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These are the user uploaded subtitles that are being translated: 1 00:00:06,000 --> 00:00:12,074 Advertise your product or brand here contact www.OpenSubtitles.org today 2 00:00:30,205 --> 00:00:35,205 Subtitles by explosiveskull 3 00:03:08,013 --> 00:03:09,748 Anyone here? 4 00:03:16,822 --> 00:03:19,490 My name is Erwin Griswold. 5 00:03:19,492 --> 00:03:22,226 I am the dean of this place. 6 00:03:22,228 --> 00:03:24,897 Welcome to Harvard Law School. 7 00:03:25,999 --> 00:03:28,432 Take a moment to look around you. 8 00:03:28,434 --> 00:03:30,034 In this room, 9 00:03:30,036 --> 00:03:32,837 there are Rhodes and Fulbright Scholars, 10 00:03:32,839 --> 00:03:34,872 Phi Beta Kappa members, 11 00:03:34,874 --> 00:03:36,907 student body presidents, 12 00:03:36,909 --> 00:03:39,278 and a Harvard football team captain. 13 00:03:40,581 --> 00:03:42,614 Together... 14 00:03:42,616 --> 00:03:45,317 you will become lawyers. 15 00:03:45,319 --> 00:03:48,854 This is a privilege you share. 16 00:03:48,856 --> 00:03:53,528 It is also a responsibility you accept. 17 00:03:55,062 --> 00:03:57,262 Consider... 18 00:03:57,264 --> 00:04:01,503 what does it mean to be a Harvard man? 19 00:04:02,870 --> 00:04:06,272 A Harvard man is intelligent, of course, 20 00:04:06,274 --> 00:04:08,875 but he is also tenacious. 21 00:04:08,877 --> 00:04:13,179 He is a leader devoted to the rule of law. 22 00:04:13,181 --> 00:04:17,551 He is mindful of his country, loyal to tradition, 23 00:04:17,553 --> 00:04:20,554 and he is respectful and protective 24 00:04:20,556 --> 00:04:22,857 of our institutions. 25 00:04:24,293 --> 00:04:26,293 "The net operating loss deductions 26 00:04:26,295 --> 00:04:29,129 "by the year shall be computed as of Subsection A 27 00:04:29,131 --> 00:04:31,131 of this section, applied to such tax review..." 28 00:04:31,133 --> 00:04:34,201 Which one makes me look more like a Harvard man? 29 00:04:37,473 --> 00:04:39,006 I'm thrilled to report 30 00:04:39,008 --> 00:04:41,108 that you look nothing like a Harvard man. 31 00:04:41,110 --> 00:04:42,410 Seriously? It's the dean's dinner, Marty. 32 00:04:42,412 --> 00:04:43,977 You know how I am at these things. 33 00:04:43,979 --> 00:04:45,279 I-I need to make a good impression. 34 00:04:45,281 --> 00:04:47,449 And you will, Kiki, but you've got it wrong. 35 00:04:47,451 --> 00:04:49,284 It's not the dress. It's you. 36 00:04:49,286 --> 00:04:53,288 You haven't touched your tuna casserole. 37 00:04:53,290 --> 00:04:55,390 Come here, sweetie. Come. 38 00:04:55,392 --> 00:04:57,559 There we go. 39 00:04:57,561 --> 00:05:00,128 I put onions in. They help, right? 40 00:05:00,130 --> 00:05:01,965 Definitely. 41 00:05:03,133 --> 00:05:06,267 I don't like either of these. 42 00:05:11,007 --> 00:05:12,675 Okay, where were we? 43 00:05:20,151 --> 00:05:21,584 Thank you. 44 00:05:38,270 --> 00:05:40,604 Ladies and gentlemen, please join us 45 00:05:40,606 --> 00:05:42,706 in the dining room as dinner is served. 46 00:05:42,708 --> 00:05:45,308 And, professors, please escort the ladies in. 47 00:05:45,310 --> 00:05:47,477 After you. Please. 48 00:05:47,479 --> 00:05:49,314 May I? 49 00:05:53,720 --> 00:05:56,587 He remembers everything. 