, Mrs. Ginsburg, actually. 99 00:08:10,407 --> 00:08:12,615 My husband Marty is in the second-year class. 100 00:08:14,244 --> 00:08:17,032 I'm at Harvard to learn more about his work, 101 00:08:17,122 --> 00:08:20,160 so I can be a more patient and understanding wife. 102 00:08:20,250 --> 00:08:22,162 - (SNORTS) - (WOMEN GIGGLE) 103 00:08:25,005 --> 00:08:29,124 Come to dinner. The beans will be boiled, the chicken will be stewed 104 00:08:29,217 --> 00:08:30,549 and you will be grilled. 105 00:08:30,635 --> 00:08:33,343 We came to Harvard to be lawyers. Why else? 106 00:08:33,430 --> 00:08:34,671 It's truly an asinine question. 107 00:08:34,764 --> 00:08:36,255 He's never gonna take me seriously. 108 00:08:36,349 --> 00:08:38,841 No, that's not true. You're the smartest person here. 109 00:08:38,935 --> 00:08:40,597 And you're gonna be the most prepared. 110 00:08:40,687 --> 00:08:42,303 So just stand up and say what you know. 111 00:08:42,397 --> 00:08:44,041 At a place like this, that's all that matters. 112 00:08:44,065 --> 00:08:48,105 In my experience, even small mistakes are glaring when you stick out. 113 00:08:49,487 --> 00:08:51,604 Well, then you're very lucky. 114 00:08:53,450 --> 00:08:54,450 Because you 115 00:08:56,828 --> 00:08:59,195 are very short. 116 00:08:59,289 --> 00:09:00,496 (CHUCKLES SOFTLY) 117 00:09:11,134 --> 00:09:12,134 Oh, yeah? 118 00:09:18,349 --> 00:09:19,385 Yeah. 119 00:09:21,478 --> 00:09:27,725 Well, why don't you come down here and say that to my face? 120 00:09:53,051 --> 00:09:54,758 Mrs. Ginsburg. 121 00:09:54,844 --> 00:09:55,844 Hmm. 122 00:10:05,271 --> 00:10:07,103 (INDISTINCT CHATTER) 123 00:10:11,736 --> 00:10:12,817 (DOOR OPENS) 124 00:10:12,904 --> 00:10:17,740 I am Professor Brown. This is Introduction to Contracts. 125 00:10:17,992 --> 00:10:20,200 Hawkins v. McGee. 126 00:10:21,329 --> 00:10:23,787 State the case, please. 127 00:10:33,508 --> 00:10:34,508 Mr. Pruitt. 128 00:10:37,053 --> 00:10:39,716 Uh, good morning. I'm Donald Pruitt. I'm really honored to be here. 129 00:10:39,806 --> 00:10:41,297 Hawkins v. McGee. 130 00:10:41,391 --> 00:10:42,882 Uh, yeah, Hawkins v. McGee, 131 00:10:42,976 --> 00:10:45,764 it's a fascinating breach of contract case where... 132 00:10:46,896 --> 00:10:48,888 Charles Hawkins hurt his hand and McGee... 133 00:10:48,982 --> 00:10:50,564 Can someone help him please? 134 00:10:59,450 --> 00:11:00,782 Mr. Fitzpatrick. 135 00:11:03,413 --> 00:11:06,121 It was Charles' son who hurt his hand. Electrocution burn. 136 00:11:06,207 --> 00:11:08,870 And at what point does the case turn, Mr. Fitzpatrick? 137 00:11:09,627 --> 00:11:12,995 McGee promised to fix the hand by performing a skin graft. 138 00:11:13,089 --> 00:11:15,126 But McGee wasn't very familiar with the procedure 139 00:11:15,216 --> 00:11:17,208 and the results weren't quite what he planned. 140 00:11:20,263 --> 00:11:23,552 Question already? Mrs. Ginsburg. 141 00:11:23,641 --> 00:11:24,927 Correction, Professor Brown. 142 00:11:25,018 --> 00:11:28,261 McGee did not simply promise to fix George Hawkins' hand, 143 00:11:28,354 --> 00:11:29,686 he promised, quote, 144 00:11:30,398 --> 00:11:32,481 "a 100% good hand." 145 00:11:32,567 --> 00:11:33,728 That's the same thing. 146 00:11:33,818 --> 00:11:34,818 PROFESSOR BROWN: Is it? 147 00:11:35,153 --> 00:11:36,735 What say you, Mrs. Ginsburg? 148 00:11:36,905 --> 00:11:37,986 It is not. 149 00:11:38,740 --> 00:11:40,026 Words matter. 150 00:11:40,658 --> 00:11:43,150 McGee grafted skin from Hawkins' chest. 151 00:11:43,244 --> 00:11:45,236 Not only did this fail to fix the scarring, 152 00:11:45,330 --> 00:11:47,367 he had chest hair growing on his palm. 153 00:11:47,457 --> 00:11:49,824 Proving that a hand with a burn is worth two with a bush. 154 00:11:49,918 --> 00:11:51,830 (ALL LAUGHING) 155 00:11:52,962 --> 00:11:54,749 The court denied Hawkins damages. 156 00:11:54,839 --> 00:11:56,150 Hawkins did get damages. The court said... 157 00:11:56,174 --> 00:11:57,506 If I may finish? 158 00:11:58,843 --> 00:12:01,836 Hawkins was denied damages for pain and suffering. 159 00:12:02,096 --> 00:12:05,089 The New Hampshire Supreme Court ruled he was entitled to damages 160 00:12:05,183 --> 00:12:07,891 only based on the contract being fulfilled. 161 00:12:09,812 --> 00:12:12,179 So if Dr. McGee had set realistic expectations 162 00:12:12,273 --> 00:12:14,014 instead of making grand promises, 163 00:12:14,108 --> 00:12:16,350 Hawkins' award likely would have been less. 164 00:12:20,657 --> 00:12:23,946 Was that an answer, Mrs. Ginsburg, or a filibuster? 165 00:12:24,452 --> 00:12:26,284 (ALL LAUGHING) 166 00:12:28,122 --> 00:12:29,533 (LAUGHING) 167 00:12:30,041 --> 00:12:31,041 Hmm. 168 00:12:36,422 --> 00:12:37,503 WOMEN: Movie. 169 00:12:38,007 --> 00:12:39,007 WOMEN: Four words. 170 00:12:39,259 --> 00:12:41,171 - WOMEN: Second word. - Seven? 171 00:12:41,261 --> 00:12:42,297 - EMILY: Seven. - Uh-oh. 172 00:12:42,387 --> 00:12:43,387 WOMEN: Fourth word. 173 00:12:44,264 --> 00:12:45,300 (LAUGHTER) 174 00:12:45,390 --> 00:12:46,756 - Monkey. - Oh, gorilla. 175 00:12:46,849 --> 00:12:48,340 Monkey business! Ape! 176 00:12:48,434 --> 00:12:50,300 Monkey, monkey. WOMAN: Ape! 177 00:12:51,354 --> 00:12:52,936 - Monkey on my back? - (WOLF WHISTLES) 178 00:12:55,358 --> 00:12:56,769 Second word, "seven." 179 00:12:56,859 --> 00:12:58,816 - Seven... - Seven Brides for Seven Brothers? 180 00:12:58,903 --> 00:13:00,863 - What does that have to do with monkeys? - And... 181 00:13:00,947 --> 00:13:02,813 - Oh, oh! The Seven Year Itch. - Time! 182 00:13:02,907 --> 00:13:04,739 (WOMEN CHEERING) MARTIN: Oh! Oh! 183 00:13:05,493 --> 00:13:07,280 (ALL LAUGHING) 184 00:13:07,370 --> 00:13:09,532 Ruthless Ruthy strikes again. 185 00:13:09,622 --> 00:13:11,534 Okay. Next round's riding on you. 186 00:13:12,000 --> 00:13:13,491 Don't worry, he's very good. 187 00:13:13,584 --> 00:13:15,604 Thank God, because she actually broke up with someone 188 00:13:15,628 --> 00:13:16,668 for being bad at Charades. 189 00:13:16,713 --> 00:13:19,626 - You didn't really? - It was a manifestation 190 00:13:19,716 --> 00:13:20,877 of his being an idiot. 191 00:13:20,967 --> 00:13:22,048 - (WOMAN LAUGHS) - See? 192 00:13:22,135 --> 00:13:23,862 Don't worry, I'm comfortable being smarter than you. 193 00:13:23,886 --> 00:13:24,886 Oh, thank you. 194 00:13:24,971 --> 00:13:26,291 WOMAN: All right, everybody ready? 195 00:13:27,098 --> 00:13:28,305 Uh, song. 196 00:13:30,560 --> 00:13:32,426 MAN 1: Buddy Holly? MAN 2: Bill Haley. 197 00:13:32,854 --> 00:13:33,890 By Elvis. 198 00:13:34,689 --> 00:13:35,896 MAN 2: Three words. 199 00:13:36,274 --> 00:13:37,714 MAN 1: First word. MAN 2: First word. 200 00:13:38,401 --> 00:13:39,437 Uh... 201 00:13:39,527 --> 00:13:41,063 - Uh, table. - A glass? 202 00:13:41,154 --> 00:13:42,235 MAN 2: A book. 203 00:13:42,322 --> 00:13:44,154 Reading! MAN 2: Uh, blue! 204 00:13:44,240 --> 00:13:46,698 - Uh, Blueberry Hill. - No, that's Fats Domino. 205 00:13:46,784 --> 00:13:47,991 - Third word. - Third word. 206 00:13:48,077 --> 00:13:49,193 - Floor. - Carpet. 207 00:13:49,287 --> 00:13:51,279 Dancing? EMILY: Nice moves. 208 00:13:51,372 --> 00:13:52,988 - (GROANING) - (LAUGHTER) 209 00:13:53,082 --> 00:13:54,414 Oh, no sound effects. 210 00:13:54,959 --> 00:13:56,166 MAN 1: Oh, Blue Suede Shoes! 211 00:13:56,252 --> 00:13:58,209 MAN 2: Come on, Marty, you're a lightweight. 212 00:13:58,296 --> 00:13:59,832 RUTH: Marty? 213 00:13:59,922 --> 00:14:01,914 - (GROANS) - Marty? 214 00:14:02,008 --> 00:14:03,749 Help! Help! MAN 1: Is he all right? 215 00:14:03,843 --> 00:14:04,924 Someone get some help! 216 00:14:05,011 --> 00:14:06,422 (INAUDIBLE) 217 00:14:13,061 --> 00:14:14,597 The doctor's ready to see you. 218 00:14:45,051 --> 00:14:46,212 Excuse me. 219 00:14:46,677 --> 00:14:47,838 NURSE: Just a moment please. 220 00:14:51,682 --> 00:14:54,140 - Excuse me, I just... - Just a moment, I need to make a call. 221 00:14:56,354 --> 00:14:59,062 Yes. Can we have the results today? 222 00:14:59,399 --> 00:15:00,685 Excuse me? 223 00:15:01,234 --> 00:15:04,102 Doctor. You examined my husband. 224 00:15:04,195 --> 00:15:06,215 I'm wondering when you think he'll be able to leave. 225 00:15:06,239 --> 00:15:08,777 - I need to call the sitter... - What's the patient's name? 226 00:15:09,575 --> 00:15:11,441 Martin Ginsburg. 227 00:15:11,536 --> 00:15:13,323 Right. Ginsburg. 228 00:15:13,413 --> 00:15:15,575 (INHALES SHARPLY) Hmm. 229 00:15:15,665 --> 00:15:16,906 Yeah, he's not going home today. 230 00:15:16,999 --> 00:15:19,241 - Excuse me? - We have more tests to run. 231 00:15:21,379 --> 00:15:22,460 What kind of tests? 232 00:15:22,547 --> 00:15:24,191 Various kinds. He's gonna be with us a while. 233 00:15:24,215 --> 00:15:25,922 What tests? I need to see him. 234 00:15:26,008 --> 00:15:29,968 Go home, get some rest. We'll know more in a few days. 235 00:15:30,054 --> 00:15:31,465 Now, if you'll excuse me. 236 00:15:36,686 --> 00:15:37,686 EMILY: How is he? 237 00:15:39,021 --> 00:15:40,137 Fine. 238 00:15:50,032 --> 00:15:51,739 Call any time, okay? 239 00:15:56,122 --> 00:15:57,158 Bye. 240 00:15:58,624 --> 00:16:01,287 (DOOR OPENS AND CLOSES) 241 00:16:46,631 --> 00:16:47,712 (GROANS SOFTLY) 242 00:16:48,758 --> 00:16:50,590 - Hi. - Hi. 243 00:16:52,136 --> 00:16:53,343 (CHUCKLES SOFTLY) 244 00:16:57,058 --> 00:16:59,345 At least you got a break from my cooking. 245 00:17:01,145 --> 00:17:02,556 (FOOTSTEPS APPROACHING) 246 00:17:04,398 --> 00:17:05,639 Afternoon. 247 00:17:05,733 --> 00:17:07,690 - Hey, Doc. - Dr. Leadbetter. 248 00:17:09,028 --> 00:17:10,235 (SIGHS) 249 00:17:11,656 --> 00:17:12,692 It's as we feared. 250 00:17:14,742 --> 00:17:17,109 Marty, you're young, and we caught it early. 251 00:17:18,037 --> 00:17:20,404 We've pioneered a new treatment here. 252 00:17:20,498 --> 00:17:25,084 It entails numerous surgeries, each followed by a course of radiation. 253 00:17:25,586 --> 00:17:29,045 There's a chance you can go on to a healthy, happy life. 254 00:17:29,131 --> 00:17:30,497 As if none of this had happened. 255 00:17:30,591 --> 00:17:33,379 Well, what kind of a chance? 256 00:17:34,053 --> 00:17:36,545 Dr. Leadbetter, we'd rather know what we're facing. 257 00:17:39,392 --> 00:17:42,601 Survival rate for testicular cancer has been about 5%. 258 00:17:42,812 --> 00:17:44,428 (CHUCKLES DRYLY) 259 00:17:46,065 --> 00:17:47,351 Thanks for the honesty. 260 00:17:48,442 --> 00:17:49,442 I think. 261 00:17:49,527 --> 00:17:50,893 I'll let you two talk. 262 00:17:57,910 --> 00:17:58,910 (SIGHS) 263 00:18:28,482 --> 00:18:30,098 (SOBBING) 264 00:18:31,986 --> 00:18:33,397 We're never giving up. 265 00:18:35,114 --> 00:18:36,321 You keep working. 266 00:18:38,242 --> 00:18:39,449 Keep studying. 267 00:18:40,077 --> 00:18:41,909 Jane will have her father. 268 00:18:43,748 --> 00:18:45,239 You will be a lawyer. 269 00:18:47,960 --> 00:18:50,873 I'm spending my life with you, Martin Ginsburg. 270 00:18:53,049 --> 00:18:54,961 (SNIFFLING) 271 00:19:02,350 --> 00:19:03,761 (CONTINUES SOBBING) 272 00:19:13,736 --> 00:19:15,693 PROFESSOR FREUND: Judicial consistency. 273 00:19:16,280 --> 00:19:21,241 The doctrine of stare decisis comes from English common law, 274 00:19:21,327 --> 00:19:23,785 which also provides the first examples 275 00:19:23,871 --> 00:19:27,285 of circumstances where precedence may be overturned. 276 00:19:27,375 --> 00:19:28,491 RUTH: Excuse me. 277 00:19:29,293 --> 00:19:31,660 - Judges are bound... - Thank you. 278 00:19:31,754 --> 00:19:32,961 Excuse me. 279 00:19:33,047 --> 00:19:34,583 May I help you? 280 00:19:34,924 --> 00:19:38,042 Um... I'm Martin Ginsburg's wife. 281 00:19:38,135 --> 00:19:40,718 I'll be attending his classes for him. 282 00:19:41,764 --> 00:19:43,471 In addition to your own? 283 00:19:44,141 --> 00:19:46,849 Yes, Professor Freund. 284 00:19:53,109 --> 00:19:57,149 Judges are bound by precedence, 285 00:19:57,238 --> 00:19:59,400 but they cannot ignore cultural change. 286 00:20:00,241 --> 00:20:03,780 A court ought not be affected by the weather of the day, 287 00:20:03,869 --> 00:20:06,987 but will be by the climate of the era. 288 00:20:10,042 --> 00:20:12,785 MARTIN: Wait, wait, wait. Say that last part again? 289 00:20:13,087 --> 00:20:17,502 "A court ought not be affected by the weather of the day, 290 00:20:17,591 --> 00:20:20,584 "but will be by the climate of the era." 291 00:20:22,930 --> 00:20:24,046 (GRUNTS SOFTLY) 292 00:20:24,473 --> 00:20:25,714 You're sure he said that? 293 00:20:29,186 --> 00:20:30,267 Of course. 294 00:20:30,730 --> 00:20:32,346 (SIGHS) Of course. 295 00:20:36,902 --> 00:20:38,814 The law is never finished. 296 00:20:40,281 --> 00:20:42,364 It is a work in progress, 297 00:20:45,619 --> 00:20:47,531 and ever will be. 298 00:20:47,621 --> 00:20:50,113 - (DINGS) - Brown v. the Board of Education, 299 00:20:50,958 --> 00:20:53,120 parentheses, 1954, 300 00:20:53,419 --> 00:20:55,331 was the most revolutionary 301 00:20:56,672 --> 00:20:58,254 Supreme Court case 302 00:20:59,717 --> 00:21:01,128 in the last century. 303 00:21:01,218 --> 00:21:03,005 (BABY CRYING) 304 00:21:04,388 --> 00:21:06,505 Representing Oliver Brown 305 00:21:07,850 --> 00:21:08,850 et al., 306 00:21:09,810 --> 00:21:11,051 Thurgood Marshall... 307 00:21:11,145 --> 00:21:13,558 - I'm not listening. - ...educated the court... 308 00:21:13,647 --> 00:21:15,058 (CRYING CONTINUES) 309 00:21:27,620 --> 00:21:28,827 Come on, Jane. 310 00:21:28,913 --> 00:21:30,825 That's it, come on, sweetie. 311 00:21:46,680 --> 00:21:47,761 Okay... 312 00:22:15,084 --> 00:22:16,245 (KISSES) 313 00:22:43,654 --> 00:22:45,065 (CRANKING) 314 00:23:04,216 --> 00:23:05,832 RUTH AND MARTIN: One, two, three... 315 00:23:06,010 --> 00:23:07,592 - Whoo! - (JANE LAUGHS) 316 00:23:07,678 --> 00:23:09,761 - One, two, three... - One, two, three... 317 00:23:09,847 --> 00:23:11,032 - RUTH AND MARTIN: Whoo! - (GIGGLES) 318 00:23:11,056 --> 00:23:12,467 Should we give Daddy a rest? 319 00:23:13,893 --> 00:23:16,306 Some day, this little angel's gonna slam the door in our face 320 00:23:16,395 --> 00:23:18,352 and tell us that we're ruining her life. 321 00:23:21,150 --> 00:23:22,812 I should've never taken the job. 322 00:23:23,402 --> 00:23:24,768 It's a great firm. 323 00:23:25,112 --> 00:23:27,900 And New York is the center of the legal universe. 324 00:23:28,741 --> 00:23:29,902 You earned it. 325 00:23:30,784 --> 00:23:32,150 You earned it. 326 00:23:32,244 --> 00:23:33,985 - I barely survived it. - (CHUCKLES) 327 00:23:35,706 --> 00:23:37,914 I just don't wanna be away from you and Jane. 328 00:23:38,375 --> 00:23:39,491 You won't be. 329 00:23:40,669 --> 00:23:41,830 I won't allow it. 330 00:23:42,880 --> 00:23:44,121 I'll convince him. 331 00:23:47,092 --> 00:23:49,254 Say, "Good luck, Mommy." JANE: Good luck, Mommy. 332 00:23:50,137 --> 00:23:52,254 ERWIN: You want a Harvard law degree, 333 00:23:52,348 --> 00:23:55,591 though you plan to finish your coursework at Columbia? 334 00:23:56,977 --> 00:23:59,515 You would do well, Mrs. Ginsburg, 335 00:23:59,605 --> 00:24:02,268 to remember how fortunate you are to be here. 336 00:24:02,942 --> 00:24:04,228 Dean Griswold, 337 00:24:04,318 --> 00:24:07,186 between the first and third year of law school, 338 00:24:07,488 --> 00:24:10,231 which is the more substantive, the more critical? 339 00:24:10,407 --> 00:24:11,818 The first, of course. 340 00:24:11,909 --> 00:24:14,777 Yet when someone transfers in as a second year student 341 00:24:14,870 --> 00:24:18,284 having taken those more important classes elsewhere, he's allowed a degree. 342 00:24:18,415 --> 00:24:20,577 - That's irrelevant. - I've been here two years. 343 00:24:20,751 --> 00:24:22,242 I'm first in my class. 344 00:24:22,419 --> 00:24:25,912 There is no reason your husband cannot provide for you 345 00:24:26,006 --> 00:24:28,623 while you and the child remain in Cambridge. 346 00:24:29,218 --> 00:24:32,962 Last year, John Sumner was allowed to finish his course work at Baltimore. 347 00:24:33,389 --> 00:24:35,005 Three years ago, Roy Paxton... 348 00:24:35,099 --> 00:24:37,056 - Very different cases. - How are they different? 349 00:24:37,142 --> 00:24:40,431 Mrs. Ginsburg, you have no compelling need to transfer. 350 00:24:44,650 --> 00:24:46,016 Marty could relapse. 351 00:24:48,237 --> 00:24:49,478 He beat the odds, 352 00:24:49,822 --> 00:24:52,235 but the doctors say it could happen at any time. 353 00:24:56,996 --> 00:24:58,328 Dean Griswold, 354 00:25:00,124 --> 00:25:01,706 this is my family. 355 00:25:04,503 --> 00:25:05,835 Nonetheless, 356 00:25:06,922 --> 00:25:09,335 we each have our responsibilities, 357 00:25:09,800 --> 00:25:13,714 and mine is to protect the distinction of a Harvard law degree. 358 00:25:14,471 --> 00:25:16,463 I can't force you to stay, 359 00:25:18,392 --> 00:25:21,100 but I won't reward you for leaving, either. 360 00:25:37,202 --> 00:25:38,613 (INAUDIBLE CONVERSATION) 361 00:25:56,847 --> 00:25:58,679 (HORNS BLARING) 362 00:25:58,766 --> 00:26:00,598 (INDISTINCT CHATTER) 363 00:26:35,302 --> 00:26:37,089 Jesus, Mary, and Joseph. 364 00:26:37,971 --> 00:26:40,554 Graduating top of your class, law review at Harvard 365 00:26:40,849 --> 00:26:42,090 and Columbia. 366 00:26:42,726 --> 00:26:44,217 I didn't even know that was possible. 367 00:26:44,311 --> 00:26:45,893 Thank you, Mr. Greene. 368 00:26:46,271 --> 00:26:47,478 I've worked hard. 369 00:26:47,731 --> 00:26:49,688 Well, you'd want some white-shoe firm. 370 00:26:49,775 --> 00:26:52,267 Big money cases, complex legal maneuvers... 371 00:26:52,361 --> 00:26:55,354 No, I think Bibler and Greene is the perfect fit. 372 00:26:55,906 --> 00:26:58,114 You handled the Mercer bankruptcy last year... 373 00:26:58,200 --> 00:27:00,112 Come on. How many have you been to? 374 00:27:00,702 --> 00:27:02,694 They all turned you down, right? How many? 375 00:27:03,997 --> 00:27:05,158 Like 10? 376 00:27:07,167 --> 00:27:08,499 Twelve. 377 00:27:08,585 --> 00:27:11,043 A woman, a mother and a Jew to boot. 378 00:27:12,256 --> 00:27:14,543 I'm surprised that many let you through the door. 379 00:27:14,633 --> 00:27:16,966 One sent me to interview for the secretarial pool. 380 00:27:17,052 --> 00:27:18,052 (SCOFFS) 381 00:27:18,137 --> 00:27:21,380 Another told me I'd be too busy at bake sales to be effective. 382 00:27:21,807 --> 00:27:24,424 One partner closes clients in the locker room at his club, 383 00:27:24,518 --> 00:27:26,555 so he said I'd be out of the loop. 384 00:27:27,146 --> 00:27:30,264 Last week, I was told women are too emotional to be lawyers. 385 00:27:30,357 --> 00:27:31,768 Then that same afternoon, 386 00:27:31,859 --> 00:27:35,023 that a woman graduating top of her class must be a real ball buster 387 00:27:35,112 --> 00:27:36,819 and wouldn't make a good colleague. 388 00:27:36,905 --> 00:27:39,318 I was asked when I'd have my next baby, 389 00:27:39,658 --> 00:27:41,115 and whether I keep Shabbat. 390 00:27:42,411 --> 00:27:45,449 One interviewer told me I had a sterling r�sum�, 391 00:27:45,539 --> 00:27:46,724 but they hired a woman last year, 392 00:27:46,748 --> 00:27:48,476 and what in the world would they want with two of us? 393 00:27:48,500 --> 00:27:49,707 You must be livid. 394 00:27:52,337 --> 00:27:54,750 My mother taught me not to give way to emotions. 395 00:27:54,840 --> 00:27:56,172 Bullshit. 396 00:27:56,884 --> 00:27:59,422 You're angry. Good. Use it. 397 00:28:00,012 --> 00:28:02,049 I have to say, Mrs. Ginsburg, 398 00:28:02,389 --> 00:28:03,880 I'm very impressed. 399 00:28:03,974 --> 00:28:05,135 Mr. Greene, 400 00:28:05,893 --> 00:28:07,475 I wanna be a lawyer. 401 00:28:07,769 --> 00:28:09,852 I wanna represent clients before the court 402 00:28:09,938 --> 00:28:11,474 in pursuit of justice. 403 00:28:11,565 --> 00:28:14,478 You can see, I... I worked hard through school, I... 404 00:28:15,110 --> 00:28:17,602 I did everything I was supposed to and I excelled. 405 00:28:17,696 --> 00:28:19,813 I swear it, I'll do the same for you. 406 00:28:30,709 --> 00:28:33,372 The fact is that, you know, we're a... 407 00:28:34,046 --> 00:28:35,753 A close-knit firm. 408 00:28:35,839 --> 00:28:38,582 Almost like family, and, uh... 409 00:28:41,595 --> 00:28:42,881 But the wives, 410 00:28:44,556 --> 00:28:45,797 they get jealous. 411 00:28:50,354 --> 00:28:52,186 (HORNS BLARING) 412 00:28:52,272 --> 00:28:53,808 (INDISTINCT CHATTER) 413 00:28:53,899 --> 00:28:55,731 (SIRENS BLARING IN DISTANCE) 414 00:29:17,214 --> 00:29:20,457 RUTH: "The prince would marry her 415 00:29:20,550 --> 00:29:23,509 "whose foot would fit the little slipper." 416 00:29:25,722 --> 00:29:26,838 Kiki? 417 00:29:27,349 --> 00:29:30,137 - "First, he tried it on the..." - Kik? Kik! 418 00:29:30,227 --> 00:29:32,219 - Where is everybody? - "...princess." 419 00:29:32,312 --> 00:29:33,928 Oh, hi. 420 00:29:34,231 --> 00:29:36,143 Hello, sweet pea. Come here. 421 00:29:36,233 --> 00:29:37,974 How was your day, hmm? 422 00:29:38,151 --> 00:29:39,767 I missed you. 423 00:29:39,861 --> 00:29:41,272 Did you have a nice day? 424 00:29:41,363 --> 00:29:43,355 (OPERATIC MUSIC PLAYING ON RECORD) 425 00:29:44,074 --> 00:29:45,190 Did you get the job? 426 00:29:45,909 --> 00:29:48,196 You got the job. That's wonderful! 427 00:29:48,287 --> 00:29:49,368 Oh! 428 00:29:49,746 --> 00:29:51,453 So they're gonna give you a corner office 429 00:29:51,540 --> 00:29:53,101 or you still gonna have to jump through some hoops? 430 00:29:53,125 --> 00:29:54,957 It's not at Bibler and Greene. 431 00:29:55,168 --> 00:29:56,875 I wasn't what they were looking for. 432 00:29:58,297 --> 00:29:59,413 That's okay. 433 00:29:59,506 --> 00:30:02,294 I told you one of the other firms would come back. Which one was it? 434 00:30:04,469 --> 00:30:07,177 Clyde Ferguson left his professorship at Rutgers. 435 00:30:08,640 --> 00:30:10,285 - Kiki. - They haven't found another black man 436 00:30:10,309 --> 00:30:11,345 to replace him, 437 00:30:11,435 --> 00:30:14,178 so someone thought a woman would be the next best thing. 438 00:30:22,362 --> 00:30:24,069 - Good news. - You can't quit. 439 00:30:25,157 --> 00:30:27,343 There are more firms out there. This is the biggest city 440 00:30:27,367 --> 00:30:29,554 and the most litigious country in the history of the planet. 441 00:30:29,578 --> 00:30:31,535 - You can still... - Marty, I got a job. 442 00:30:32,414 --> 00:30:34,121 Just open the champagne. 443 00:30:34,708 --> 00:30:36,119 (MUSIC CONTINUES PLAYING) 444 00:30:39,796 --> 00:30:40,832 Okay. 445 00:30:42,049 --> 00:30:43,335 Okay. 446 00:30:43,425 --> 00:30:44,666 Then let's celebrate. 447 00:30:52,684 --> 00:30:54,721 Marriage of Figaro. 448 00:30:59,441 --> 00:31:00,522 (MUSIC STOPS) 449 00:31:00,609 --> 00:31:01,690 You know what I think? 450 00:31:01,943 --> 00:31:03,354 I think this is good. 451 00:31:03,612 --> 00:31:04,693 I think it's better. 452 00:31:05,489 --> 00:31:07,300 - You won't be beholden to any firm. - (ORCHESTRAL MUSIC PLAYING) 453 00:31:07,324 --> 00:31:09,611 You won't have a partner breathing down your neck. 454 00:31:09,701 --> 00:31:13,866 And also, a professor is free to represent any client she chooses. 455 00:31:13,955 --> 00:31:14,991 (CORK POPS) 456 00:31:15,082 --> 00:31:18,746 As long as they don't mind a lawyer who's never actually practiced law. 457 00:31:18,835 --> 00:31:19,835 Well, 458 00:31:20,170 --> 00:31:22,583 all I have to say is, 459 00:31:23,215 --> 00:31:25,457 hooray for Mommy. 460 00:31:27,219 --> 00:31:28,881 - Cheers. - (GLASSES CLINK) 461 00:31:31,139 --> 00:31:32,346 Hooray for Mommy. 462 00:31:35,936 --> 00:31:37,302 Hooray for Mommy. 463 00:31:43,777 --> 00:31:45,188 (MUSIC CONTINUES PLAYING) 464 00:31:53,870 --> 00:31:55,515 PROTESTORS: (CHANTING) Hell no, we won't go! 465 00:31:55,539 --> 00:31:57,155 Hell no, we won't go! 466 00:31:57,249 --> 00:31:58,785 Hell no, we won't go! 467 00:31:58,875 --> 00:32:00,662 Hell no, we won't go! 468 00:32:00,752 --> 00:32:02,539 (WOMAN SPEAKING INDISTINCTLY ON MEGAPHONE) 469 00:32:06,591 --> 00:32:07,672 CROWD: No! 470 00:32:11,972 --> 00:32:13,634 PROTEST LEADER: And now they're telling us 471 00:32:13,723 --> 00:32:15,885 there's gonna be no prosecution. 472 00:32:16,476 --> 00:32:18,763 Are we gonna stand for that? PROTESTORS: No! 473 00:32:18,854 --> 00:32:21,722 Are we gonna die in Vietnam? PROTESTORS: No! 474 00:32:21,815 --> 00:32:24,523 No! Hell no, we won't go! CROWD: Hell no, we won't go! 475 00:32:24,609 --> 00:32:26,271 Hell no, we won't go! 476 00:32:26,361 --> 00:32:28,068 Hell no, we won't go! 477 00:32:37,622 --> 00:32:39,033 (INDISTINCT CHATTER) 478 00:32:42,752 --> 00:32:44,368 I'm Professor Ginsburg. 479 00:32:44,963 --> 00:32:48,297 This is Sex Discrimination and the Law. 480 00:32:49,426 --> 00:32:51,292 Some of my colleagues will tell you 481 00:32:51,386 --> 00:32:53,594 that sex discrimination doesn't exist. 482 00:32:53,680 --> 00:32:57,674 That I may as well be teaching the legal rights of gnomes and fairies. 483 00:32:57,767 --> 00:32:58,883 (LAUGHTER) 484 00:32:58,977 --> 00:33:00,593 We'll see if they're right. 485 00:33:02,481 --> 00:33:04,438 Hoyt v. Florida. 486 00:33:04,858 --> 00:33:06,975 State the facts please, Miss... 487 00:33:07,486 --> 00:33:08,727 Valentin. 488 00:33:09,154 --> 00:33:10,986 Gwendolyn Hoyt was a housewife 489 00:33:11,072 --> 00:33:12,984 and her husband was this asshole. 490 00:33:13,366 --> 00:33:15,779 - (WOMEN CHUCKLE) - Can you recall the specifics? 491 00:33:15,994 --> 00:33:18,202 He cheated on her. He choked her. 492 00:33:18,455 --> 00:33:20,538 He'd rip off her clothes and threaten to kill her. 493 00:33:20,707 --> 00:33:22,790 So, in statutory terms, 494 00:33:22,876 --> 00:33:24,083 he was a real asshole. 495 00:33:24,169 --> 00:33:25,410 (ALL LAUGH) 496 00:33:26,129 --> 00:33:29,839 On the night in question, Clarence told his wife 497 00:33:29,925 --> 00:33:32,668 that he'd met another woman and he was leaving her. 498 00:33:32,886 --> 00:33:36,129 How did Hoyt respond, Miss Burton? 499 00:33:36,556 --> 00:33:38,889 She smashed in his skull with a baseball bat. 500 00:33:39,184 --> 00:33:42,018 Then called an ambulance while he was dying. 501 00:33:42,938 --> 00:33:46,648 The jury convicted Hoyt for second-degree murder. 502 00:33:47,442 --> 00:33:49,308 And that's where our story begins. 503 00:33:49,986 --> 00:33:51,727 A great civil rights lawyer 504 00:33:51,821 --> 00:33:54,108 took up Hoyt's appeal. 505 00:33:54,407 --> 00:33:55,773 Dorothy... 506 00:33:57,410 --> 00:33:58,617 Kenyon. 507 00:34:00,914 --> 00:34:03,281 On what grounds, Miss Roemer? 508 00:34:03,792 --> 00:34:06,751 That Florida's juries violated the U.S. Constitution 509 00:34:06,836 --> 00:34:08,196 'cause there were only men on them. 510 00:34:08,463 --> 00:34:11,251 Kenyon said that if there were women on it, 511 00:34:11,341 --> 00:34:14,300 Hoyt may have been convicted of a lesser crime, like manslaughter. 512 00:34:14,386 --> 00:34:16,173 But that law makes sense, though. 513 00:34:17,138 --> 00:34:19,972 Women can't take care of their kids if they're on some sequestered jury. 514 00:34:20,058 --> 00:34:21,970 WOMAN 1: Oh, is that so? BENNETT: What? 515 00:34:22,060 --> 00:34:24,222 Men are the mammoth hunters. WOMAN 2: Oh, my God. 516 00:34:24,312 --> 00:34:25,456 You're never getting laid again. 517 00:34:25,480 --> 00:34:27,080 What about women who don't have children? 518 00:34:27,107 --> 00:34:28,227 Or they're out of the house? 519 00:34:28,275 --> 00:34:30,892 Let the man stay home and take care of his children. 520 00:34:31,236 --> 00:34:34,070 Hey, don't take it out on me. I'm not holding my fianc�e back. 521 00:34:34,155 --> 00:34:35,441 She's got two jobs. 522 00:34:35,532 --> 00:34:39,196 Which she can be fired from just for marrying you. 523 00:34:40,078 --> 00:34:41,489 The law allows it. 524 00:34:42,414 --> 00:34:45,748 There are laws that say women can't work overtime. 525 00:34:46,710 --> 00:34:49,669 And that a woman's Social Security benefits, 526 00:34:49,754 --> 00:34:51,336 unlike her husband's, 527 00:34:51,548 --> 00:34:53,710 don't provide for a family after death. 528 00:34:53,800 --> 00:34:54,840 What? WOMAN 3: Excuse me? 529 00:34:54,884 --> 00:34:56,320 That's bullshit. WOMAN 4: That's crazy. 530 00:34:56,344 --> 00:34:59,428 Ten years ago, Dorothy Kenyon asked a question. 531 00:35:00,390 --> 00:35:02,848 "If the law differentiates on the basis of sex, 532 00:35:02,934 --> 00:35:05,472 "then how will women and men ever become equals?" 533 00:35:06,104 --> 00:35:07,766 And the Supreme Court answered, 534 00:35:08,356 --> 00:35:09,597 "They won't." 535 00:35:10,066 --> 00:35:11,728 Hoyt lost her appeal. 536 00:35:12,193 --> 00:35:14,276 The decision was unanimous. 537 00:35:14,654 --> 00:35:17,362 Discrimination on the basis of sex 538 00:35:17,449 --> 00:35:18,690 is legal. 539 00:35:19,367 --> 00:35:21,359 (SOFT MUSIC PLAYING ON RECORD) 540 00:35:24,539 --> 00:35:25,950 (HUMMING SOFTLY) 541 00:35:33,381 --> 00:35:34,667 Here, stir that in. 542 00:35:34,758 --> 00:35:37,375 Hmm. Daddy, that's not how you do it. 543 00:35:37,594 --> 00:35:38,594 Oh, really? 544 00:35:38,678 --> 00:35:41,546 If you put the herbs in too early, they lose all their punch. 545 00:35:41,640 --> 00:35:43,326 Well, they're not supposed to pummel each other, Jane, 546 00:35:43,350 --> 00:35:45,453 they're supposed to complement each other, and that is why it's called 547 00:35:45,477 --> 00:35:46,996 "marrying the flavors." JAMES: We're home! 548 00:35:47,020 --> 00:35:49,137 - Hi! - Daddy! 549 00:35:49,230 --> 00:35:50,641 Buddy! 550 00:35:51,107 --> 00:35:52,439 - How was your day? - Good. 551 00:35:52,567 --> 00:35:54,003 - You have a good day at school? - Uh-huh. 552 00:35:54,027 --> 00:35:55,768 What'd you learn? Anything exciting? 553 00:35:56,404 --> 00:35:57,770 - Not really. - Hi. 554 00:35:57,864 --> 00:35:59,321 - Hi. - Hi. 555 00:36:00,533 --> 00:36:02,195 - Jane. - Hey, Mom. 556 00:36:02,285 --> 00:36:03,617 MARTIN: How's this year's class? 557 00:36:04,954 --> 00:36:07,617 Oh, these kids are so passionate. 558 00:36:08,041 --> 00:36:12,001 To them it's about more than precedents and dissents. 559 00:36:12,087 --> 00:36:14,170 They wanna forge a movement. MARTIN: That's great. 560 00:36:14,255 --> 00:36:15,917 RUTH: Mmm! This is delicious. 561 00:36:16,091 --> 00:36:18,083 - MARTIN: Don't act so surprised. - Jane? 562 00:36:19,344 --> 00:36:21,552 I got a call from your school today. 563 00:36:22,681 --> 00:36:25,298 Apparently, I misdated a note 564 00:36:25,642 --> 00:36:27,884 excusing you from classes last week. 565 00:36:28,019 --> 00:36:30,762 I- t's not a big deal. - Oh, well, problem solved then, right? 566 00:36:30,855 --> 00:36:32,266 You skipped school, it's... 567 00:36:32,357 --> 00:36:35,521 It's the first week. Is this what this year's gonna be like? 568 00:36:35,652 --> 00:36:37,004 - And you lied to the school... - I never lied. 569 00:36:37,028 --> 00:36:39,111 No, forging a note is lying, Jane. 570 00:36:39,531 --> 00:36:41,113 You're smart enough to know that. 571 00:36:41,908 --> 00:36:43,524 Well, apparently I'm not, Mom. 572 00:36:47,122 --> 00:36:49,042 Don't forget we have that party tonight. Not you. 573 00:36:49,124 --> 00:36:51,411 - Jane! - I apologized, okay? 574 00:36:51,501 --> 00:36:53,117 I wanna know where you were. 575 00:36:53,378 --> 00:36:56,166 Denise and I went to a rally to hear Gloria Steinem speak. 576 00:36:57,090 --> 00:36:58,126 What? 577 00:36:58,550 --> 00:36:59,791 Gloria Steinem. 578 00:37:00,009 --> 00:37:02,376 She's a writer. She just started her own magazine. 579 00:37:02,512 --> 00:37:05,721 - She testified in the Senate... - Yeah, I know who Gloria Steinem is. 580 00:37:06,182 --> 00:37:07,969 What if you got hurt or arrested? 581 00:37:08,059 --> 00:37:10,096 Mom, it's a rally, not a riot. 582 00:37:10,228 --> 00:37:12,790 - Jane, these things can get out of hand. - Okay, well, I'm 15 years old 583 00:37:12,814 --> 00:37:14,542 and you don't need to control every minute of my life. 584 00:37:14,566 --> 00:37:17,559 Yes, I do. That is my job. And your job is to go to school and learn. 585 00:37:17,652 --> 00:37:20,486 Well, Gloria says we need to unlearn the status quo. 586 00:37:20,572 --> 00:37:22,780 Oh. So you're on a first-name basis now? 587 00:37:22,866 --> 00:37:24,152 You know what, Mom? 588 00:37:24,325 --> 00:37:27,489 If you wanna sit around with your students and talk about how shitty it is 589 00:37:27,579 --> 00:37:28,681 - to be a girl... - Hey! Language. 590 00:37:28,705 --> 00:37:30,367 But don't pretend it's a movement, okay? 591 00:37:30,457 --> 00:37:32,870 It's not a movement if everyone's just sitting. 592 00:37:33,460 --> 00:37:35,952 That's a support group. MARTIN: Jane. That's enough. 