50 00:06:03,763 --> 00:06:05,730 He said, "Professor, 51 00:06:05,732 --> 00:06:07,331 have you corrected our papers?" 52 00:06:07,333 --> 00:06:09,667 And I said, "Correcting them will take a lifetime. 53 00:06:09,669 --> 00:06:11,202 I'm merely grading them." 54 00:06:12,673 --> 00:06:14,573 Oh, wait a minute. 55 00:06:14,575 --> 00:06:17,643 Esteemed colleagues, ladies. 56 00:06:17,645 --> 00:06:21,647 This is only the sixth year women have had the privilege 57 00:06:21,649 --> 00:06:23,782 to earn a Harvard law degree. 58 00:06:23,784 --> 00:06:27,653 This little soiree is our way of saying welcome. 59 00:06:27,655 --> 00:06:29,721 My wife Harriet and I 60 00:06:29,723 --> 00:06:33,961 are very glad all nine of you have joined us. 61 00:06:36,397 --> 00:06:39,231 Let us go around the table, 62 00:06:39,233 --> 00:06:43,403 and each of you ladies report who you are, where you're from, 63 00:06:43,405 --> 00:06:46,506 and why you're occupying a place at Harvard 64 00:06:46,508 --> 00:06:49,107 that could have gone to a man. 65 00:06:53,615 --> 00:06:55,248 Yeah. 66 00:06:55,250 --> 00:06:56,783 Well... 67 00:06:56,785 --> 00:06:59,354 why don't you get us started, dear? 68 00:07:01,691 --> 00:07:03,691 I'm Hennie Callaghan. 69 00:07:03,693 --> 00:07:06,092 Father's a lawyer back in Minneapolis. 70 00:07:06,094 --> 00:07:07,695 He used to give me drafts of contracts 71 00:07:07,697 --> 00:07:08,796 to use for drawing paper. 72 00:07:08,798 --> 00:07:10,196 But at some point, 73 00:07:10,198 --> 00:07:12,065 I got more interested in reading them 74 00:07:12,067 --> 00:07:13,467 than drawing on them. 75 00:07:13,469 --> 00:07:18,405 In a few years, it's gonna be Callaghan and Callaghan. 76 00:07:18,407 --> 00:07:20,541 That was fine. 77 00:07:20,543 --> 00:07:22,142 Next. 78 00:07:24,848 --> 00:07:26,514 Emily Hicks. 79 00:07:26,516 --> 00:07:28,148 Hello. Connecticut. 80 00:07:28,150 --> 00:07:30,251 When I finished Mount Holyoke, 81 00:07:30,253 --> 00:07:32,086 my mother wanted me to get married. 82 00:07:32,088 --> 00:07:33,788 But I didn't want to do that, 83 00:07:33,790 --> 00:07:35,423 and I didn't want to be a teacher 84 00:07:35,425 --> 00:07:37,726 - or a nurse, so when I... - Ah. 85 00:07:37,728 --> 00:07:40,495 That's not a very good reason. 86 00:07:40,497 --> 00:07:42,399 Next. 87 00:07:47,471 --> 00:07:49,371 - Oh. - Watch it. 88 00:07:49,373 --> 00:07:50,573 Sorry. 89 00:07:57,448 --> 00:08:00,115 Uh, I'm... 90 00:08:00,117 --> 00:08:03,054 Ruth Ginsburg from Brooklyn. 91 00:08:04,889 --> 00:08:07,123 And why are you here, Miss Ginsburg? 92 00:08:07,125 --> 00:08:11,160 Uh, M-Mrs. Ginsburg, actually. 93 00:08:11,162 --> 00:08:15,231 My husband Marty is in the second-year class. 94 00:08:15,233 --> 00:08:18,167 I'm at Harvard to learn more about his work, 95 00:08:18,169 --> 00:08:21,405 so I can be a more patient and understanding wife. 96 00:08:25,911 --> 00:08:28,345 Come to dinner. The beans will be boiled, 97 00:08:28,347 --> 00:08:31,348 the chicken will be stewed, and you will be grilled. 98 00:08:31,350 --> 00:08:34,651 We came to Harvard to be lawyers. Why else? 99 00:08:34,653 --> 00:08:35,887 It's truly an asinine question. 