593 00:37:40,008 --> 00:37:41,215 We should get going. 594 00:37:41,301 --> 00:37:43,384 Yeah, go make yourself pretty for Daddy's party. 595 00:37:46,139 --> 00:37:48,051 - You know what? Go to your room. - Fine. 596 00:37:50,059 --> 00:37:51,059 (DOOR SLAMS SHUT) 597 00:37:51,561 --> 00:37:52,927 No, no, it's well-known. 598 00:37:53,021 --> 00:37:55,980 Tax is the only genuinely funny area of the law. 599 00:37:56,065 --> 00:37:59,185 INTERN: And I think most of us just want careers that have a little more, uh... 600 00:37:59,360 --> 00:38:00,942 ...impact. MARTIN: Hmm. 601 00:38:02,155 --> 00:38:04,175 You know, young people in Sweden these days aren't getting married? 602 00:38:04,199 --> 00:38:05,406 INTERN: Really? 603 00:38:05,492 --> 00:38:07,825 MARTIN: It's true. They're getting engaged. INTERN: Hmm. 604 00:38:08,578 --> 00:38:10,114 MARTIN: They're still living together. 605 00:38:10,747 --> 00:38:12,488 Still having kids, raising a family, 606 00:38:12,582 --> 00:38:14,539 but they're not getting married. You know why? 607 00:38:14,626 --> 00:38:16,066 INTERN: They can have sex without it. 608 00:38:16,127 --> 00:38:18,119 (MEN LAUGHING) 609 00:38:18,922 --> 00:38:20,379 It's because of taxes. 610 00:38:22,258 --> 00:38:24,170 It's true. After the war, Sweden passed a law 611 00:38:24,260 --> 00:38:27,549 that said married couples will now file joint income tax returns. 612 00:38:27,639 --> 00:38:29,221 However, unlike the United States, 613 00:38:29,307 --> 00:38:31,147 they weren't given any of the benefits from it. 614 00:38:31,392 --> 00:38:35,056 So, married Swedes were finding themselves in the uncomfortable position 615 00:38:35,146 --> 00:38:37,183 of now being in a higher tax bracket. 616 00:38:37,357 --> 00:38:39,557 INTERN: (LAUGHING) Really? MARTIN: So they got divorced. 617 00:38:39,984 --> 00:38:41,664 Of course, they were still living together. 618 00:38:41,694 --> 00:38:44,186 So the Swedish government then passes a new law that says, 619 00:38:44,280 --> 00:38:46,146 "All right. Married couples who get divorced 620 00:38:46,241 --> 00:38:48,699 "but continue to live together for tax purposes 621 00:38:48,785 --> 00:38:50,617 "will be considered still married." 622 00:38:50,703 --> 00:38:51,983 So they did what anyone would do. 623 00:38:52,038 --> 00:38:53,620 They add a second entrance to their home 624 00:38:53,706 --> 00:38:56,289 with a nice wall that goes right down the middle 625 00:38:56,376 --> 00:38:58,083 with doors for (CLICKS TONGUE) easy access. 626 00:38:58,211 --> 00:39:02,330 - (LAUGHTER) - "All right, fine," says the Swedish government, "new law. 627 00:39:02,799 --> 00:39:06,964 "Once married, now divorced couples living in a two-income household 628 00:39:07,053 --> 00:39:11,047 "that is subdivided would," again, for tax purposes, 629 00:39:11,808 --> 00:39:13,577 "be considered living together, and therefore..." 630 00:39:13,601 --> 00:39:15,058 Therefore, still married. 631 00:39:15,144 --> 00:39:19,013 (CLAPS) Now he's got it. And this went on for decades. 632 00:39:19,107 --> 00:39:20,894 All the while, a whole generation of Swedes 633 00:39:20,984 --> 00:39:23,692 simply skirted the issue by never getting married in the first place. 634 00:39:24,654 --> 00:39:26,771 Speaking of, have you all met my lovely wife, Ruth? 635 00:39:26,948 --> 00:39:30,783 The moral of his story is that in their attempt to raise revenue, 636 00:39:30,869 --> 00:39:33,031 the Swedish government ruined all those young men's 637 00:39:33,121 --> 00:39:34,282 best hope at happiness. 638 00:39:34,706 --> 00:39:35,742 - (MEN LAUGH) - Exactly. 639 00:39:36,249 --> 00:39:39,083 Because how a government taxes its citizens 640 00:39:39,168 --> 00:39:42,127 is a direct declaration of a country's values. 641 00:39:42,380 --> 00:39:44,872 So tell me, what could have more impact than that? 642 00:39:44,966 --> 00:39:46,252 (MEN LAUGHING) 643 00:39:47,010 --> 00:39:48,501 You'd be wise to listen, boys. 644 00:39:48,595 --> 00:39:50,427 I swear to Christ, 645 00:39:50,513 --> 00:39:53,301 Martin Ginsburg will be signing all of our checks someday. 646 00:39:53,391 --> 00:39:54,507 (MEN LAUGH) 647 00:39:55,476 --> 00:39:57,718 You're a smart girl, Ruthy, you married a star. 648 00:40:01,065 --> 00:40:03,022 Tom Maller's barely evolved. 649 00:40:03,109 --> 00:40:05,226 He started walking upright last week. 650 00:40:05,612 --> 00:40:07,604 - You always do that. - What? 651 00:40:07,780 --> 00:40:10,147 - You act like it doesn't matter. - No. 652 00:40:10,241 --> 00:40:12,073 But all the little brush-offs, 653 00:40:12,160 --> 00:40:15,653 the dismissive pats on the head, it... It matters, Marty. 654 00:40:15,747 --> 00:40:19,286 Why? You know what you're doing is important. So who cares? 655 00:40:20,835 --> 00:40:23,623 Okay, fine. Next time my boss gives me a clumsy compliment, 656 00:40:23,713 --> 00:40:25,079 I'll challenge him to a duel. 657 00:40:25,173 --> 00:40:26,289 Will that make you happy? 658 00:40:26,382 --> 00:40:28,624 I wouldn't wanna hurt your stellar reputation. 659 00:40:28,718 --> 00:40:31,586 - Just tell me what you want. - Nothing! 660 00:40:32,055 --> 00:40:34,172 I want nothing. I want you to go to work 661 00:40:34,265 --> 00:40:35,676 and wow your bosses and clients, 662 00:40:35,767 --> 00:40:37,008 and be the youngest partner 663 00:40:37,101 --> 00:40:38,329 - in the history of the firm. - That's not fair. 664 00:40:38,353 --> 00:40:39,872 - That's not fair and you know it. - Then I want you to walk 665 00:40:39,896 --> 00:40:42,333 me home, Marty, so I can sit in my corner and write a lesson plan to inspire 666 00:40:42,357 --> 00:40:44,001 - the next generation of students... - No one's pushing you 667 00:40:44,025 --> 00:40:45,586 - in the corner. - ...to go forth and fight for equality. 668 00:40:45,610 --> 00:40:48,774 I don't understand why you're acting like that's such a bad thing. 669 00:40:49,197 --> 00:40:51,484 You're out there training the next generation of lawyers 670 00:40:51,574 --> 00:40:52,574 to change the world. 671 00:40:52,659 --> 00:40:54,696 Because that's what I wanted to do! 672 00:41:02,168 --> 00:41:03,659 Kiki. Kiki. 673 00:41:04,879 --> 00:41:06,871 (VIOLIN PLAYING ON RECORD) 674 00:41:07,840 --> 00:41:09,627 - (KNOCK ON DOOR) - (DOOR OPENS) 675 00:41:15,306 --> 00:41:16,547 Page 21. 676 00:41:18,518 --> 00:41:20,601 I don't read tax court cases. 677 00:41:20,687 --> 00:41:21,848 Read this one. 678 00:41:22,146 --> 00:41:24,354 The IRS denied a petitioner a tax deduction 679 00:41:24,440 --> 00:41:26,853 to hire a nurse to take care of an invalid mother. 680 00:41:28,111 --> 00:41:30,478 - Sounds like a real page turner. - Hmm. 681 00:41:30,738 --> 00:41:33,276 - Ask me why. - Marty, I have a lecture to write. 682 00:41:33,700 --> 00:41:35,441 Hmm. Okay. 683 00:41:38,496 --> 00:41:41,159 It's because the petitioner is a man. 684 00:41:43,251 --> 00:41:44,332 (DOOR CLOSES) 685 00:41:46,337 --> 00:41:47,623 RUTH: Marty. 686 00:41:48,965 --> 00:41:51,628 Section 214 of the Tax Code 687 00:41:51,718 --> 00:41:54,802 assumes a caregiver has to be a woman. 688 00:41:56,806 --> 00:42:01,346 This is sex-based discrimination against a man. 689 00:42:03,229 --> 00:42:04,891 (CLICKS TONGUE) Poor guy. 690 00:42:05,523 --> 00:42:07,230 If a federal court 691 00:42:08,151 --> 00:42:09,938 ruled that this law 692 00:42:10,445 --> 00:42:12,732 is unconstitutional, 693 00:42:12,822 --> 00:42:14,438 then it could become the precedent 694 00:42:14,532 --> 00:42:16,865 others refer to and build on. 695 00:42:17,493 --> 00:42:19,075 Men and women both. 696 00:42:20,955 --> 00:42:24,790 It could topple the whole damn system of discrimination. 697 00:42:25,543 --> 00:42:26,750 (CHUCKLES SOFTLY) 698 00:42:28,004 --> 00:42:29,211 What? 699 00:42:29,297 --> 00:42:30,504 Nothing. 700 00:42:30,757 --> 00:42:33,921 I'm just thrilled at your newfound enthusiasm for tax law. 701 00:42:34,385 --> 00:42:35,546 Marty. 702 00:42:35,636 --> 00:42:36,672 Oh. 703 00:42:37,680 --> 00:42:38,921 And Marty, 704 00:42:40,349 --> 00:42:42,136 we need to take this case. 705 00:42:42,351 --> 00:42:43,558 (ELEVATOR BELL DINGS) 706 00:42:55,865 --> 00:42:57,857 Of course he says he's against bombing Cambodia. 707 00:42:57,950 --> 00:42:59,691 I wanna know, where's the bill to defund it? 708 00:42:59,786 --> 00:43:01,666 It's derogatory, it's taunting, but it's speech. 709 00:43:02,163 --> 00:43:04,075 Mel Wulf is expecting me. 710 00:43:04,165 --> 00:43:06,435 He wants to get his hands on Nixon, or he hopes the Viet Cong do? 711 00:43:06,459 --> 00:43:07,791 Well, why? What's the difference? 712 00:43:08,169 --> 00:43:10,331 Five years in prison. Go. 713 00:43:13,841 --> 00:43:16,299 (SINGING) Oh 714 00:43:16,385 --> 00:43:20,504 I'm an acorn, short and round Lying on the dusty ground 715 00:43:20,598 --> 00:43:23,807 Everybody steps on me That is why I'm cracked You see 716 00:43:23,893 --> 00:43:26,351 I'm a nut, I'm a nut I'm a nut 717 00:43:26,437 --> 00:43:27,437 Come on. 718 00:43:27,522 --> 00:43:30,356 I'm a nut, I'm a nut I'm a nut 719 00:43:30,942 --> 00:43:33,685 I'm a nut, I'm a nut I'm a nut 720 00:43:33,778 --> 00:43:34,778 Wow. 721 00:43:34,862 --> 00:43:36,569 Oh, I'm a nut But that's no sin 722 00:43:36,656 --> 00:43:39,023 'Cause at Camp Che-Na-Wah I fit right in 723 00:43:39,117 --> 00:43:40,449 - (FAINT LAUGHTER) - (CLAPS) 724 00:43:40,535 --> 00:43:41,867 Ladies and gentlemen, 725 00:43:41,953 --> 00:43:46,573 three-time Camp Che-Na-Wah All-Around Camper, Ruth "Kiki" Bader. 726 00:43:49,585 --> 00:43:51,793 Oh, and for all you who think this job is hard, 727 00:43:51,879 --> 00:43:54,917 I judged the 13-and-unders with a color war trophy on the line. 728 00:43:55,007 --> 00:43:57,374 - (LAUGHTER) - Back to work. 729 00:43:58,845 --> 00:44:00,552 Hey, Kiki. What do you say? 730 00:44:03,057 --> 00:44:04,798 - Hi, Mel. - (SNORTS) 731 00:44:05,476 --> 00:44:06,592 Sorry about that. 732 00:44:09,522 --> 00:44:10,933 You said you had a case. 733 00:44:11,482 --> 00:44:12,689 This is not a case. 734 00:44:12,775 --> 00:44:15,734 This is the opening salvo on a 50-year war for a new class of civil rights. 735 00:44:15,820 --> 00:44:17,231 Yes! Exactly! 736 00:44:17,989 --> 00:44:19,855 I can't do this. It's beyond my mandate. 737 00:44:19,949 --> 00:44:22,191 American Civil Liberties Union? 738 00:44:23,035 --> 00:44:24,367 Women's rights are civil rights. 739 00:44:24,453 --> 00:44:26,661 I'm still getting flak for defending draft card burners. 740 00:44:26,998 --> 00:44:28,955 And the right to protest actually exists. 741 00:44:29,250 --> 00:44:30,457 After you. 742 00:44:30,543 --> 00:44:31,624 Here. 743 00:44:34,547 --> 00:44:35,913 Lois, can I get a... 744 00:44:37,717 --> 00:44:38,798 (DOOR CLOSES) 745 00:44:43,848 --> 00:44:44,929 (GRUNTS) 746 00:44:45,766 --> 00:44:46,847 How's Marty? 747 00:44:49,061 --> 00:44:50,142 He's fine. 748 00:44:51,022 --> 00:44:54,186 Still protecting the rich against the predations of the poor? 749 00:44:56,736 --> 00:44:58,352 If we're gonna appeal, 750 00:44:58,613 --> 00:45:01,697 the court needs to agree there's a constitutional handle in here. 751 00:45:01,782 --> 00:45:04,195 How did you even convince this guy to let you represent him? 752 00:45:04,285 --> 00:45:05,776 I... I'll take care of that. 753 00:45:05,953 --> 00:45:07,073 - He doesn't know? - Alone... 754 00:45:07,163 --> 00:45:08,404 - Are you kidding me? - Alone, 755 00:45:08,497 --> 00:45:10,454 the judges may not give Marty and I 756 00:45:10,541 --> 00:45:11,768 - the benefit of the doubt. - Oh. 757 00:45:11,792 --> 00:45:14,580 But with your name alongside ours on the brief... 758 00:45:15,338 --> 00:45:16,419 Yeah. 759 00:45:17,256 --> 00:45:21,250 Mel, you must see the opportunity this case represents. 760 00:45:21,844 --> 00:45:23,280 You think the judges are gonna be sympathetic 761 00:45:23,304 --> 00:45:24,704 just 'cause they all have prostates? 762 00:45:25,389 --> 00:45:27,201 Men and women all eat at the same lunch counters, 763 00:45:27,225 --> 00:45:29,203 they drink at the same water fountains, they go to the same schools... 764 00:45:29,227 --> 00:45:31,330 - Women can't attend Dartmouth. - Men can't go to Smith. 765 00:45:31,354 --> 00:45:34,847 Women police officers can't patrol New York City streets. 766 00:45:35,191 --> 00:45:36,272 We have to get... 767 00:45:39,195 --> 00:45:42,404 We have to get credit cards in our husband's names. 768 00:45:42,490 --> 00:45:43,981 You're not a minority. 769 00:45:44,116 --> 00:45:46,153 You're 51% of the population! 770 00:45:46,577 --> 00:45:48,785 It's been tried. Muller, Goesaert, uh... 771 00:45:48,871 --> 00:45:51,266 What's the other one? The one with the woman with the baseball bat. 772 00:45:51,290 --> 00:45:53,202 - Gwendolyn Hoyt. - Gwendolyn Hoyt, exactly. 773 00:45:53,292 --> 00:45:55,579 - And morally, they were right. - Yet they lost. 774 00:45:56,671 --> 00:45:59,459 Ruth, morality does not win the day. 775 00:45:59,548 --> 00:46:00,709 Look around you. 776 00:46:01,175 --> 00:46:03,667 Dorothy Kenyon could not get women equality 777 00:46:03,761 --> 00:46:06,720 by arguing a case with sex, murder and prison time on the line. 778 00:46:06,889 --> 00:46:10,178 You and Marty think you're gonna do it with this guy and his taxes? 779 00:46:10,977 --> 00:46:12,969 - (SIRENS BLARING) - (HORNS HONKING) 780 00:46:14,272 --> 00:46:15,683 (INDISTINCT CHATTER) 781 00:46:48,472 --> 00:46:49,804 Operator. 782 00:46:50,808 --> 00:46:52,640 I... I need a number. 783 00:46:54,020 --> 00:46:56,057 Denver, Colorado. 784 00:46:56,939 --> 00:46:58,375 MARTIN: Come on, you're gonna miss your flight! 785 00:46:58,399 --> 00:47:00,719 Now, you have to get James from school while I'm in Denver. 786 00:47:00,776 --> 00:47:01,776 Mom, I told you, 787 00:47:01,861 --> 00:47:04,194 Denise and I are starting our consciousness raising group. 788 00:47:04,280 --> 00:47:05,737 - Take James with you. - (WHISTLES) 789 00:47:07,283 --> 00:47:09,320 - You'll be all right? - Yeah. 790 00:47:09,577 --> 00:47:11,068 We'll survive somehow. 791 00:47:11,787 --> 00:47:13,323 Bye. Bye. 792 00:47:14,707 --> 00:47:15,868 Go kick ass. 793 00:47:16,042 --> 00:47:17,158 MARTIN: Meter's running. 794 00:47:18,169 --> 00:47:19,330 JANE: Bye, Mom. 795 00:47:20,129 --> 00:47:21,995 Bye. JAMES: Bye, Mom. 796 00:47:39,148 --> 00:47:40,184 Thank you. 797 00:47:50,201 --> 00:47:52,238 (DOORBELL RINGS) 798 00:47:53,704 --> 00:47:57,163 - Mr. Moritz. - Mrs. Ginsburg. You're early. 799 00:47:59,460 --> 00:48:01,873 I can come back in 10 minutes if you prefer. 800 00:48:01,962 --> 00:48:03,043 No, you might... 801 00:48:03,798 --> 00:48:05,915 Might as well come in now and have your say. 802 00:48:07,843 --> 00:48:09,004 Shoes off, please. 803 00:48:11,972 --> 00:48:13,008 Just come on in. 804 00:48:13,766 --> 00:48:14,847 Excuse me. 805 00:48:16,685 --> 00:48:19,519 You done, Mom? MRS. MORITZ: No. Not yet. 806 00:48:19,605 --> 00:48:20,812 (INDISTINCT CONVERSATION) 807 00:48:20,898 --> 00:48:22,751 I'm done, thank you. CHARLES: You want your crossword? 808 00:48:22,775 --> 00:48:24,294 MRS. MORITZ: Yeah, please. CHARLES: Okay. 809 00:48:24,318 --> 00:48:26,150 (TV PLAYING INDISTINCTLY) 810 00:48:27,279 --> 00:48:28,315 Here you go. 811 00:48:30,574 --> 00:48:32,236 - Mom... - Uh-huh? 812 00:48:32,326 --> 00:48:33,487 This is Mrs. Ginsburg. 813 00:48:33,577 --> 00:48:35,614 She's the New York lawyer I told you about. 814 00:48:35,704 --> 00:48:37,696 Mrs. Moritz, hello. 815 00:48:37,790 --> 00:48:39,702 I thought she would be bigger. 816 00:48:43,337 --> 00:48:44,498 You can have a seat. 817 00:48:45,506 --> 00:48:46,506 Here you go. 818 00:48:46,590 --> 00:48:48,350 - Do you want your magnifier? - Yeah, please. 819 00:48:48,426 --> 00:48:50,292 CHARLES: Okay. Here you go. All right? 820 00:48:51,220 --> 00:48:52,780 You want a drink? MRS. MORITZ: Uh-huh. 821 00:48:57,226 --> 00:49:00,594 I see you were a drum major. I was a twirler. 822 00:49:01,105 --> 00:49:02,516 It was a thousand years ago. 823 00:49:08,612 --> 00:49:11,946 - Mr. Moritz, about your case... - I don't have a case. 824 00:49:13,117 --> 00:49:15,029 Four lawyers told me so. 825 00:49:15,870 --> 00:49:17,736 And that judge, Tietjens, 826 00:49:18,414 --> 00:49:21,122 - he basically called me a tax cheat. - Are you? 827 00:49:22,835 --> 00:49:25,293 I never cheated at anything in my life. 828 00:49:25,379 --> 00:49:27,211 Tasmanian egg layer. 829 00:49:27,298 --> 00:49:28,334 Eight letters. 830 00:49:28,591 --> 00:49:29,877 Not now, Mom. 831 00:49:32,344 --> 00:49:36,463 Tell me in your own words, why did you hire a nurse? 832 00:49:37,057 --> 00:49:39,094 If you've never cared for an ailing parent... 833 00:49:39,185 --> 00:49:40,185 I have. 834 00:49:41,312 --> 00:49:42,393 Then you know. 835 00:49:42,480 --> 00:49:44,847 Between the dressing and the bathing and the toilet, 836 00:49:45,566 --> 00:49:49,150 it's not a task for one person, especially if you have a day job. 837 00:49:49,236 --> 00:49:52,604 If it wasn't for Cleeta, I'd have to put Mom in a home. 838 00:49:52,698 --> 00:49:55,315 So you deducted Cleeta's salary on your taxes. 839 00:49:55,409 --> 00:49:57,947 The judge said the tax code was clear. 840 00:49:58,454 --> 00:50:00,912 Caretaker's deduction was available to all women, 841 00:50:00,998 --> 00:50:04,787 but only to men who had wives who were incapacitated 842 00:50:04,877 --> 00:50:06,789 or dead or were divorced. 843 00:50:06,921 --> 00:50:08,708 - And you've never been married. - No. 844 00:50:08,797 --> 00:50:11,790 The men who wrote that law couldn't even fathom that a bachelor 845 00:50:12,426 --> 00:50:15,043 choosing to take care of a parent at home might exist. 846 00:50:15,137 --> 00:50:18,926 Tasmanian egg layer, second letter "L." 847 00:50:19,058 --> 00:50:22,051 - Mom, I'll help you in a little bit. - How about "platypus"? 848 00:50:24,939 --> 00:50:25,975 Ah! 849 00:50:30,069 --> 00:50:32,026 I'm a salesman, Mrs. Ginsburg. 850 00:50:33,405 --> 00:50:35,317 And I know when I'm being sold. 851 00:50:38,202 --> 00:50:39,568 With due respect, 852 00:50:40,454 --> 00:50:44,243 you have $296 at issue. I'm not here for the money. 853 00:50:45,167 --> 00:50:48,626 We'd represent your appeal pro bono, if you'll let us. 854 00:50:48,712 --> 00:50:51,079 So, the judge was wrong? 855 00:50:51,173 --> 00:50:55,463 Mr. Moritz, the law is wrong. 856 00:51:00,766 --> 00:51:02,177 Thank you. I was hungry. 857 00:51:05,229 --> 00:51:06,845 If it's not for the money, 858 00:51:08,399 --> 00:51:09,560 why are you here? 859 00:51:14,113 --> 00:51:16,981 The 14th Amendment to the United States Constitution says 860 00:51:17,074 --> 00:51:19,612 all people must be treated equally under the law. 861 00:51:20,369 --> 00:51:23,157 Yet there are I don't know how many laws 862 00:51:23,247 --> 00:51:26,115 like the caregiver deduction that say in effect, 863 00:51:26,208 --> 00:51:29,872 women stay home, men go to work, and that it should stay that way forever. 864 00:51:30,796 --> 00:51:32,537 I want to convince the federal courts 865 00:51:32,631 --> 00:51:36,341 that those laws are unconstitutional. 866 00:51:36,760 --> 00:51:37,876 How do you do that? 867 00:51:39,972 --> 00:51:43,340 One case at a time, starting with yours. 868 00:51:44,476 --> 00:51:45,762 So I'm a guinea pig? 869 00:51:47,354 --> 00:51:48,390 No, sir. 870 00:51:50,065 --> 00:51:52,728 You're the man marching out ahead of the band leading the way. 871 00:51:52,818 --> 00:51:54,059 (CHUCKLES SOFTLY) 872 00:51:54,153 --> 00:51:56,566 Just like that drum major you used to be. 873 00:51:58,407 --> 00:52:02,321 TOM: I've invested a lot of my own reputation building up your career 874 00:52:02,411 --> 00:52:03,743 and now you're on track to be 875 00:52:03,829 --> 00:52:06,537 the youngest partner in the history of the firm. 876 00:52:06,624 --> 00:52:10,038 And you want to risk that for some cockamamie case? 877 00:52:10,628 --> 00:52:15,339 Tom, I'm contractually obligated to ask to take outside work, and I'm asking. 878 00:52:15,424 --> 00:52:18,212 For God's sakes, you're traipsing into this for what? 879 00:52:18,552 --> 00:52:20,509 So your wife can feel like a real lawyer? 880 00:52:21,555 --> 00:52:23,547 She is a real lawyer, Tom. 881 00:52:23,641 --> 00:52:25,849 You wanna support Ruth, tell her the truth. 882 00:52:26,101 --> 00:52:28,184 - Which is? - The case is unwinnable. 883 00:52:28,771 --> 00:52:30,854 Congress can write whatever taxes it wants, 884 00:52:30,939 --> 00:52:33,022 that's not open to constitutional attack. 885 00:52:33,108 --> 00:52:34,474 Yes, but maybe you just say that 886 00:52:34,568 --> 00:52:36,768 because no one's been able to successfully do it before. 887 00:52:37,321 --> 00:52:38,321 Oh, Marty. 888 00:52:39,448 --> 00:52:40,984 Fine. Try it, but... 889 00:52:41,950 --> 00:52:45,034 When you lose and you embarrass our firm, 890 00:52:45,120 --> 00:52:47,515 just be ready for your career to come crashing back to earth. 891 00:52:47,539 --> 00:52:49,371 Okay. Noted. Noted. And thank you, Tom. 892 00:52:49,500 --> 00:52:51,583 - Thank you. Thank you. - Yeah, yeah, yeah. 893 00:52:51,669 --> 00:52:55,288 No! Murder can never be condoned, least of all by a lawyer. 894 00:52:55,381 --> 00:52:56,622 JANE: It's called justice. 895 00:52:56,715 --> 00:52:59,628 Yeah, what's just to you may not be just to me or to someone else. 896 00:52:59,718 --> 00:53:01,988 You know what I'm talking about. MARTIN: Hello, family unit. 897 00:53:02,012 --> 00:53:05,756 And would it kill you to admit that maybe I actually did something right? 898 00:53:05,849 --> 00:53:07,556 This is an A paper. 899 00:53:07,643 --> 00:53:09,885 RUTH: Yeah, of course it is. You're a beautiful writer. 900 00:53:09,978 --> 00:53:11,185 It just needs more work. 901 00:53:11,855 --> 00:53:15,064 Please tell me you aren't going 15 rounds over To Kill a Mockingbird. 902 00:53:15,150 --> 00:53:18,518 Daddy, can you please tell Mom that Atticus Finch can be a role model. 903 00:53:18,612 --> 00:53:21,320 He covers up Bob Ewell's murder. He is a terrible lawyer. 904 00:53:21,407 --> 00:53:23,569 - Why? 'Cause you say so? - No. Not me. 905 00:53:23,659 --> 00:53:25,992 Canon one of the American Bar Association's 906 00:53:26,078 --> 00:53:27,614 Model Code of Responsibility. 907 00:53:27,705 --> 00:53:28,991 What are you talking about? 908 00:53:29,081 --> 00:53:30,947 It's called legal ethics. 909 00:53:31,291 --> 00:53:34,125 Well, you'd do exactly the same thing if you actually had a heart. 910 00:53:38,549 --> 00:53:39,630 (DOOR CLOSES) 911 00:53:40,718 --> 00:53:42,478 I don't know where she gets her stubbornness. 912 00:53:42,970 --> 00:53:44,177 Can't imagine. 913 00:53:45,931 --> 00:53:47,012 So, how was your day? 914 00:53:54,106 --> 00:53:58,020 "History discloses that woman has always been dependent upon man. 915 00:53:58,694 --> 00:54:01,528 "Like children, she needs special care. 916 00:54:01,613 --> 00:54:03,775 "This justifies a difference in legislation." 917 00:54:03,866 --> 00:54:05,573 Muller v. Oregon. The law of the land. 918 00:54:05,993 --> 00:54:08,030 Or Bradwell v. Illinois. 919 00:54:09,121 --> 00:54:12,990 "The destiny of a woman is the benign offices of wife and mother. 920 00:54:13,333 --> 00:54:14,824 "This is the law of the Creator." 921 00:54:15,586 --> 00:54:18,329 I'm writing this brief and citing the same cases 922 00:54:18,422 --> 00:54:22,132 with the exact same precedents as everyone before us. 923 00:54:22,968 --> 00:54:25,676 Marty, if this is what we go in with, we're gonna lose. 924 00:54:25,929 --> 00:54:27,761 (LOUD MUSIC PLAYING OVER SPEAKERS) 925 00:54:28,390 --> 00:54:29,990 Wait, wait, wait, wait. Wait, wait, wait. 926 00:54:30,017 --> 00:54:31,349 I got it. I got it. 927 00:54:32,603 --> 00:54:34,720 At least she's not listening to The Monkees. 928 00:54:37,149 --> 00:54:38,560 (MUSIC BLARING) 929 00:54:39,276 --> 00:54:40,858 (KNOCKING ON DOOR) JANE: I'm busy. 930 00:54:49,161 --> 00:54:50,242 (MUSIC STOPS) 931 00:54:53,207 --> 00:54:54,414 (SIGHS) 932 00:54:57,669 --> 00:54:58,750 (SNIFFLES) 933 00:55:01,089 --> 00:55:02,830 Come here. Come here. 934 00:55:07,137 --> 00:55:08,344 (JANE SOBBING) 935 00:55:12,226 --> 00:55:13,433 I'm fine. 936 00:55:14,520 --> 00:55:15,727 (SNIFFLES) 937 00:55:15,813 --> 00:55:17,349 I can be as tough as she is. 938 00:55:18,774 --> 00:55:19,981 She's a bully. 939 00:55:21,443 --> 00:55:24,060 And she needs everyone to know how smart she is. 940 00:55:26,949 --> 00:55:29,282 Do you want Mom to stop being smart? 941 00:55:30,536 --> 00:55:33,825 I want her to stop rubbing it in everyone's face all the time. 942 00:55:40,754 --> 00:55:44,873 Grandma Celia died when Mom was about your age. 943 00:55:46,134 --> 00:55:47,921 But up until her dying breath, 944 00:55:48,428 --> 00:55:52,138 they would read together, debate ideas together. 945 00:55:53,851 --> 00:55:57,390 And she taught your mom to question everything. 946 00:55:58,522 --> 00:56:01,139 She's not trying to bully you, Jane. 947 00:56:01,483 --> 00:56:03,975 She just doesn't want you to feel small. 948 00:56:05,028 --> 00:56:09,193 She wants to give you what her mom taught her. 949 00:56:11,535 --> 00:56:12,821 That's how she 950 00:56:14,621 --> 00:56:15,953 shows her heart. 951 00:56:16,832 --> 00:56:17,913 Hmm? 952 00:56:23,005 --> 00:56:24,997 (TYPEWRITER CLACKING) 953 00:56:37,436 --> 00:56:38,517 Is she okay? 954 00:56:40,105 --> 00:56:41,141 She'll be fine. 955 00:56:52,492 --> 00:56:55,485 This is stupid. You're the one who said I'm supposed to be in school. 956 00:56:55,829 --> 00:56:58,162 If you're gonna write about great American lawyers, 957 00:56:58,248 --> 00:56:59,489 you may as well meet one. 958 00:57:10,761 --> 00:57:12,502 (KEYS JINGLING) 959 00:57:14,181 --> 00:57:15,467 You ladies look lost. 960 00:57:18,560 --> 00:57:19,676 Well, spit it out. 961 00:57:20,687 --> 00:57:22,849 Miss Kenyon, we're here to see you. 962 00:57:23,607 --> 00:57:24,893 I tried to make an appointment... 963 00:57:24,983 --> 00:57:26,975 Well, here I am. I don't have all day. 964 00:57:27,903 --> 00:57:30,190 It's about Gwendolyn Hoyt. 965 00:57:30,989 --> 00:57:32,446 In that case, I've no interest 966 00:57:32,532 --> 00:57:33,772 in talking to either one of you. 967 00:57:33,825 --> 00:57:35,691 I'm arguing a case. 968 00:57:35,786 --> 00:57:38,494 Sex discrimination violates the equal protection principle. 969 00:57:38,580 --> 00:57:42,119 Equal protection was coined to grant equality to the negro. 970 00:57:42,334 --> 00:57:44,792 A task at which it has dismally failed. 971 00:57:44,878 --> 00:57:46,870 What makes you think women would fare any better? 972 00:57:46,964 --> 00:57:48,125 Please, if we could just talk. 973 00:57:48,215 --> 00:57:50,673 You wanna know how I blew it. Is that it? 974 00:57:51,051 --> 00:57:52,337 What I'd do differently? 975 00:57:52,594 --> 00:57:54,586 Why? You think you can change the country? 976 00:57:55,472 --> 00:57:57,088 You should look to her generation. 977 00:57:57,391 --> 00:57:58,723 They're taking to the streets. 978 00:57:58,809 --> 00:58:02,098 Demanding change. Like we did when we fought for the vote. 979 00:58:02,437 --> 00:58:04,349 Our mistake was thinking we had won. 980 00:58:04,856 --> 00:58:06,313 We started asking please, 981 00:58:06,817 --> 00:58:10,231 as if civil rights were sweets to be handed out by judges. 982 00:58:10,320 --> 00:58:11,606 Protests are important. 983 00:58:11,697 --> 00:58:14,735 But changing the culture means nothing if the law doesn't change. 984 00:58:15,409 --> 00:58:17,196 As a lawyer, you must believe that. 985 00:58:18,036 --> 00:58:19,072 Let me guess. 986 00:58:20,414 --> 00:58:22,121 You're a professor, aren't you? 987 00:58:22,833 --> 00:58:23,949 (CHUCKLING) Yeah. 988 00:58:24,042 --> 00:58:26,034 Ton of knowledge and no smarts. 989 00:58:26,128 --> 00:58:28,415 - Mom, we should go. - You want advice? 990 00:58:28,630 --> 00:58:29,791 Here it is. 991 00:58:29,881 --> 00:58:32,749 Tell your client she won't find equality in a courtroom. 992 00:58:32,843 --> 00:58:35,256 My client's name is Charles Moritz. 993 00:58:35,429 --> 00:58:36,510 That's cute. 994 00:58:37,055 --> 00:58:40,423 He hired a nurse to take care of his mother, but 995 00:58:41,059 --> 00:58:43,893 he was denied a caregiver deduction on his taxes. 996 00:58:44,521 --> 00:58:45,853 He's never been married. 997 00:58:46,898 --> 00:58:49,857 You found a bachelor taking care of his mother at home. 998 00:58:53,238 --> 00:58:54,854 The judges will be repulsed by him. 999 00:58:55,657 --> 00:58:57,319 Feeling anything is a start. 1000 00:58:59,995 --> 00:59:01,486 What did you say your name was? 1001 00:59:02,539 --> 00:59:04,246 Ruth Bader Ginsburg. 1002 00:59:06,001 --> 00:59:09,119 Well, sorry, Professor Ginsburg. 1003 00:59:09,921 --> 00:59:11,503 Maybe someday. 1004 00:59:11,590 --> 00:59:13,126 But the country isn't ready. 1005 00:59:14,134 --> 00:59:16,421 Change minds first, 1006 00:59:16,511 --> 00:59:17,752 then change the law. 1007 00:59:18,930 --> 00:59:22,014 If you'll excuse me, the mayor has decided to rename the neighborhood. 1008 00:59:22,100 --> 00:59:25,093 So now a developer is kicking 30 families out of a building 1009 00:59:25,187 --> 00:59:27,053 he abandoned 10 years ago. 1010 00:59:28,356 --> 00:59:31,394 SoHo. Who ever heard of such a ridiculous thing. 1011 00:59:31,485 --> 00:59:33,192 (THUNDER RUMBLING) 1012 00:59:33,278 --> 00:59:36,567 JANE: I know she's your personal hero and all, but she's kind of a bitch. 1013 00:59:36,656 --> 00:59:38,272 RUTH: No, she's formidable. 1014 00:59:38,366 --> 00:59:40,483 Dorothy Kenyon has been fighting for women's rights 1015 00:59:40,577 --> 00:59:43,820 and civil rights and labor rights her entire career. 1016 00:59:44,122 --> 00:59:47,957 She didn't always win, but she made damn sure she was taken seriously. 1017 00:59:48,085 --> 00:59:51,005 - She didn't help you. What are you going to do now? - (MAN WOLF WHISTLES) 1018 00:59:51,046 --> 00:59:53,834 It's the right cause. It's the right client. 1019 00:59:54,466 --> 00:59:57,254 But women have been losing this same argument for over a century. 1020 00:59:58,553 --> 01:00:02,092 Well, just because you lost 100 years before you started 1021 01:00:02,182 --> 01:00:03,764 is no reason not to try to win. 1022 01:00:06,561 --> 01:00:08,177 Jane, that was very wise. 1023 01:00:09,898 --> 01:00:11,264 You know who said it first? 1024 01:00:13,568 --> 01:00:14,729 Atticus Finch. 1025 01:00:15,612 --> 01:00:17,820 (LOUD CLATTERING) 1026 01:00:20,158 --> 01:00:21,158 Quick! 1027 01:00:21,493 --> 01:00:22,859 (MAN WOLF WHISTLES) 1028 01:00:22,953 --> 01:00:24,694 Hey, looking good, ladies! 1029 01:00:24,830 --> 01:00:26,366 - (MAN LAUGHS) - Just ignore them. 1030 01:00:26,748 --> 01:00:28,785 Hey, we'll keep you warm if you're getting wet! 1031 01:00:30,127 --> 01:00:31,584 Oh, yeah? Real nice! 1032 01:00:32,170 --> 01:00:34,412 You kiss your mother with that mouth, asshole? 1033 01:00:34,506 --> 01:00:35,997 Whoa, whoa! 1034 01:00:36,091 --> 01:00:38,128 Mom, you can't let boys talk to you like that. 1035 01:00:38,969 --> 01:00:40,085 Taxi! 1036 01:00:46,101 --> 01:00:47,262 Mom, come on! 1037 01:00:47,811 --> 01:00:48,927 You're getting soaked. 1038 01:00:49,604 --> 01:00:50,720 Look at you, Jane. 1039 01:00:51,773 --> 01:00:55,016 You're a liberated, fearless young woman. 1040 01:00:55,485 --> 01:00:57,805 Twenty years ago, you couldn't have been who you are today. 1041 01:00:58,488 --> 01:01:00,150 Dorothy Kenyon's wrong. 1042 01:01:00,991 --> 01:01:03,074 - The times have already changed. - (HORN HONKS) 1043 01:01:03,160 --> 01:01:05,400 - DRIVER: You coming or what? - Yeah, yeah, we're coming. 1044 01:01:08,081 --> 01:01:10,001 RUTH: It's what Professor Freund said at Harvard. 1045 01:01:10,542 --> 01:01:13,455 "A court ought not be affected by the weather of the day, 1046 01:01:13,545 --> 01:01:15,377 "but will be by the climate of the era." 1047 01:01:15,839 --> 01:01:18,377 Okay, so we're not going back and re-fighting old cases? 1048 01:01:18,466 --> 01:01:21,959 No, we're arguing that the precedents should no longer apply. 1049 01:01:22,220 --> 01:01:24,907 Right. But Ruth, Freund was talking about Brown v. the Board of Education. 1050 01:01:24,931 --> 01:01:26,342 That's a once in a generation case. 1051 01:01:26,433 --> 01:01:27,924 Yeah, and we're the next generation. 1052 01:01:38,320 --> 01:01:40,687 RUTH: Equal protection applies to all persons. 1053 01:01:40,780 --> 01:01:43,648 A class in which men and women share full membership. 1054 01:01:43,742 --> 01:01:46,450 A divorced man counts the same as a widower. 1055 01:01:46,536 --> 01:01:48,869 You're saying that this guy could have married his nurse, 1056 01:01:48,955 --> 01:01:50,162 got divorced the next day, 1057 01:01:50,248 --> 01:01:52,101 and then he'd be eligible for the tax deduction? 