100 00:08:35,889 --> 00:08:37,220 He's never gonna take me seriously. 101 00:08:37,222 --> 00:08:38,388 No, that's not true. 102 00:08:38,390 --> 00:08:39,791 You're the smartest person here, 103 00:08:39,793 --> 00:08:41,258 and you're gonna be the most prepared. 104 00:08:41,260 --> 00:08:42,927 So just stand up and say what you know. 105 00:08:42,929 --> 00:08:44,495 At a place like this, that's all that matters. 106 00:08:44,497 --> 00:08:47,231 In my experience, even small mistakes 107 00:08:47,233 --> 00:08:49,634 are glaring when you stick out. 108 00:08:49,636 --> 00:08:52,272 Well, then you're very lucky. 109 00:08:53,873 --> 00:08:56,774 Because you... 110 00:08:56,776 --> 00:08:59,878 are very... short. 111 00:09:11,592 --> 00:09:13,227 Oh, yeah? 112 00:09:19,333 --> 00:09:20,801 Yeah. 113 00:09:22,403 --> 00:09:23,837 Well... 114 00:09:23,839 --> 00:09:26,573 why don't you come down here 115 00:09:26,575 --> 00:09:29,276 and say that to my face. 116 00:09:53,435 --> 00:09:56,506 Mrs. Ginsburg. 117 00:10:13,857 --> 00:10:15,456 I am Professor Brown. 118 00:10:15,458 --> 00:10:18,660 This is Introduction to Contracts. 119 00:10:18,662 --> 00:10:20,931 Hawkins versus McGee. 120 00:10:21,865 --> 00:10:24,368 State the case, please... 121 00:10:33,945 --> 00:10:35,512 Mr. Pruitt. 122 00:10:37,314 --> 00:10:38,981 Uh, good morning. I'm Donald Pruitt. 123 00:10:38,983 --> 00:10:40,616 I'm really honored to be here... 124 00:10:40,618 --> 00:10:42,452 Hawkins v. McGee. 125 00:10:42,454 --> 00:10:44,454 Uh, yeah, Hawkins versus McGee, it-it's a fascinating, 126 00:10:44,456 --> 00:10:46,789 uh, breach of contract case where, um... 127 00:10:46,791 --> 00:10:49,792 oh, uh, Charles Hawkins hurt his hand, and McGee had... 128 00:10:49,794 --> 00:10:51,963 Can someone help him, please? 129 00:10:59,805 --> 00:11:02,240 Mr. Fitzpatrick. 130 00:11:03,676 --> 00:11:05,709 It was Charles's son who hurt his hand. 131 00:11:05,711 --> 00:11:07,911 - Electrocution burn. - And at what point 132 00:11:07,913 --> 00:11:09,780 does the case turn, Mr. Fitzpatrick? 133 00:11:09,782 --> 00:11:13,450 McGee promised to fix the hand by performing a skin graft, 134 00:11:13,452 --> 00:11:15,786 but McGee wasn't very familiar with the procedure, 135 00:11:15,788 --> 00:11:19,258 and the results weren't quite what he planned. 136 00:11:21,795 --> 00:11:23,695 Question already, Mrs.... 137 00:11:23,697 --> 00:11:25,697 - Ginsburg. - Correction, Professor Brown. 138 00:11:25,699 --> 00:11:29,399 McGee did not simply promise to fix George Hawkins' hand. 139 00:11:29,401 --> 00:11:32,704 He promised, quote, "a 100% good hand." 140 00:11:32,706 --> 00:11:35,473 - That's the same thing. - Is it? 141 00:11:35,475 --> 00:11:37,909 What say you, Mrs. Ginsburg? 142 00:11:37,911 --> 00:11:39,644 It is not. 143 00:11:39,646 --> 00:11:41,080 Words matter. 144 00:11:41,082 --> 00:11:43,648 McGee grafted skin from Hawkins' chest. 145 00:11:43,650 --> 00:11:46,018 Not only did this fail to fix the scarring, 146 00:11:46,020 --> 00:11:48,486 he had chest hair growing on his palm. 147 00:11:48,488 --> 00:11:50,956 Proving that a hand with a burn is worth two with a bush. 148 00:11:52,994 --> 00:11:55,728 The court denied Hawkins' damages. 