1058 01:01:52,125 --> 01:01:53,332 That's totally nuts. 1059 01:01:53,627 --> 01:01:57,120 All right. Our client is a man. We cannot lose sight of that, 1060 01:01:57,214 --> 01:02:00,423 because men are also harmed by the stereotype. 1061 01:02:00,508 --> 01:02:03,000 That little boys are told they can't be nurses. 1062 01:02:03,094 --> 01:02:04,255 They can't be teachers. 1063 01:02:04,346 --> 01:02:06,906 - They can't be secretaries. - Or cook dinner for their families. 1064 01:02:07,182 --> 01:02:09,048 Exactly. We're counting on you, too. 1065 01:02:09,142 --> 01:02:13,762 Wholly irrational distinction between single sons and daughters. 1066 01:02:14,231 --> 01:02:15,231 (TYPEWRITER DINGS) 1067 01:02:15,315 --> 01:02:17,432 RUTH: Any taxpayer may have an invalid parent... 1068 01:02:17,525 --> 01:02:19,587 MARTIN:...may have an ailing parent. Even an unmarried man. 1069 01:02:19,611 --> 01:02:22,024 RUTH:...unalterable biological traits of birth 1070 01:02:22,113 --> 01:02:23,174 over which the individual has no... 1071 01:02:23,198 --> 01:02:24,759 MARTIN: The principle of American democracy 1072 01:02:24,783 --> 01:02:26,052 should apply to men and women equally. 1073 01:02:26,076 --> 01:02:29,820 RUTH:...arbitrary and unequal treatment described by the Constitution. 1074 01:02:29,913 --> 01:02:32,633 MARTIN: The law shouldn't reward or penalize taxpayers for their sex. 1075 01:02:44,886 --> 01:02:49,677 Section 214 draws a line solely on the basis of sex. 1076 01:02:52,811 --> 01:02:54,018 (DINGS) 1077 01:03:02,779 --> 01:03:05,692 Professor Ginsburg, I finished typing the brief. 1078 01:03:05,782 --> 01:03:07,023 (GASPS) 1079 01:03:07,117 --> 01:03:08,904 You're a saint, Millicent. 1080 01:03:10,787 --> 01:03:12,369 May I make an observation? 1081 01:03:13,415 --> 01:03:14,415 It's just... 1082 01:03:15,208 --> 01:03:19,043 When I was typing it up, jumping out all over the brief was... 1083 01:03:19,879 --> 01:03:20,915 Well... 1084 01:03:21,798 --> 01:03:22,834 "Sex." 1085 01:03:23,258 --> 01:03:26,217 - Sex, sex, sex, sex, sex, sex, sex. - Oh! (LAUGHS) 1086 01:03:26,636 --> 01:03:29,549 - Oh. - It reeks of hormones and backseats. 1087 01:03:29,639 --> 01:03:31,801 And you know how men are. 1088 01:03:33,768 --> 01:03:35,680 Maybe you should try a less distracting word. 1089 01:03:36,521 --> 01:03:38,763 Maybe "gender." 1090 01:03:42,444 --> 01:03:44,686 - You realize that means... - That's no problem. 1091 01:03:45,280 --> 01:03:46,737 I'm happy to type it again. 1092 01:03:47,699 --> 01:03:48,735 Thanks. 1093 01:03:49,951 --> 01:03:51,533 MEL: Guessing doesn't do us any good. 1094 01:03:51,619 --> 01:03:54,099 I need to know how many people were turned away from the polls. 1095 01:03:54,164 --> 01:03:56,004 Yeah, the affiliate still hasn't sent the list. 1096 01:03:56,666 --> 01:04:00,205 Then call Brian Tanner. Remind him that we're on the same team. 1097 01:04:00,295 --> 01:04:01,772 Tell him if he doesn't start acting like it, 1098 01:04:01,796 --> 01:04:04,436 I'm gonna fly to Wisconsin and personally rip his throat out myself. 1099 01:04:06,051 --> 01:04:09,840 Melvin. Didn't your mother ever teach you to clean your room? 1100 01:04:12,390 --> 01:04:13,426 Miss Kenyon. 1101 01:04:15,185 --> 01:04:17,142 Time for your annual dusting off already? 1102 01:04:17,228 --> 01:04:18,435 (BOTH CHUCKLE) 1103 01:04:19,522 --> 01:04:23,232 In 1776, Abigail Adams wrote her husband a letter. 1104 01:04:24,027 --> 01:04:26,861 "As you write this new constitution," she said, 1105 01:04:27,405 --> 01:04:28,612 "remember the ladies." 1106 01:04:29,115 --> 01:04:31,027 You know what that bastard went ahead and did? 1107 01:04:31,117 --> 01:04:32,153 Well, I can guess. 1108 01:04:40,377 --> 01:04:42,835 Idaho Statesman. You need a hobby. 1109 01:04:43,671 --> 01:04:47,585 These poor people. Sally and Cecil Reed. Divorced. 1110 01:04:48,093 --> 01:04:49,800 Their son committed suicide. 1111 01:04:49,886 --> 01:04:52,048 Both parents want to administer his estate. 1112 01:04:52,764 --> 01:04:54,255 In Idaho, the law says 1113 01:04:54,349 --> 01:04:58,263 in this situation males must be preferred to females. 1114 01:04:58,728 --> 01:05:01,846 Why? 'Cause men are better at math. 1115 01:05:02,774 --> 01:05:04,766 And the Idaho Supreme Court 1116 01:05:04,859 --> 01:05:07,192 just said that is perfectly legal. 1117 01:05:07,278 --> 01:05:10,396 Dorothy, I got student protesters in jail in California. 1118 01:05:10,490 --> 01:05:12,927 I got schools in Mississippi that still refuse to desegregate. I... 1119 01:05:12,951 --> 01:05:14,032 You're a sissy. 1120 01:05:14,411 --> 01:05:17,700 The Board threatened to can you because you stood up for draft dodgers. 1121 01:05:17,789 --> 01:05:19,767 And you've had your tail between your legs ever since. 1122 01:05:19,791 --> 01:05:20,872 (STAMMERS) That is not... 1123 01:05:22,168 --> 01:05:24,581 We don't have the resources to take this on. 1124 01:05:24,671 --> 01:05:26,958 I've seen you stand up to the might of government 1125 01:05:27,048 --> 01:05:29,882 with sling and stone for what you know to be right. 1126 01:05:29,968 --> 01:05:31,584 And kid, I loved you for it. 1127 01:05:32,303 --> 01:05:33,885 They're not gonna fire you, Mel. 1128 01:05:34,264 --> 01:05:35,784 The Board's a bunch of tired old fools. 1129 01:05:35,849 --> 01:05:37,465 They don't have the nerve to do it. 1130 01:05:38,601 --> 01:05:40,593 (SIGHS) I should know. I'm one of 'em. 1131 01:05:44,983 --> 01:05:47,066 John Adams forgot the ladies. 1132 01:05:48,278 --> 01:05:51,021 And it's time the ACLU got back in the fight. 1133 01:05:54,325 --> 01:05:56,112 - Okay. - Good. 1134 01:05:56,202 --> 01:05:57,568 Now, here's where you start. 1135 01:05:57,996 --> 01:05:59,953 It's a case headed to the Tenth Circuit. 1136 01:06:00,039 --> 01:06:01,405 It's a professor out of Rutgers. 1137 01:06:02,000 --> 01:06:03,161 Smart cookie. 1138 01:06:06,045 --> 01:06:07,581 (CHUCKLES SOFTLY) Ruth. 1139 01:06:08,381 --> 01:06:10,839 But nowhere does the Constitution say 1140 01:06:10,925 --> 01:06:13,759 the federal government must treat people equally. 1141 01:06:15,138 --> 01:06:17,926 What do the courts say about that, Mrs. Parker? 1142 01:06:18,850 --> 01:06:21,308 That the due process clause implies 1143 01:06:21,394 --> 01:06:24,011 that equal protection applies to the federal government as well. 1144 01:06:24,355 --> 01:06:26,938 Can you cite the case? MEL: Bolling v. Sharpe. 1145 01:06:28,276 --> 01:06:29,983 347 U.S. 497. 1146 01:06:30,653 --> 01:06:34,021 Decided in conjunction with Brown v. Board of Education, 1954. 1147 01:06:34,491 --> 01:06:37,108 Bolling desegregated all Washington, D.C.'s public schools. 1148 01:06:37,619 --> 01:06:40,077 Chief Justice Warren, writing for the court. 1149 01:06:42,665 --> 01:06:44,201 How about it, teach? Do I get an A? 1150 01:06:44,792 --> 01:06:46,203 (MEL CHUCKLES) 1151 01:06:48,129 --> 01:06:50,746 Well played, sending that newspaper and the brief to Kenyon. 1152 01:06:52,592 --> 01:06:54,083 I thought she might have advice. 1153 01:06:55,345 --> 01:06:57,428 Cut the shit. Don't ever do that to me again. 1154 01:06:57,514 --> 01:06:58,714 What do you think of the brief? 1155 01:07:00,683 --> 01:07:03,926 It's a compelling argument. Brilliantly reasoned. 1156 01:07:04,103 --> 01:07:06,220 More women than ever are working now. And why not? 1157 01:07:06,314 --> 01:07:08,852 We have preschools. We have washing machines. 1158 01:07:08,942 --> 01:07:10,942 - Cheap contraceptives. - Yeah, times have changed. 1159 01:07:11,528 --> 01:07:12,985 There's a glaring problem, though. 1160 01:07:14,113 --> 01:07:16,355 In the unlikely event that you actually win this thing, 1161 01:07:17,033 --> 01:07:18,240 what's the remedy? 1162 01:07:18,952 --> 01:07:21,444 The court takes away the caregiver deduction for everybody, 1163 01:07:21,538 --> 01:07:22,904 including working mothers? 1164 01:07:22,997 --> 01:07:25,159 - Then you've done more harm than good. - No. 1165 01:07:25,250 --> 01:07:26,957 Do you remember Justice Harlan's opinion 1166 01:07:27,043 --> 01:07:29,285 last June in Welsh v. United States? 1167 01:07:30,421 --> 01:07:31,421 Yeah. 1168 01:07:32,423 --> 01:07:34,068 He said laws could be extended when doing so 1169 01:07:34,092 --> 01:07:36,737 would be closer to the legislature's intent than overturning would be. 1170 01:07:36,761 --> 01:07:38,673 We're adding one more section to the brief, 1171 01:07:39,430 --> 01:07:41,467 urging the court to extend the law 1172 01:07:42,100 --> 01:07:44,717 to include Charlie as well as everyone else. 1173 01:07:47,188 --> 01:07:48,269 All right. 1174 01:07:49,732 --> 01:07:52,224 The ACLU is prepared to put their name on your brief. 1175 01:07:53,695 --> 01:07:55,778 - We appreciate your support. - Stop. 1176 01:07:56,281 --> 01:07:58,842 I still say I'd rather be a woman in this country than a black man, 1177 01:07:58,866 --> 01:08:02,109 or a Socialist or a religious minority. 1178 01:08:03,788 --> 01:08:06,496 Now, let's talk about you taking on Reed v. Reed. 1179 01:08:06,583 --> 01:08:07,915 Oh, stop. No. 1180 01:08:08,418 --> 01:08:11,286 All men in Idaho are better at math? 1181 01:08:11,379 --> 01:08:13,792 Ruth, I gave you one case. That's all you get. 1182 01:08:13,881 --> 01:08:17,045 The Moritz argument works just as well for a female client. 1183 01:08:18,094 --> 01:08:20,381 And Reed's a state Supreme Court case 1184 01:08:20,471 --> 01:08:23,464 which means the U.S. Supreme Court must hear the appeal. 1185 01:08:23,558 --> 01:08:25,891 I told you, I don't want another 50-year battle. 1186 01:08:27,186 --> 01:08:29,178 Call Sally Reed's lawyer, Mel. 1187 01:08:29,272 --> 01:08:31,764 If I were you, I would worry about my own case. 1188 01:08:32,066 --> 01:08:35,087 And I expect to see your remedy arguments before they go to the Tenth Circuit. 1189 01:08:35,111 --> 01:08:37,569 And I want to be there when you practice your oral arguments. 1190 01:08:38,740 --> 01:08:39,981 We're doing a moot court. 1191 01:08:41,200 --> 01:08:43,613 No. It's non-negotiable. 1192 01:08:45,163 --> 01:08:46,199 When? 1193 01:08:47,040 --> 01:08:48,960 As soon as we get the government's response brief. 1194 01:08:51,169 --> 01:08:53,089 BOZARTH: Where did these people go to law school? 1195 01:08:54,672 --> 01:08:57,460 You can't make a constitutional challenge to the tax laws, can you? 1196 01:08:57,925 --> 01:09:00,042 And who's ever heard of gender discrimination? 1197 01:09:00,136 --> 01:09:01,136 It's a stretch. 1198 01:09:01,220 --> 01:09:03,340 These folks are running at hell with a bucket of water. 1199 01:09:03,431 --> 01:09:05,013 Case law's filled with challenges 1200 01:09:05,099 --> 01:09:06,260 that could not be made 1201 01:09:06,976 --> 01:09:08,183 till they were. 1202 01:09:08,978 --> 01:09:11,140 I'm putting Murphy on writing our response brief. 1203 01:09:11,230 --> 01:09:14,268 - With due respect, Mr. Brown... - It's not personal, Bozarth. 1204 01:09:14,359 --> 01:09:17,443 But if we're not careful, this appeal could cast 1205 01:09:18,029 --> 01:09:20,863 a cloud of unconstitutionality over every federal law 1206 01:09:20,948 --> 01:09:22,860 that differentiates between men and women. 1207 01:09:23,910 --> 01:09:26,448 I need someone more seasoned on this. 1208 01:09:28,039 --> 01:09:29,879 Could you get me the Solicitor General, please? 1209 01:09:30,124 --> 01:09:32,241 I pulled the file. I deserve the chance. 1210 01:09:32,502 --> 01:09:33,913 Murphy's a weak sister. 1211 01:09:34,629 --> 01:09:36,586 I know how to win this case, sir. 1212 01:09:37,423 --> 01:09:39,005 Better than Murphy. Better than anyone. 1213 01:09:40,218 --> 01:09:41,754 You need me on this appeal. 1214 01:09:42,470 --> 01:09:43,631 This is Brown. 1215 01:09:45,264 --> 01:09:46,380 I need to see him. 1216 01:09:50,019 --> 01:09:51,976 Okay. Tell me. 1217 01:09:53,022 --> 01:09:55,264 Gender equality is a civil right? 1218 01:09:55,358 --> 01:09:58,146 When everyone's aggrieved and everyone's a victim. 1219 01:09:58,236 --> 01:09:59,693 It's what the ACLU does. 1220 01:09:59,779 --> 01:10:03,113 Divide the country into smaller and smaller subgroups. 1221 01:10:03,241 --> 01:10:06,154 Ginsburg. Cancer, right? PROFESSOR BROWN: Mmm-hmm. 1222 01:10:06,244 --> 01:10:09,032 - And the wife, very demanding. - But smart. 1223 01:10:10,206 --> 01:10:11,367 Ten years. 1224 01:10:12,083 --> 01:10:15,326 Ten years I fought to enroll women at Harvard Law. 1225 01:10:16,796 --> 01:10:19,789 The faculty, the university, my wife warned me against it. 1226 01:10:20,133 --> 01:10:23,217 Now I'm Solicitor General, it comes back to haunt me. 1227 01:10:23,636 --> 01:10:25,798 PROFESSOR BROWN: Erwin, we could settle. 1228 01:10:26,514 --> 01:10:28,847 Martin Ginsburg was one of my best students. 1229 01:10:28,933 --> 01:10:30,049 A practical young man. 1230 01:10:30,143 --> 01:10:33,181 We can call him and tell him we'll give the man his money. 1231 01:10:33,271 --> 01:10:34,352 Go our separate ways. 1232 01:10:34,439 --> 01:10:35,850 No. No. 1233 01:10:36,399 --> 01:10:38,391 We settle now, it's open season. 1234 01:10:38,943 --> 01:10:42,983 Let's put this idea of gender discrimination to bed once and for all. 1235 01:10:43,740 --> 01:10:45,356 They handed us a winnable case. 1236 01:10:45,700 --> 01:10:46,816 And we'll win it. 1237 01:10:48,703 --> 01:10:49,864 You think he's up to it? 1238 01:10:50,496 --> 01:10:52,658 Oh, Mr. Bozarth is a fine litigator. 1239 01:10:52,749 --> 01:10:55,457 - Tell him your idea. - We list the laws. 1240 01:10:56,502 --> 01:10:58,243 - What laws? - All of 'em. 1241 01:11:00,173 --> 01:11:02,460 Every federal law that treats men and women differently. 1242 01:11:02,550 --> 01:11:03,666 We show the court exactly 1243 01:11:03,760 --> 01:11:05,680 what can of worms these folks are trying to open. 1244 01:11:05,762 --> 01:11:06,798 (SCOFFS) Son... 1245 01:11:06,888 --> 01:11:11,508 The last anyone checked, the U.S. Code was 20,000 pages long. 1246 01:11:11,601 --> 01:11:14,685 - Who's gonna read it? You? - I can get it done, sir. 1247 01:11:15,772 --> 01:11:17,104 I just need an introduction. 1248 01:11:18,483 --> 01:11:20,600 - To whom? - The Secretary of Defense. 1249 01:11:28,075 --> 01:11:30,067 (INDISTINCT ANNOUNCEMENT ON PA) 1250 01:11:45,176 --> 01:11:47,776 PROFESSOR BROWN: These computers will find what we're looking for? 1251 01:11:47,804 --> 01:11:49,796 Yes, sir. In just a few days. 1252 01:11:50,223 --> 01:11:53,842 Without any human beings actually reading the laws. 1253 01:11:57,688 --> 01:11:59,475 What a horrifying age. 1254 01:12:00,358 --> 01:12:01,769 (INDISTINCT CHATTER) 1255 01:12:02,985 --> 01:12:04,192 COURIER: Ruth Bader Ginsburg? 1256 01:12:05,279 --> 01:12:06,895 Delivery from the Department of Justice. 1257 01:12:07,740 --> 01:12:08,821 Oh. 1258 01:12:08,908 --> 01:12:10,774 JANE: Could someone pass me Title 33? 1259 01:12:11,536 --> 01:12:12,536 ROEMER: Get this. 1260 01:12:12,620 --> 01:12:16,614 There's a law that we're not allowed to fly military cargo planes. 1261 01:12:17,333 --> 01:12:19,620 It says here that we're not allowed to work in mines. 1262 01:12:19,710 --> 01:12:21,042 Why would you want to? 1263 01:12:21,128 --> 01:12:23,165 Well, that's not the point. We should be allowed. 1264 01:12:24,382 --> 01:12:26,294 You really think you can change all those laws? 1265 01:12:26,551 --> 01:12:29,589 - MARTIN: Kiki! Curtain's up in 45 minutes. - That's the plan. 1266 01:12:29,804 --> 01:12:32,604 Might be a novel experience to get there before it starts for a change. 1267 01:12:33,182 --> 01:12:36,516 Please tell me that you are dressed. 1268 01:12:37,311 --> 01:12:40,349 - Hi. What are you doing? - The government's brief came. 1269 01:12:41,691 --> 01:12:44,308 And look who else is on it. 1270 01:12:47,738 --> 01:12:50,606 I knew Griswold was trying to get Brown over to the DOJ. 1271 01:12:51,325 --> 01:12:52,611 It looks like that worked. 1272 01:12:52,785 --> 01:12:55,027 - How's it look? - Check out Appendix E. 1273 01:12:56,330 --> 01:12:59,289 It's every federal law that discriminates on the basis of sex. 1274 01:12:59,375 --> 01:13:02,209 We're looking them all up. There must be hundreds. 1275 01:13:04,505 --> 01:13:05,962 Good God! 1276 01:13:06,048 --> 01:13:07,129 RUTH: Hmm. 1277 01:13:07,550 --> 01:13:10,088 PROFESSOR BROWN: You're convinced Daugherty will see it our way? 1278 01:13:11,137 --> 01:13:14,130 Well, based on reading all of his opinions, yes. 1279 01:13:14,223 --> 01:13:15,509 And so will Holloway. 1280 01:13:17,310 --> 01:13:20,303 But the final judge, Doyle... 1281 01:13:21,647 --> 01:13:23,559 Well, he's gonna be a tougher nut to crack. 1282 01:13:23,649 --> 01:13:24,810 ERWIN: That's unacceptable. 1283 01:13:24,901 --> 01:13:27,985 We need a unanimous decision out of the Tenth Circuit, James. 1284 01:13:28,070 --> 01:13:30,733 We don't want so-called gender discrimination 1285 01:13:30,823 --> 01:13:32,564 finding its way to the Supreme Court. 1286 01:13:32,658 --> 01:13:34,069 Yes, sir. I understand that. 1287 01:13:34,160 --> 01:13:35,992 What makes this judge so difficult? 1288 01:13:36,245 --> 01:13:38,658 Well, ma'am, he's a civil rights crusader. 1289 01:13:39,165 --> 01:13:43,705 Two years ago, he ordered Denver to start bussing black students to white schools. 1290 01:13:43,794 --> 01:13:47,458 There were protests, arson, demands for him to quit the bench. 1291 01:13:47,548 --> 01:13:50,165 But even after someone threw a bomb at his house, 1292 01:13:50,676 --> 01:13:51,883 Doyle wouldn't budge. 1293 01:13:51,969 --> 01:13:54,336 ERWIN: In that case, he was enforcing the law. 1294 01:13:54,430 --> 01:13:57,218 The Ginsburgs are asking him to make law. 1295 01:13:57,767 --> 01:13:59,679 We need to drive home the difference. 1296 01:13:59,769 --> 01:14:03,854 Paint the judges a picture of the America that will exist 1297 01:14:04,190 --> 01:14:05,726 if they rule the wrong way. 1298 01:14:05,816 --> 01:14:09,526 Children running home from school to find no one's there. 1299 01:14:10,029 --> 01:14:11,486 Mommy's at the office 1300 01:14:11,572 --> 01:14:12,983 or on a factory floor. 1301 01:14:13,074 --> 01:14:16,909 A man and a woman vie for the same job, she can work for less. 1302 01:14:17,912 --> 01:14:21,201 What is a man without a paycheck to take care of his family? 1303 01:14:21,290 --> 01:14:22,935 PROFESSOR BROWN: What woman would want him? 1304 01:14:22,959 --> 01:14:26,123 Wages would go down. Divorce rates would soar. 1305 01:14:26,212 --> 01:14:29,171 The very fabric of our society would begin to unravel. 1306 01:14:29,256 --> 01:14:31,122 Exactly. The other side wants this to be 1307 01:14:31,217 --> 01:14:34,005 about the equal protection principle. 1308 01:14:34,095 --> 01:14:36,257 The judges are deciding what kind of country, 1309 01:14:36,347 --> 01:14:37,838 what kind of society 1310 01:14:37,932 --> 01:14:40,265 they want their children and grandchildren to grow up in. 1311 01:14:40,351 --> 01:14:43,059 You make sure the court sees 1312 01:14:43,145 --> 01:14:44,511 what's at stake 1313 01:14:44,605 --> 01:14:46,597 is the American family. 1314 01:14:48,109 --> 01:14:49,941 JAMES: Whoa! Cool! 1315 01:14:51,570 --> 01:14:52,731 (DOORBELL RINGS) 1316 01:14:53,656 --> 01:14:55,898 Mom, can I be on the jury? 1317 01:14:55,992 --> 01:14:58,405 No, there is no jury in federal appeals court. 1318 01:14:58,494 --> 01:15:01,783 No witnesses, no evidence, just you and the judges. 1319 01:15:03,457 --> 01:15:04,914 - Gerry! - Hello. 1320 01:15:05,001 --> 01:15:06,492 - Hello. - (CHUCKLING) How are you? 1321 01:15:06,585 --> 01:15:08,497 - You remember Jane? - Hi. 1322 01:15:08,587 --> 01:15:11,375 Jane, my old professor, Gerald Gunther. 1323 01:15:11,465 --> 01:15:12,626 JANE: Come on in. 1324 01:15:13,718 --> 01:15:16,210 Look at you. All grown up! 1325 01:15:18,014 --> 01:15:20,256 - Hello, James. - Hi. 1326 01:15:20,349 --> 01:15:22,136 What do you think of our courtroom? 1327 01:15:22,476 --> 01:15:25,765 Ah, well, all that's missing is Justice holding her scales. 1328 01:15:26,147 --> 01:15:29,811 So, who did Mel find to be the third judge? 1329 01:15:29,900 --> 01:15:31,107 Pauli Murray. 1330 01:15:31,235 --> 01:15:33,714 - So he's not making it easy for you, huh? - Who's Pauli Murray? 1331 01:15:33,738 --> 01:15:36,321 Thurgood Marshall himself called Pauli's writings 1332 01:15:36,407 --> 01:15:38,364 the Bible of the civil rights movement. 1333 01:15:38,451 --> 01:15:40,488 Gerry, I come bearing your gavel. 1334 01:15:41,037 --> 01:15:42,244 (CHUCKLES) 1335 01:15:42,705 --> 01:15:44,162 (GAVEL TAPPING) 1336 01:15:45,332 --> 01:15:48,325 GERALD: Counsel for the appellant, you may proceed. 1337 01:15:48,419 --> 01:15:49,500 (GAVEL TAPPING) 1338 01:15:49,587 --> 01:15:50,873 Again. 1339 01:15:51,630 --> 01:15:52,630 Your Honors, 1340 01:15:52,715 --> 01:15:53,956 and may it please the court. 1341 01:15:54,341 --> 01:15:56,879 Section 214 of the Tax Code 1342 01:15:56,969 --> 01:16:00,212 covers employed single women who care for their dependents. 1343 01:16:00,306 --> 01:16:05,222 But excludes Charles Moritz, a bachelor providing the same care. 1344 01:16:05,311 --> 01:16:08,645 My wife stays home to raise our children. 1345 01:16:08,773 --> 01:16:11,140 - Are you saying she's oppressed? - No, Judge. 1346 01:16:11,275 --> 01:16:13,983 - But as a man, you may not... - No, no, no. Stop. Stop. Stop. 1347 01:16:14,070 --> 01:16:15,436 Never make it about the judge. 1348 01:16:15,613 --> 01:16:18,151 (CHUCKLES) You don't think the judge knows he's a man? 1349 01:16:18,240 --> 01:16:20,385 No. I don't want to put him on the defensive about it, though. 1350 01:16:20,409 --> 01:16:22,321 In Brown, we put it out there without apology. 1351 01:16:22,411 --> 01:16:23,947 This is wrong. 1352 01:16:24,038 --> 01:16:27,452 Yeah, no offense. But Ruth doesn't exactly have Thurgood Marshall's, uh... 1353 01:16:29,668 --> 01:16:31,751 - Balls? - Gravitas. 1354 01:16:32,088 --> 01:16:33,624 Should I... Should I start again? 1355 01:16:33,714 --> 01:16:35,376 Unless you think you won the case already. 1356 01:16:36,300 --> 01:16:38,070 - GERALD: Whenever you're ready. - (CLEARS THROAT) 1357 01:16:38,094 --> 01:16:39,694 Your Honors, and may it please the court. 1358 01:16:39,762 --> 01:16:41,424 Section 214 of the Tax Code 1359 01:16:41,597 --> 01:16:44,180 covers employed single women who care for their dependents. 1360 01:16:44,266 --> 01:16:48,681 But excludes Charles Moritz, a bachelor providing the same care. 1361 01:16:48,979 --> 01:16:51,642 There is no rational basis... 1362 01:16:51,732 --> 01:16:53,189 GERALD: Why is it not rational? 1363 01:16:53,484 --> 01:16:55,942 Men go out. Women stay home. 1364 01:16:56,028 --> 01:16:58,028 It's been the way of things for thousands of years. 1365 01:16:58,072 --> 01:17:00,155 Historical justification was also used 1366 01:17:00,241 --> 01:17:03,279 to legitimize the separation of the races. 1367 01:17:03,369 --> 01:17:05,281 - Now, classification can be... - Are you saying 1368 01:17:05,371 --> 01:17:07,033 race and gender are the same? 1369 01:17:09,500 --> 01:17:10,536 (STAMMERS) 1370 01:17:10,626 --> 01:17:15,246 Both are unalterable biological traits. 1371 01:17:15,339 --> 01:17:19,583 This nation struggles to give blacks fair representation throughout society. 1372 01:17:20,094 --> 01:17:23,963 And you're saying tha if we decide in your client's favor, 1373 01:17:24,056 --> 01:17:27,174 we're committing ourselves to moving towards half of our, I don't know, 1374 01:17:27,268 --> 01:17:30,887 firemen being women? Half our nurses being men? 1375 01:17:30,980 --> 01:17:32,437 But why shouldn't men be nurses? 1376 01:17:32,565 --> 01:17:35,273 - And if women want to fight fires... - What about pilots? 1377 01:17:35,359 --> 01:17:36,691 Yeah, again, if women choose 1378 01:17:36,777 --> 01:17:38,234 - to take on these roles... - Judges? 1379 01:17:38,320 --> 01:17:40,403 - Why not? - CEOs? Generals? 1380 01:17:40,573 --> 01:17:42,384 What about garbage men? You want to be a garbage man? 1381 01:17:42,408 --> 01:17:44,491 And if men want to be teachers 1382 01:17:44,577 --> 01:17:45,971 - or raise children... - Oh, come on. 1383 01:17:45,995 --> 01:17:47,281 Percentages aren't the point. 1384 01:17:47,371 --> 01:17:48,515 - Wrong. - People should be able to 1385 01:17:48,539 --> 01:17:49,850 - pursue their passions. - Wrong! Wrong! 1386 01:17:49,874 --> 01:17:50,955 You're screwing it up, Ruth! 1387 01:17:51,041 --> 01:17:52,407 Have you read the appendix 1388 01:17:52,501 --> 01:17:54,104 - attached to their brief? - You're making the wrong case! 1389 01:17:54,128 --> 01:17:57,292 These are laws written by men who think we are privileged 1390 01:17:57,381 --> 01:18:00,624 to be excused from men's obligations, but it is not a privilege. 1391 01:18:00,718 --> 01:18:03,836 It is a cage and these laws are the bars! 1392 01:18:11,145 --> 01:18:12,556 So that's it? 1393 01:18:13,689 --> 01:18:15,976 You're gonna take them all on at the same time? 1394 01:18:20,029 --> 01:18:21,645 (SIGHS) 1395 01:18:21,739 --> 01:18:23,025 You asked the questions. 1396 01:18:23,115 --> 01:18:25,435 Well, it doesn't mean you have to fucking answer them, Ruth. 1397 01:18:26,202 --> 01:18:28,239 You're making the government's case for them! 1398 01:18:28,329 --> 01:18:31,697 Look, you either make this case about one man, or you lose! 1399 01:18:32,374 --> 01:18:34,769 Because to the judges, you're not talking about women in the abstract. 1400 01:18:34,793 --> 01:18:37,786 You're talking about their wives at home, 1401 01:18:37,880 --> 01:18:39,542 you know, baking briskets. 1402 01:18:39,632 --> 01:18:41,624 You braise a brisket. You don't bake it. 1403 01:18:42,801 --> 01:18:44,838 - Perhaps that's enough, Mel. - No! 1404 01:18:45,262 --> 01:18:47,049 I don't think it is, Gerry. 1405 01:18:49,058 --> 01:18:50,924 Look, when you were a kid, 1406 01:18:51,018 --> 01:18:53,510 you were pretty and you were smart as a whip, 1407 01:18:53,604 --> 01:18:55,804 but you're coming across as this bitter, unlikable shrew 1408 01:18:55,856 --> 01:18:56,976 that I don't even recognize. 1409 01:18:57,066 --> 01:18:59,649 And if that's who shows up in Denver, you will blow it. 1410 01:19:00,027 --> 01:19:02,144 And would it kill you to smile? 1411 01:19:03,447 --> 01:19:05,029 That's your advice? 1412 01:19:06,158 --> 01:19:09,026 Just ignore the judges and smile. 1413 01:19:10,412 --> 01:19:12,199 Pât�'s the best I've ever tasted. 1414 01:19:15,251 --> 01:19:16,617 You could evade. 1415 01:19:16,710 --> 01:19:18,372 Should women be firefighters? 1416 01:19:18,462 --> 01:19:20,357 "With all due respect, Your Honor, I haven't considered it 1417 01:19:20,381 --> 01:19:22,418 "because my client isn't a firefighter." 1418 01:19:22,633 --> 01:19:24,169 Or you can redirect. 1419 01:19:24,260 --> 01:19:27,344 "With respect, Judge, this case is not about firefighters. 1420 01:19:27,429 --> 01:19:28,510 "It's about taxpayers 1421 01:19:28,597 --> 01:19:31,840 "and there's nothing inherently masculine about paying taxes." 1422 01:19:32,226 --> 01:19:33,387 Crack a joke. 1423 01:19:33,477 --> 01:19:35,264 "Your Honor, anyone who's raised a child 1424 01:19:35,354 --> 01:19:36,634 "couldn't possibly be intimidated 1425 01:19:36,689 --> 01:19:37,930 "by a burning building." 1426 01:19:38,065 --> 01:19:40,145 - (CHUCKLES) - And then bring them back to your case. 1427 01:19:40,192 --> 01:19:41,979 Marty, you should do the oral arguments. 1428 01:19:43,279 --> 01:19:45,862 No, no, no. Ruth is the expert on gender law. 1429 01:19:45,948 --> 01:19:47,735 At least half this case is tax. 1430 01:19:47,825 --> 01:19:50,533 The most important thing is that Charles Moritz wins. 1431 01:19:50,619 --> 01:19:52,576 I said no, Mel. Drop it. 1432 01:19:56,250 --> 01:19:57,582 They could split the time. 1433 01:19:58,085 --> 01:20:00,919 Martin goes first, focuses the argument on tax. 1434 01:20:01,005 --> 01:20:03,588 Then Ruth steps in, talks about gender. 1435 01:20:09,388 --> 01:20:10,948 - RUTH: Pauli, here you go. - Thank you. 1436 01:20:11,432 --> 01:20:13,048 - Gerry, this is yours. - Mel. Mel. 1437 01:20:13,726 --> 01:20:15,217 There is no aspect of law 1438 01:20:15,311 --> 01:20:17,394 at which Ruth Ginsburg can be bested. 1439 01:20:17,479 --> 01:20:19,311 I don't know how things work at the ACLU, 1440 01:20:19,398 --> 01:20:21,793 but if anyone at my firm couldn't see that, they would be fired. 1441 01:20:21,817 --> 01:20:24,355 Objection noted, Counselor. She's still arguing half. 1442 01:20:24,570 --> 01:20:25,686 - This is her... - Listen, 1443 01:20:25,779 --> 01:20:27,215 she's written a revolutionary argument, 1444 01:20:27,239 --> 01:20:29,777 but brief writing is an academic's job. Okay? 1445 01:20:30,492 --> 01:20:34,076 Oral arguments require a lawyer who can command a judge's respect. 1446 01:20:34,163 --> 01:20:36,155 A real appellate lawyer. 1447 01:20:36,248 --> 01:20:37,364 (CLICKS TONGUE) 1448 01:20:37,458 --> 01:20:38,949 What a team you're gonna be. 1449 01:20:39,043 --> 01:20:40,579 - It was a good experience. - (CLAPS) 1450 01:20:40,794 --> 01:20:42,660 I think that was a very productive exercise. 1451 01:20:42,755 --> 01:20:43,962 I have to go to a fundraiser. 1452 01:20:44,048 --> 01:20:45,859 Pauli, Gerry, you want to split a cab downtown? 1453 01:20:45,883 --> 01:20:47,499 GERALD: Sure. PAULI: Sure. 1454 01:20:50,512 --> 01:20:51,512 Good team. 1455 01:20:51,597 --> 01:20:53,283 Good to see you, Gerry. Thank you for coming. 1456 01:20:53,307 --> 01:20:55,515 - Bye-bye. Good seeing you. - Great to see you. 1457 01:21:01,857 --> 01:21:03,018 RUTH: Bye. 1458 01:21:12,159 --> 01:21:14,492 You have such a light touch. It... 1459 01:21:15,329 --> 01:21:17,446 It's just effortless for you, isn't it? 1460 01:21:18,415 --> 01:21:20,623 Mel was goading you. 1461 01:21:20,918 --> 01:21:22,598 He was trying to make you feel overwhelmed. 1462 01:21:22,669 --> 01:21:25,377 Of course he was. He's a relentless prick. 1463 01:21:26,090 --> 01:21:27,984 But it doesn't change the fact that I'm not ready. 1464 01:21:28,008 --> 01:21:29,903 It's not your fault. You've never done this before. 1465 01:21:29,927 --> 01:21:32,590 Is that what I'm supposed to tell Charlie when I blow it in court? 1466 01:21:37,476 --> 01:21:40,594 MILLICENT: Do you want Theories in Public Taxation with you in Denver? 1467 01:21:40,687 --> 01:21:43,100 - Who needs a tax reference when you have Marty? - (CHUCKLES) 1468 01:21:43,190 --> 01:21:44,226 (PHONE RINGING) 1469 01:21:44,316 --> 01:21:47,024 Did you pack the, uh, Kirk v. Commissioner brief? 1470 01:21:47,111 --> 01:21:48,352 Yes. 1471 01:21:48,904 --> 01:21:50,270 Rutgers Law. 1472 01:21:51,073 --> 01:21:52,439 It's Mel Wulf for you. 1473 01:21:54,118 --> 01:21:55,654 (WHISPERS) Just tell him I'm not here. 1474 01:21:56,161 --> 01:21:57,493 I'm sorry, Mr... 1475 01:21:58,622 --> 01:22:00,158 He says it's urgent. 1476 01:22:01,417 --> 01:22:03,830 - (INDISTINCT CHATTER) - (PHONES RINGING) 1477 01:22:03,919 --> 01:22:06,252 (TYPEWRITERS CLACKING) 1478 01:22:09,383 --> 01:22:11,215 - Yeah... - What was so important? 1479 01:22:11,927 --> 01:22:13,884 - I'm excited to work with you. - (SHUSHING) 1480 01:22:14,346 --> 01:22:15,346 MEL: Yeah. 1481 01:22:15,431 --> 01:22:16,763 I understand. 1482 01:22:17,391 --> 01:22:18,632 She just walked in. 1483 01:22:19,977 --> 01:22:21,138 And to you too. 1484 01:22:22,479 --> 01:22:23,640 Okay. 1485 01:22:23,981 --> 01:22:25,722 Ruth Ginsburg. Allen Derr. 1486 01:22:25,816 --> 01:22:27,023 How do you do? 1487 01:22:27,860 --> 01:22:29,963 The Supreme Court just announced they're gonna hear Reed v. Reed 1488 01:22:29,987 --> 01:22:32,070 on appeal from the Idaho Supreme Court. 1489 01:22:32,739 --> 01:22:34,321 That's fantastic. 1490 01:22:34,408 --> 01:22:36,650 Mrs. Reed is very excited for the opportunity. 1491 01:22:36,743 --> 01:22:38,575 Allen is Sally Reed's lawyer. 1492 01:22:39,413 --> 01:22:42,247 So, is the ACLU gonna help? 1493 01:22:42,332 --> 01:22:44,212 You told me it was the right thing to do, right? 1494 01:22:44,293 --> 01:22:47,081 Mel says that no one knows this area of the law better than you. 1495 01:22:47,171 --> 01:22:48,628 You're our secret weapon, Ruth. 1496 01:22:48,881 --> 01:22:49,917 So... 1497 01:22:50,966 --> 01:22:54,209 You want me in the Supreme Court? 1498 01:22:55,679 --> 01:22:56,886 I, uh... 1499 01:22:57,306 --> 01:22:58,306 Uh... 1500 01:22:58,849 --> 01:23:01,592 I told Allen you'd be eager to help him write his brief. 1501 01:23:06,273 --> 01:23:07,514 Oh. 1502 01:23:08,108 --> 01:23:09,586 Well, you'd basically take the Moritz brief 1503 01:23:09,610 --> 01:23:11,567 and swap around the pronouns. Isn't that right? 