149 00:11:55,730 --> 00:11:57,096 Hawkins did get damages... the court said 150 00:11:57,098 --> 00:11:58,831 - he could have... - If I may finish. 151 00:11:58,833 --> 00:12:02,835 Hawkins was denied damages for pain and suffering. 152 00:12:02,837 --> 00:12:04,403 The New Hampshire Supreme Court 153 00:12:04,405 --> 00:12:06,106 ruled he was entitled to damages 154 00:12:06,108 --> 00:12:09,011 only based on the contract being fulfilled. 155 00:12:10,545 --> 00:12:12,913 So if Dr. McGee had set realistic expectations 156 00:12:12,915 --> 00:12:14,648 instead of making grand promises, 157 00:12:14,650 --> 00:12:17,753 Hawkins' award likely would have been less. 158 00:12:20,722 --> 00:12:25,492 Was that an answer, Mrs. Ginsburg, or a filibuster? 159 00:12:31,034 --> 00:12:33,100 Mm. 160 00:12:33,102 --> 00:12:36,704 Mm. 161 00:12:36,706 --> 00:12:38,438 - Movie. - Movie. 162 00:12:38,440 --> 00:12:39,907 - Four words. - Four words. 163 00:12:39,909 --> 00:12:41,408 - Second word. - Second word. 164 00:12:41,410 --> 00:12:42,710 - Seven? - Seven. 165 00:12:42,712 --> 00:12:44,514 - Uh-oh. - Fourth word. - Fourth word. 166 00:12:45,849 --> 00:12:48,183 - - Oh! Monkey! - Oh! Gorilla! Monkey business. 167 00:12:48,185 --> 00:12:50,118 - Uh, ape! - Monkey. Monkey. 168 00:12:50,120 --> 00:12:51,886 Ape. Uh... 169 00:12:51,888 --> 00:12:53,421 - Ooh. - Monkey on my back. 170 00:12:55,960 --> 00:12:57,525 Second word, seven. Seven... 171 00:12:57,527 --> 00:12:58,794 Seven... Seven Brides for Seven Brothers? 172 00:12:58,796 --> 00:13:00,662 What does that have to do with monkeys? 173 00:13:00,664 --> 00:13:03,497 - And... - Seven... - Oh, oh, The Seven Year Itch! 174 00:13:03,499 --> 00:13:05,200 - Time! - Yes! 175 00:13:07,638 --> 00:13:10,606 Ruthless Ruthy strikes again. 176 00:13:10,608 --> 00:13:12,608 Okay, next round's riding on you. 177 00:13:12,610 --> 00:13:13,976 - Don't worry, he's very good. - All right. 178 00:13:13,978 --> 00:13:15,544 Thank God, because she actually 179 00:13:15,546 --> 00:13:17,713 broke up with someone for being bad at charades. 180 00:13:17,715 --> 00:13:20,216 - You didn't, really? - Well, it was a manifestation 181 00:13:20,218 --> 00:13:21,851 of his being an idiot. 182 00:13:21,853 --> 00:13:23,786 - See? - Don't worry, I'm comfortable 183 00:13:23,788 --> 00:13:25,587 - being smarter than you. - Oh, thank you. 184 00:13:25,589 --> 00:13:28,057 - All right, everybody ready? - Oh. 185 00:13:28,059 --> 00:13:29,826 - Uh, song. - A song. - Um... 186 00:13:31,529 --> 00:13:33,897 - Uh, Buddy Holly? Uh... - Uh, Bill Haley? 187 00:13:33,899 --> 00:13:35,632 By Elvis. 188 00:13:35,634 --> 00:13:36,699 Uh, three words. 189 00:13:36,701 --> 00:13:39,069 - First word. - Uh, first word. 190 00:13:39,071 --> 00:13:40,570 Uh... 191 00:13:40,572 --> 00:13:41,738 - Uh, table. Um... - A glass? 192 00:13:41,740 --> 00:13:42,672 - Um... - A book! 193 00:13:42,674 --> 00:13:43,806 - Um, uh... - Reading! 194 00:13:43,808 --> 00:13:45,175 Uh, blue! 195 00:13:45,177 --> 00:13:47,211 - Ah! "Blueberry Hill"? - No, that's Fats Domino. 196 00:13:47,213 --> 00:13:49,213 Uh, third word, third word. Floor. 197 00:13:49,215 --> 00:13:50,881 - Carpet. - Dancing? 