1504 01:23:11,653 --> 01:23:13,610 It's a little more involved than that. 1505 01:23:13,697 --> 01:23:14,938 - Joking. - (CHUCKLES) 1506 01:23:15,032 --> 01:23:16,819 All right, let's start right away. 1507 01:23:17,326 --> 01:23:20,285 Allen, uh, enjoy the city. You should catch a show while you're here. 1508 01:23:20,370 --> 01:23:22,532 Ah, well, thank you. MEL: Yeah. 1509 01:23:22,706 --> 01:23:23,787 Yeah. 1510 01:23:24,833 --> 01:23:27,325 Oh, uh, Kiki and I have some stuff to discuss. 1511 01:23:28,962 --> 01:23:31,204 Yes, of course, I'll get out of your way. 1512 01:23:31,423 --> 01:23:34,086 It was a pleasure meeting you, Ruth or Kiki. 1513 01:23:34,176 --> 01:23:35,176 Uh... 1514 01:23:35,260 --> 01:23:36,421 Mel. 1515 01:23:36,929 --> 01:23:38,136 Oh! Oh. 1516 01:23:38,722 --> 01:23:41,510 - Ah. Don't forget that. - Mustn't forget that, yeah. 1517 01:23:43,602 --> 01:23:44,763 What a schmuck. 1518 01:23:44,853 --> 01:23:48,062 - Let me argue Reed in court. - Oh, give me a break. 1519 01:23:48,148 --> 01:23:50,515 I am no less experienced than Allen Derr in federal court. 1520 01:23:50,651 --> 01:23:52,629 - You have zero experience. - If you're gonna use my argument... 1521 01:23:52,653 --> 01:23:54,453 He's been Sally Reed's lawyer for three years. 1522 01:23:54,530 --> 01:23:55,530 She trusts him. 1523 01:23:55,864 --> 01:23:57,424 She wouldn't even let me argue the case. 1524 01:23:57,491 --> 01:24:00,011 Now, listen to me for a second. We have someone else to discuss. 1525 01:24:00,369 --> 01:24:02,110 Ernie Brown called this morning. 1526 01:24:02,538 --> 01:24:04,182 In light of Reed going to the Supreme Court, 1527 01:24:04,206 --> 01:24:06,566 the government wants to settle the Moritz case for a dollar. 1528 01:24:07,334 --> 01:24:10,668 Reed ups the profile of our case. They're getting nervous. 1529 01:24:10,879 --> 01:24:13,371 I told them you'd be in D.C. on Monday to sign the paperwork. 1530 01:24:16,343 --> 01:24:17,754 Why would you say that? 1531 01:24:18,178 --> 01:24:20,886 - Charlie won't want to settle. - No, convince him. 1532 01:24:21,765 --> 01:24:23,427 I will not. 1533 01:24:23,850 --> 01:24:26,558 First you took half the argument away from me... 1534 01:24:26,645 --> 01:24:29,479 Nobody took anything away from you, Ruth. 1535 01:24:29,565 --> 01:24:31,584 You weren't robbed in the middle of the night. All right? 1536 01:24:31,608 --> 01:24:33,920 I was giving you this opportunity for the good of the cause. 1537 01:24:33,944 --> 01:24:35,901 - You gave this to me? - In fact, I did. 1538 01:24:36,029 --> 01:24:38,316 - And get your emotions in check. - You first. 1539 01:24:40,617 --> 01:24:43,109 Allen is going to be arguing in the Supreme Court 1540 01:24:43,203 --> 01:24:44,614 that times have changed. 1541 01:24:45,330 --> 01:24:47,743 We can't afford the Tenth Circuit saying that they haven't. 1542 01:24:47,833 --> 01:24:49,825 Nothing would strengthen the argument more 1543 01:24:49,918 --> 01:24:52,001 than the appeals court deciding for Charlie. 1544 01:24:52,087 --> 01:24:54,023 Yes, that would be very nice, but here in the real world, 1545 01:24:54,047 --> 01:24:55,900 - with working lawyers... - You think I can't be persuasive? 1546 01:24:55,924 --> 01:24:58,444 Oh, I've never been more certain about anything in my life, Ruth. 1547 01:24:59,386 --> 01:25:01,002 You don't get to tell me when to quit. 1548 01:25:01,096 --> 01:25:02,837 You couldn't even make it through moot court 1549 01:25:02,931 --> 01:25:04,422 without embarrassing yourself. 1550 01:25:05,642 --> 01:25:07,679 You will lose, Ruth. 1551 01:25:07,769 --> 01:25:10,512 And when you do, you will set the women's movement back 10 years. 1552 01:25:10,606 --> 01:25:13,269 More! We are dodging a bullet here. 1553 01:25:14,401 --> 01:25:16,313 Are you the only one that can't see that? 1554 01:25:28,582 --> 01:25:30,582 These are Allen's briefs from the previous appeals. 1555 01:25:31,084 --> 01:25:33,292 Tie them into the framework of the Moritz brief. 1556 01:25:33,879 --> 01:25:35,370 I'll review it when you're done. 1557 01:25:38,592 --> 01:25:40,709 It's a Supreme Court brief. 1558 01:25:42,638 --> 01:25:45,221 I can assign it to someone else if that's what you'd prefer. 1559 01:26:00,280 --> 01:26:02,397 Oh, and... And Ruth, uh, 1560 01:26:02,491 --> 01:26:04,153 sooner you call Charlie, the better. 1561 01:26:04,242 --> 01:26:07,201 - (INDISTINCT CHATTER) - (PHONES RINGING) 1562 01:26:07,287 --> 01:26:09,370 (TYPEWRITERS CLACKING) 1563 01:26:16,421 --> 01:26:17,753 RUTH: I had this idea. 1564 01:26:18,382 --> 01:26:19,498 What's that? 1565 01:26:20,175 --> 01:26:21,632 Well, it doesn't matter now. 1566 01:26:22,469 --> 01:26:23,505 Tell me. 1567 01:26:25,764 --> 01:26:28,552 We could have taken Appendix E from the government's brief, 1568 01:26:28,642 --> 01:26:32,261 that entire comprehensive list of laws 1569 01:26:32,813 --> 01:26:37,353 that differentiates between the sexes, and... and turn it into our own hit list. 1570 01:26:38,068 --> 01:26:40,856 We could have started a special project at the ACLU 1571 01:26:40,946 --> 01:26:44,360 to go after those laws one by one in the legislature, in the courts, 1572 01:26:44,449 --> 01:26:48,159 until women and men were genuinely equal under the law. 1573 01:26:50,914 --> 01:26:53,702 And I've been running around claiming things have changed. 1574 01:27:04,177 --> 01:27:05,793 (SIGHS) 1575 01:27:38,211 --> 01:27:39,793 Daddy told me about the case. 1576 01:27:43,467 --> 01:27:45,550 Why is Mel Wulf being such a dick? 1577 01:27:49,389 --> 01:27:52,973 - He thinks I'm going to lose. - No way, Jose. Not in my experience. 1578 01:28:01,401 --> 01:28:03,688 As Mr. Moritz's lawyer, I'm... 1579 01:28:05,363 --> 01:28:07,776 I'm ethically bound to convey him the offer. 1580 01:28:11,953 --> 01:28:16,072 So, would you like help taking apart your life's work or 1581 01:28:17,626 --> 01:28:19,663 is that something you'd rather do by yourself? 1582 01:28:21,922 --> 01:28:23,083 I... 1583 01:28:23,799 --> 01:28:25,791 I know that this case... 1584 01:28:30,931 --> 01:28:33,548 That I disrupted our lives and... 1585 01:28:37,312 --> 01:28:38,598 I'm sorry. 1586 01:28:39,064 --> 01:28:41,932 Sorry for what? For... For doing your job? 1587 01:28:48,281 --> 01:28:49,442 Who's it for, 1588 01:28:51,409 --> 01:28:52,570 if not for me? 1589 01:28:53,995 --> 01:28:55,202 (SIGHING) 1590 01:28:58,041 --> 01:28:59,310 CHARLES: (ON PHONE) And they'll say it, right? 1591 01:28:59,334 --> 01:29:01,542 That I'm not a cheater, that the law's unfair? 1592 01:29:01,628 --> 01:29:02,869 No, Charlie, 1593 01:29:03,004 --> 01:29:05,496 the government won't say that on its own. 1594 01:29:05,590 --> 01:29:07,877 But if they don't say it, how will I have won? 1595 01:29:10,136 --> 01:29:11,593 You... You haven't. 1596 01:29:13,348 --> 01:29:14,964 But you... you get the money. 1597 01:29:18,144 --> 01:29:19,851 What about everyone else? 1598 01:29:20,522 --> 01:29:22,138 When you came to see me, 1599 01:29:22,399 --> 01:29:24,982 - you said... - Charlie, the settlement is only for you. 1600 01:29:26,027 --> 01:29:27,563 No one else can benefit. 1601 01:29:27,654 --> 01:29:28,815 (SIGHS) 1602 01:29:29,531 --> 01:29:30,817 But could we win? 1603 01:29:31,199 --> 01:29:33,486 Well, we could, and... 1604 01:29:34,870 --> 01:29:37,112 and the impact would last generations. 1605 01:29:37,414 --> 01:29:38,700 (SIGHS) 1606 01:29:39,624 --> 01:29:41,786 But the ACLU feels 1607 01:29:42,294 --> 01:29:45,082 it's best if you take the offer. 1608 01:29:46,172 --> 01:29:47,253 (SIGHS) 1609 01:29:47,340 --> 01:29:48,797 But you're my lawyer, Ruth. 1610 01:29:50,260 --> 01:29:51,626 What do you think? 1611 01:29:52,888 --> 01:29:54,254 (SIGHS) 1612 01:29:59,728 --> 01:30:00,844 PROFESSOR BROWN: Ah, Ruth! 1613 01:30:00,937 --> 01:30:02,803 - Professor Brown. - Please, come in. 1614 01:30:06,192 --> 01:30:07,478 Dean Griswold. 1615 01:30:08,028 --> 01:30:09,439 Mrs. Ginsburg. 1616 01:30:10,822 --> 01:30:13,815 I'm pleased you found a use for your Harvard education. 1617 01:30:14,618 --> 01:30:17,611 Actually, what I'm doing now, I learned at Columbia. 1618 01:30:19,873 --> 01:30:23,742 Ah, Ruth was always my most thoroughly prepared student. 1619 01:30:24,210 --> 01:30:25,746 So much to prove. (CHUCKLES) 1620 01:30:27,005 --> 01:30:29,998 These days the girls are as hopeless as the men. 1621 01:30:30,091 --> 01:30:31,423 (BOTH CHUCKLE) 1622 01:30:31,509 --> 01:30:32,920 How's little Jane? 1623 01:30:33,470 --> 01:30:36,588 Not so little. And we have another, James. 1624 01:30:37,182 --> 01:30:39,765 - Mmm. I'm sure they keep you busy. - Yes. 1625 01:30:40,894 --> 01:30:42,010 Both of us. 1626 01:30:43,980 --> 01:30:46,017 Ernie has your paperwork ready. 1627 01:30:49,945 --> 01:30:52,858 My client was very excited about your offer. 1628 01:30:53,073 --> 01:30:54,359 Good. 1629 01:30:54,699 --> 01:30:55,780 Good. 1630 01:30:55,867 --> 01:30:57,859 He did, however, have some conditions. 1631 01:30:58,244 --> 01:30:59,485 Conditions? 1632 01:30:59,704 --> 01:31:01,240 What kind of conditions? 1633 01:31:01,790 --> 01:31:05,409 First of all, he'd like you to forgive 100% of the money. 1634 01:31:05,502 --> 01:31:07,789 - None of this one dollar business. - Yes, well... 1635 01:31:07,879 --> 01:31:09,711 I'm sure we can manage to arrange that. 1636 01:31:10,048 --> 01:31:12,916 And he'd like the government to concede that he did nothing wrong. 1637 01:31:14,719 --> 01:31:16,756 And enter into the court record 1638 01:31:16,846 --> 01:31:18,963 that Section 214 of the Tax Code 1639 01:31:19,057 --> 01:31:22,596 discriminates on the basis of sex and is therefore unconstitutional. 1640 01:31:24,479 --> 01:31:27,688 I can't agree to that. And you know it. 1641 01:31:28,024 --> 01:31:29,731 Does Mel Wulf know about this? 1642 01:31:31,528 --> 01:31:32,689 (SIGHS) 1643 01:31:33,655 --> 01:31:35,817 Mmm. Then we'll see you in court. 1644 01:31:38,076 --> 01:31:39,408 (SIGHS) 1645 01:31:46,918 --> 01:31:48,204 Thank you, gentlemen. 1646 01:31:49,462 --> 01:31:50,703 It was a pleasure. 1647 01:32:00,598 --> 01:32:03,636 Your Honors, and may it please the court. 1648 01:32:06,730 --> 01:32:09,598 Your Honors, and may it please the court. 1649 01:32:09,816 --> 01:32:11,603 Your Honors, and may it... (SIGHS) 1650 01:32:12,318 --> 01:32:14,150 (WHISPERS) Section 214 of the Tax Code... 1651 01:32:14,904 --> 01:32:17,191 Section 214 of the Tax Code... 1652 01:32:26,708 --> 01:32:30,452 Your Honors, and may it please the court. 1653 01:32:57,947 --> 01:32:59,188 PROFESSOR BROWN: Good morning. 1654 01:33:06,164 --> 01:33:07,621 You're ready for this. 1655 01:33:07,999 --> 01:33:10,207 You've been ready for this your whole life. 1656 01:33:10,376 --> 01:33:14,165 So go in there and let the judges see the Ruth Ginsburg I know. 1657 01:33:20,762 --> 01:33:23,300 - MARTIN: Professor Brown. - Marty. Good to see you. 1658 01:33:23,389 --> 01:33:25,506 (INDISTINCT CHATTER) 1659 01:33:49,499 --> 01:33:51,832 (INDISTINCT CHATTER) 1660 01:34:06,516 --> 01:34:08,724 - Charlie. - Good morning. 1661 01:34:09,394 --> 01:34:12,057 - You must be Jane. - Nice to meet you, Mr. Moritz. 1662 01:34:16,276 --> 01:34:18,984 - Mr. Ginsburg. - No. Uh, Mel Wulf. 1663 01:34:19,070 --> 01:34:20,561 ACLU. MARTIN: That's me. 1664 01:34:20,655 --> 01:34:22,049 I'm Mr. Ginsburg. Nice to meet you, Charles. 1665 01:34:22,073 --> 01:34:23,109 CHARLES: A pleasure. 1666 01:34:30,290 --> 01:34:32,623 Well, here we are. 1667 01:34:33,334 --> 01:34:35,246 (ALL MURMURING) 1668 01:34:39,841 --> 01:34:41,207 All rise. 1669 01:34:42,802 --> 01:34:46,011 The United States Court of Appeals for the Tenth Circuit is now in session. 1670 01:34:46,347 --> 01:34:49,010 Judges Doyle, Holloway and Daugherty presiding. 1671 01:34:50,977 --> 01:34:52,017 JUDGE HOLLOWAY: Be seated. 1672 01:34:56,524 --> 01:34:58,891 You have a century of case law on your side. 1673 01:34:58,985 --> 01:35:00,692 Just do your job. 1674 01:35:03,406 --> 01:35:07,525 JUDGE HOLLOWAY: The first case is docket number 71-1127. 1675 01:35:07,619 --> 01:35:10,236 Charles Moritz v. Commissioner of Internal Revenue. 1676 01:35:10,705 --> 01:35:12,947 Each side will have 30 minutes to present. 1677 01:35:13,208 --> 01:35:15,621 When two minutes remain, the court clerk will rise 1678 01:35:15,710 --> 01:35:16,710 to give warning. 1679 01:35:16,794 --> 01:35:18,911 When your time is up, he will sit. 1680 01:35:19,839 --> 01:35:20,955 Counsel for the appellant. 1681 01:35:21,049 --> 01:35:23,382 Mr. Ginsburg, you may proceed. 1682 01:35:23,760 --> 01:35:25,342 (CLOCK TICKING) 1683 01:35:27,680 --> 01:35:30,468 Good morning, Your Honors, and may it please the court. 1684 01:35:30,558 --> 01:35:32,971 Today we are going to demonstrate that Section 214 1685 01:35:33,061 --> 01:35:35,644 of the U.S. Tax Code unfairly discriminates 1686 01:35:35,730 --> 01:35:38,222 against our client, Mr. Charles Moritz, 1687 01:35:38,316 --> 01:35:39,773 because he is a man. 1688 01:35:42,070 --> 01:35:45,063 JUDGE HOLLOWAY: Congress assumed that a caregiver is most likely a woman. 1689 01:35:45,573 --> 01:35:47,064 Is that so unreasonable? 1690 01:35:47,951 --> 01:35:50,944 If the law says all caregivers are entitled to a deduction, 1691 01:35:51,329 --> 01:35:53,742 and if the writers in the back of their mind thought, 1692 01:35:53,831 --> 01:35:55,142 "Well, this will only apply to women," 1693 01:35:55,166 --> 01:35:56,446 then that would be an assumption. 1694 01:35:56,626 --> 01:35:58,062 But they went farther than that, Judge. 1695 01:35:58,086 --> 01:36:01,420 They explicitly list who qualifies as a caregiver. 1696 01:36:01,506 --> 01:36:02,792 As is their prerogative. 1697 01:36:03,549 --> 01:36:06,007 Yes. But Judge, I doubt that you would turn the same blind eye 1698 01:36:06,135 --> 01:36:08,969 - if it said only white caregivers. - That's hardly the same thing. 1699 01:36:09,430 --> 01:36:11,467 Respectfully, we disagree. 1700 01:36:12,058 --> 01:36:13,535 I'm going to turn it over to my co-counsel 1701 01:36:13,559 --> 01:36:14,954 who will discuss the constitutional questions. 1702 01:36:14,978 --> 01:36:18,016 You're telling us that race and gender are the same? 1703 01:36:21,484 --> 01:36:22,484 My co-counsel... 1704 01:36:22,568 --> 01:36:24,400 Yes, yes, we'll get to her in a minute. 1705 01:36:24,487 --> 01:36:26,695 But I'd appreciate an answer to my question. 1706 01:36:27,991 --> 01:36:29,573 In order for a law to discriminate, 1707 01:36:29,659 --> 01:36:32,242 it must distinguish between groups arbitrarily. 1708 01:36:32,328 --> 01:36:33,364 Is that correct? 1709 01:36:34,664 --> 01:36:36,496 - My co-counsel will... - Mr. Ginsburg. 1710 01:36:36,916 --> 01:36:38,282 I have asked you. 1711 01:36:44,507 --> 01:36:46,499 It must be arbitrary, yes. 1712 01:36:46,718 --> 01:36:49,711 And in this case, we believe the law is. 1713 01:36:49,887 --> 01:36:52,220 Mr. Moritz is a man who never married. 1714 01:36:52,307 --> 01:36:55,471 That may make him less likely to have childcare responsibilities, 1715 01:36:55,560 --> 01:36:58,177 but not parent care responsibilities. 1716 01:36:58,271 --> 01:36:59,707 - And had he been a woman... - And to your mind, 1717 01:36:59,731 --> 01:37:02,519 classifications of this kind must always be discriminatory? 1718 01:37:02,608 --> 01:37:03,608 There's some help. 1719 01:37:03,693 --> 01:37:05,776 He's asking him to make a broad categorical claim. 1720 01:37:05,862 --> 01:37:07,353 I can't speak to always, Judge. 1721 01:37:07,447 --> 01:37:10,235 I can only speak to this case and this man. 1722 01:37:12,285 --> 01:37:13,992 - Very well. - Thank you. 1723 01:37:14,287 --> 01:37:15,619 Then speak of him. 1724 01:37:22,462 --> 01:37:25,955 Again, the only distinction between our client Mr. Moritz 1725 01:37:26,049 --> 01:37:27,756 and any other caregiver, 1726 01:37:27,842 --> 01:37:30,630 in Judge Daugherty's words, is arbitrary. 1727 01:37:31,804 --> 01:37:35,138 Thank you. And I cede the remainder of my time to my co-counsel. 1728 01:37:35,224 --> 01:37:36,931 (ALL MURMURING) 1729 01:37:51,616 --> 01:37:53,903 (MIC FEEDBACK) 1730 01:37:59,374 --> 01:38:00,706 (INHALES) 1731 01:38:02,377 --> 01:38:03,618 Your Honors... 1732 01:38:06,756 --> 01:38:08,713 Whenever you're ready, Mrs. Ginsburg. 1733 01:38:12,095 --> 01:38:14,303 Your Honors, and may it please the court. 1734 01:38:15,014 --> 01:38:20,351 Section 214 denies Mr. Moritz a caregiver tax deduction 1735 01:38:20,436 --> 01:38:22,928 available to similarly situated women... 1736 01:38:23,022 --> 01:38:26,015 Yes. Yes. We've been through all that. 1737 01:38:26,109 --> 01:38:27,225 (SCOFFS) Uh, 1738 01:38:27,318 --> 01:38:29,776 Mrs. Ginsburg, you are aware that the government has 1739 01:38:29,862 --> 01:38:32,024 three co-equal branches. 1740 01:38:35,827 --> 01:38:38,194 - Mrs. Ginsburg? - Yes, of course, Your Honor. 1741 01:38:38,287 --> 01:38:41,871 And that it is the Congress' role to write law. 1742 01:38:44,669 --> 01:38:47,082 Your Honor, I understand how government works. 1743 01:38:49,048 --> 01:38:50,209 Take it easy, Ruth. 1744 01:38:52,677 --> 01:38:55,420 Well, uh, sometimes a law, even a good law, 1745 01:38:55,513 --> 01:38:57,880 even a law that is legal under the Constitution, 1746 01:38:57,974 --> 01:39:00,011 may not be good for every individual it affects. 1747 01:39:00,101 --> 01:39:01,717 I have a question. 1748 01:39:02,395 --> 01:39:04,057 If I understand correctly, 1749 01:39:04,313 --> 01:39:05,313 you're concerned 1750 01:39:05,398 --> 01:39:07,230 about men and women being pigeonholed 1751 01:39:07,316 --> 01:39:09,399 into certain roles based on gender. 1752 01:39:09,485 --> 01:39:10,726 Yes, that's correct. 1753 01:39:11,362 --> 01:39:14,230 - Because... - Excuse me. That wasn't my question. 1754 01:39:14,323 --> 01:39:17,487 It strikes me that the caregiver deduction does the opposite. 1755 01:39:18,077 --> 01:39:21,036 It helps women be able to work outside the home. 1756 01:39:21,622 --> 01:39:22,738 Isn't that a good thing? 1757 01:39:24,584 --> 01:39:26,871 But the law assumes it must be the woman 1758 01:39:26,961 --> 01:39:28,918 who is supposed to be at home in the first place. 1759 01:39:29,005 --> 01:39:31,668 Well, that is the case in every family I know. 1760 01:39:31,757 --> 01:39:33,437 So, it's the assumption that's the problem. 1761 01:39:33,468 --> 01:39:38,213 Then when can a law differentiate on the basis of sex? Never? 1762 01:39:40,057 --> 01:39:43,175 When the classification rationally relates to the law. 1763 01:39:44,103 --> 01:39:46,220 Keeping women out of combat, for example. 1764 01:39:46,314 --> 01:39:48,397 I'm not sure whether I agree with that example. 1765 01:39:48,483 --> 01:39:51,191 No. So, you think women belong on the front lines now, too? 1766 01:39:51,277 --> 01:39:52,813 RUTH: No, that's not what... 1767 01:39:53,988 --> 01:39:57,572 Gender, like race, is a biological, unalterable trait. 1768 01:39:57,658 --> 01:40:01,117 There is nothing that women are inherently better at than men, nor vice versa. 1769 01:40:01,871 --> 01:40:04,033 - Growing a beard. - That's... 1770 01:40:04,123 --> 01:40:05,705 - (ALL LAUGHING) - Lactation. 1771 01:40:05,791 --> 01:40:08,033 No thinking person could possibly imagine that 1772 01:40:08,169 --> 01:40:11,583 - Charles Moritz's gender relates to his ability... - (MIC FEEDBACK) 1773 01:40:15,968 --> 01:40:17,925 JUDGE DOYLE: Why can't we, Mrs. Ginsburg? 1774 01:40:18,471 --> 01:40:21,464 In most households, aren't women the primary caregivers? 1775 01:40:22,058 --> 01:40:25,893 Aren't men the breadwinners? Aren't they? 1776 01:40:32,527 --> 01:40:34,769 In most households, yes, Your Honor. 1777 01:40:35,154 --> 01:40:37,020 Doesn't that reality suggest 1778 01:40:37,114 --> 01:40:39,731 that that's the natural order of things? 1779 01:40:46,624 --> 01:40:48,616 Respectfully, Your Honors, I'd like to reserve 1780 01:40:48,709 --> 01:40:50,541 the remainder of my time for rebuttal. 1781 01:40:56,342 --> 01:40:59,005 Not sure I followed that. How... How are we doing? 1782 01:41:00,638 --> 01:41:01,845 (WHISTLES) 1783 01:41:02,139 --> 01:41:03,300 (IMITATES EXPLOSION) 1784 01:41:04,225 --> 01:41:06,217 It's okay. It's not over yet. 1785 01:41:20,992 --> 01:41:24,736 JUDGE HOLLOWAY: Mr. Bozarth, for the appellee. You may proceed. 1786 01:41:24,829 --> 01:41:28,743 Don't let them forget what this case is really about. You'll be fine. 1787 01:41:30,418 --> 01:41:33,877 Ah, Bozarth. The, uh, master of citations. 1788 01:41:34,589 --> 01:41:36,817 (CLEARS THROAT) That's what my family calls me too, Judge. 1789 01:41:36,841 --> 01:41:38,173 (ALL LAUGHING) 1790 01:41:40,136 --> 01:41:42,378 Your Honors, and may it please the court. 1791 01:41:43,014 --> 01:41:47,133 Congress created this tax deduction to help caregivers go out and work. 1792 01:41:48,185 --> 01:41:49,392 Caregivers. 1793 01:41:50,521 --> 01:41:53,480 Folks that, if they weren't working, would stay home. 1794 01:41:55,234 --> 01:41:57,942 Now, are we meant to believe that this man 1795 01:41:58,529 --> 01:42:03,115 would have the skill or even the caregiver's instinct to do that? 1796 01:42:03,200 --> 01:42:04,720 JUDGE DOYLE: Why can't we believe that? 1797 01:42:05,077 --> 01:42:08,616 Why does an unwed woman have that instinct, but not an unwed man? 1798 01:42:08,706 --> 01:42:10,322 Or a widower, for that matter? 1799 01:42:10,541 --> 01:42:11,810 BOZARTH: Well, respectfully, Judge Doyle, 1800 01:42:11,834 --> 01:42:15,453 a widower doesn't choose to be a caregiver. It's thrust upon them. 1801 01:42:16,505 --> 01:42:20,624 And as for women, it doesn't take a legal treatise to prove 1802 01:42:20,718 --> 01:42:24,302 what 100,000 years of human history has made indelibly clear. 1803 01:42:25,723 --> 01:42:29,592 And Congress can write the tax code to enforce this natural law? 1804 01:42:29,685 --> 01:42:31,722 Congress can write whatever tax code it wants. 1805 01:42:32,855 --> 01:42:37,020 All I'm saying, Judge, is that given the natural order of things, 1806 01:42:38,402 --> 01:42:42,362 this man, Mr. Moritz, hasn't suffered as a result. 1807 01:42:42,448 --> 01:42:46,567 But the country will suffer if the court doesn't find for the appellee. 1808 01:42:50,206 --> 01:42:52,267 Your Honors, I am certain that there isn't a man among us 1809 01:42:52,291 --> 01:42:54,783 who wouldn't try to ease his wife's burdens. 1810 01:42:54,960 --> 01:42:56,872 So I don't see how we can judge negatively 1811 01:42:56,962 --> 01:42:58,762 the members of Congress who would do the same. 1812 01:42:59,674 --> 01:43:01,210 And I'm not alone in that. 1813 01:43:01,425 --> 01:43:03,132 There is a long and honorable tradition 1814 01:43:03,219 --> 01:43:05,632 in the courts of upholding laws like this one. 1815 01:43:07,515 --> 01:43:11,179 I for one would rather see my government err on the side of caring too much, 1816 01:43:12,978 --> 01:43:16,813 of trying too hard to help the ladies of this country, 1817 01:43:17,608 --> 01:43:20,942 rather than to be indifferent to their unique burdens. 1818 01:43:21,028 --> 01:43:22,769 Now, maybe Mr. Moritz disagrees. 1819 01:43:24,448 --> 01:43:26,360 Or maybe he just doesn't like paying taxes. 1820 01:43:28,661 --> 01:43:31,661 Personally, I don't believe that. I believe that Charles Moritz is a victim. 1821 01:43:32,915 --> 01:43:36,829 Not of his government, but of the lawyers 1822 01:43:36,919 --> 01:43:39,332 who have used his case to achieve their own ends. 1823 01:43:40,798 --> 01:43:44,633 Radical social change. 1824 01:43:44,719 --> 01:43:47,302 (ALL MURMURING) 1825 01:43:49,849 --> 01:43:52,307 We rest our case on our briefs and argument, 1826 01:43:52,768 --> 01:43:57,138 and ask that the court uphold the Tax Court's decision. Thank you. 1827 01:44:11,203 --> 01:44:15,538 Counsel for the appellant, you have four minutes for rebuttal. 1828 01:44:26,552 --> 01:44:28,259 Counsel for the appellant. 1829 01:44:38,647 --> 01:44:39,728 Counselor. 1830 01:44:53,746 --> 01:44:57,490 "Radical social change." 1831 01:45:05,174 --> 01:45:08,258 When I was in law school, there was no women's bathroom. 1832 01:45:08,344 --> 01:45:10,461 (ALL LAUGHING) 1833 01:45:14,141 --> 01:45:16,349 It's amazing to me now that we never complained. 1834 01:45:17,102 --> 01:45:18,183 Not because we were timid. 1835 01:45:18,270 --> 01:45:21,183 We were just astounded to be in law school at all. 1836 01:45:22,733 --> 01:45:25,817 A hundred years ago, Myra Bradwell wanted to be a lawyer. 1837 01:45:26,612 --> 01:45:29,821 She had fulfilled the requirements for the Illinois Bar, 1838 01:45:30,241 --> 01:45:33,450 but she wasn't allowed to practice because she was a woman. 1839 01:45:34,245 --> 01:45:37,955 An injustice she asked the Supreme Court to correct. 1840 01:45:39,875 --> 01:45:42,413 Illinois was so confident of victory, 1841 01:45:43,087 --> 01:45:46,125 they didn't even send a lawyer to argue their side. 1842 01:45:47,299 --> 01:45:49,541 They were right. She lost. 1843 01:45:51,846 --> 01:45:55,510 That was the first time someone went to court 1844 01:45:55,599 --> 01:45:59,764 to challenge his or her prescribed gender role. 1845 01:46:00,688 --> 01:46:02,429 A hundred years ago. 1846 01:46:06,193 --> 01:46:10,187 Radical social change. 1847 01:46:14,326 --> 01:46:17,444 Sixty-five years ago, when women in Oregon 1848 01:46:17,538 --> 01:46:20,497 wanted to work overtime and make more money as men could, 1849 01:46:20,583 --> 01:46:23,872 the court looked to the precedent in Bradwell and said no. 1850 01:46:25,337 --> 01:46:27,078 So then there were two precedents. 1851 01:46:27,548 --> 01:46:30,882 Then three, then four, and on and on, 1852 01:46:30,968 --> 01:46:35,383 and you can draw a direct line from Myra Bradwell to Gwendolyn Hoyt, 1853 01:46:35,472 --> 01:46:40,058 told ten years ago she was not entitled to a jury of her peers. 1854 01:46:42,229 --> 01:46:46,519 That is the legacy the government asks you to uphold today. 1855 01:46:46,942 --> 01:46:51,437 You are being urged to protect the culture and traditions 1856 01:46:51,530 --> 01:46:54,773 and morality of an America that no longer exists. 1857 01:46:58,078 --> 01:47:02,573 A generation ago, my students would have been arrested for indecency 1858 01:47:03,042 --> 01:47:05,082 - for wearing the clothes that they do. - (LAUGHTER) 1859 01:47:05,711 --> 01:47:08,875 Sixty-five years ago, it would have been unimaginable 1860 01:47:08,964 --> 01:47:11,081 that my daughter would aspire to a career. 1861 01:47:13,928 --> 01:47:15,715 And a hundred years ago, 1862 01:47:17,264 --> 01:47:20,257 I would not have the right to stand before you. 1863 01:47:30,945 --> 01:47:36,566 There are 178 laws that differentiate on the basis of sex. Count them. 1864 01:47:36,659 --> 01:47:39,572 The government did the favor of compiling them for you. 1865 01:47:40,079 --> 01:47:41,320 And while you're at it, 1866 01:47:42,957 --> 01:47:44,414 I urge you to read them. 1867 01:47:45,709 --> 01:47:48,998 They're obstacles to our children's aspirations. 1868 01:47:49,088 --> 01:47:52,581 You're asking us to overturn nearly a century of precedent. 1869 01:47:53,092 --> 01:47:55,129 I'm asking you to set a new precedent, 1870 01:47:55,844 --> 01:47:58,757 as courts have done before when the law is outdated. 1871 01:47:58,847 --> 01:48:01,806 But in those cases, the courts had a clear constitutional handle. 1872 01:48:03,852 --> 01:48:09,849 The word "woman" does not appear even once in the U.S. Constitution. 1873 01:48:11,402 --> 01:48:15,362 Nor does the word "freedom", Your Honor. 1874 01:48:30,921 --> 01:48:34,540 Go on, Professor Ginsburg. 1875 01:48:41,056 --> 01:48:44,015 The principal purpose of Section 214 1876 01:48:44,685 --> 01:48:46,301 is not to protect women, 1877 01:48:46,395 --> 01:48:48,057 nor to discriminate against men. 1878 01:48:48,147 --> 01:48:49,558 It is to provide caregivers 1879 01:48:49,648 --> 01:48:52,607 the opportunity to work outside the home. 1880 01:48:52,693 --> 01:48:55,982 Therefore, as the Supreme Court did in Levy v. Louisiana, 1881 01:48:56,613 --> 01:48:58,445 this court should fix the law 1882 01:48:58,532 --> 01:49:01,115 most in line with the legislative intent. 1883 01:49:02,077 --> 01:49:04,194 Extend the deduction to never-married men. 1884 01:49:05,539 --> 01:49:08,077 Help all caregivers equally. 1885 01:49:12,838 --> 01:49:16,206 Charles Moritz was well-raised to be the sort of man 1886 01:49:16,300 --> 01:49:18,508 we should all hope our sons will become. 1887 01:49:19,428 --> 01:49:22,842 Charlie deserves our admiration. 1888 01:49:23,348 --> 01:49:25,214 Not only has he taken on the burden 1889 01:49:25,434 --> 01:49:28,552 of caring for his very strong-willed mother 1890 01:49:28,645 --> 01:49:30,853 when no one would expect it of him, 1891 01:49:31,440 --> 01:49:35,275 but in doing so, he has surpassed the limitations 1892 01:49:35,652 --> 01:49:40,147 the rest of us, and our laws, seek to force upon him. 1893 01:49:41,575 --> 01:49:44,192 We're not asking you to change the country. 1894 01:49:45,120 --> 01:49:48,238 That's already happened without any court's permission. 1895 01:49:49,124 --> 01:49:53,459 We're asking you to protect the right of the country to change. 1896 01:49:57,591 --> 01:50:00,800 Our sons and daughters are barred by law 1897 01:50:01,428 --> 01:50:02,964 from opportunities based on assumptions 1898 01:50:03,055 --> 01:50:04,387 about their abilities. 1899 01:50:04,473 --> 01:50:06,430 How will they ever disprove these assumptions 1900 01:50:06,517 --> 01:50:10,477 if laws like Section 214 are allowed to stand? 1901 01:50:11,772 --> 01:50:15,061 We all must take these laws on, one by one, 1902 01:50:15,150 --> 01:50:17,392 for as long as it takes, for their sakes. 1903 01:50:19,363 --> 01:50:21,150 And you have the power to set the precedent 1904 01:50:21,240 --> 01:50:22,947 that will get us started. 1905 01:50:24,618 --> 01:50:28,282 You can right this wrong. 1906 01:50:39,174 --> 01:50:42,087 We rest our case on our briefs and argument 1907 01:50:42,177 --> 01:50:47,844 and ask that you reverse the Tax Court's decision. 1908 01:50:50,477 --> 01:50:52,218 (ALL MURMURING) 1909 01:51:11,999 --> 01:51:13,490 MEL: Kiki! 1910 01:51:13,584 --> 01:51:15,041 That was perfect. 1911 01:51:15,711 --> 01:51:16,771 - That was perfect. - (CHUCKLES) 1912 01:51:16,795 --> 01:51:18,252 We don't even know who won. 1913 01:51:18,338 --> 01:51:20,455 Doesn't matter. It was right. 1914 01:51:21,842 --> 01:51:23,925 This is just the beginning. 1915 01:51:25,262 --> 01:51:26,628 I'm going to go gloat. 1916 01:51:26,722 --> 01:51:28,384 (BOTH CHUCKLING) 1917 01:51:29,600 --> 01:51:31,842 - Martin. Thank you. - Of course, Charles. 1918 01:51:31,935 --> 01:51:33,301 Jane. 1919 01:51:34,146 --> 01:51:35,512 (SIGHS) Ruth, I... 1920 01:51:36,565 --> 01:51:37,772 I'll be in touch. 1921 01:51:53,582 --> 01:51:54,582 You did it. 1922 01:51:56,043 --> 01:51:57,909 We did it. 1923 01:52:01,924 --> 01:52:04,382 MARTIN: Oh, I say we celebrate. 1924 01:52:04,468 --> 01:52:07,131 We go pick up James and get some pizza. 1925 01:52:19,441 --> 01:52:21,478 JUDGE 1: We'll hear arguments next in number four, 1926 01:52:21,568 --> 01:52:22,684 Reed against Reed. 1927 01:52:22,778 --> 01:52:27,773 JUDGE 2:...next in 71-1694, Frontiero against Laird. 1928 01:52:27,866 --> 01:52:29,903 Weinberger against Wiesenfeld. 1929 01:52:29,993 --> 01:52:32,861 (JUDGES CONTINUE SPEAKING INDISTINCTLY) 1930 01:52:36,875 --> 01:52:38,411 CHIEF JUSTICE: Mrs. Ginsburg. 1931 01:52:38,502 --> 01:52:40,664 RUTH: Mr. Chief Justice, and may it please the court. 1932 01:52:40,754 --> 01:52:45,340 Amicus views this case as kin to Reed v. Reed... 1933 01:52:45,425 --> 01:52:47,917 The sex criterion stigmatizes 1934 01:52:48,011 --> 01:52:50,879 when it is used to limit hours of work for women only. 1935 01:52:50,973 --> 01:52:55,013 It assumes that all women are preoccupied with home and children. 1936 01:52:55,102 --> 01:52:57,469 These distinctions have a common effect. 1937 01:52:58,021 --> 01:53:00,934 They help keep woman in her place, 1938 01:53:01,024 --> 01:53:03,732 a place inferior to that occupied by men. 1939 01:53:03,819 --> 01:53:07,859 The law must stop using sex as a shorthand for functions which... 1940 01:53:07,948 --> 01:53:10,406 The judgment enjoins enforcement of the statute 1941 01:53:10,492 --> 01:53:14,076 insofar as it discriminates on the basis of sex. 1942 01:53:14,162 --> 01:53:19,783 Laws of this quality help to keep women not on a pedestal, but in a cage. 1943 01:53:19,876 --> 01:53:24,541 Sarah Grimk� said, "I ask no favor for my sex. 1944 01:53:24,631 --> 01:53:26,497 "All I ask of our brethren 1945 01:53:26,967 --> 01:53:30,631 "is that they take their feet off our necks." 1946 01:54:36,244 --> 01:54:38,236 (SONG PLAYING) 150368

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