198 00:13:50,883 --> 00:13:53,884 - Nice moves. - Oh. Ow. Ow. Hold on. 199 00:13:53,886 --> 00:13:56,687 - Oh, no sound effects. - Oh. Oh, "Bl-Blue Suede Shoes." 200 00:13:56,689 --> 00:14:00,024 - Come on, Marty, you're a lightweight. - Marty? 201 00:14:00,026 --> 00:14:02,526 Marty. 202 00:14:02,528 --> 00:14:06,097 - Help! Help! - Is he all right? - Someone get some help! 203 00:14:13,707 --> 00:14:16,209 The doctor's ready to see you now. 204 00:14:46,074 --> 00:14:47,907 Excuse me. 205 00:14:47,909 --> 00:14:49,744 Just a moment, please. 206 00:14:52,181 --> 00:14:54,014 - Excuse me, I just need... - Just a moment. 207 00:14:54,016 --> 00:14:55,851 I need to make a call. 208 00:14:57,252 --> 00:15:00,020 Yes. Uh, can we have the results today? 209 00:15:00,022 --> 00:15:01,888 E-Excuse me. 210 00:15:01,890 --> 00:15:04,291 Doctor, um, you examined my husband. 211 00:15:04,293 --> 00:15:07,160 I'm wondering when you think he'll be able to leave. 212 00:15:07,162 --> 00:15:08,729 I need to call the sitter. I... 213 00:15:08,731 --> 00:15:10,331 What's the patient's name? 214 00:15:10,333 --> 00:15:12,966 - Martin Ginsburg. - Right. 215 00:15:12,968 --> 00:15:14,168 Ginsburg. 216 00:15:15,771 --> 00:15:17,904 Yeah, he's not going home today. 217 00:15:17,906 --> 00:15:20,509 - Excuse me? - We have more tests to run. 218 00:15:21,244 --> 00:15:23,177 Wha... What kind of tests? 219 00:15:23,179 --> 00:15:25,880 - Various kinds. He's gonna be with us a while. - What tests? 220 00:15:25,882 --> 00:15:29,250 - I need to see him. - Just go home, get some rest. 221 00:15:29,252 --> 00:15:31,052 We'll know more in a few days. 222 00:15:31,054 --> 00:15:33,189 Now, if you'll excuse me. 223 00:15:36,760 --> 00:15:39,196 How is he? 224 00:15:40,131 --> 00:15:41,765 Fine. 225 00:15:50,274 --> 00:15:53,010 Call anytime, okay? 226 00:15:56,680 --> 00:15:59,815 Bye. 227 00:16:49,936 --> 00:16:52,937 - Hi. - Hi. 228 00:16:57,377 --> 00:17:00,613 At least you got a break from my cooking. 229 00:17:04,885 --> 00:17:06,351 Afternoon. 230 00:17:06,353 --> 00:17:08,755 - Hey, Doc. - Dr. Leadbetter. 231 00:17:11,925 --> 00:17:13,894 It's as we feared. 232 00:17:15,130 --> 00:17:18,898 Marty, you're young, and we caught it early. 233 00:17:18,900 --> 00:17:21,434 We've pioneered a new treatment here. 234 00:17:21,436 --> 00:17:23,736 It entails numerous surgeries, 235 00:17:23,738 --> 00:17:26,038 each followed by a course of radiation. 236 00:17:26,040 --> 00:17:29,476 There's a chance you can go on to a healthy, happy life, 237 00:17:29,478 --> 00:17:31,344 as if none of this had happened. 238 00:17:31,346 --> 00:17:34,247 Wha... What kind of a chance? 239 00:17:34,249 --> 00:17:38,320 Dr. Leadbetter, we'd rather know what we're facing. 240 00:17:39,787 --> 00:17:42,122 The survival rate for testicular cancer 241 00:17:42,124 --> 00:17:44,024 has been about five percent. 242 00:17:46,195 --> 00:17:48,962 Thanks for the honesty. 243 00:17:48,964 --> 00:17:50,464 I think. 244 00:17:50,466 --> 00:17:52,034 I'll let you two talk. 245 00:18:31,509 --> 00:18:35,244 We're never giving up. 246 00:18:35,246 --> 00:18:38,514 You keep working. 247 00:18:38,516 --> 00:18:40,849 Keep studying. 248 00:18:40,851 --> 00:18:43,054 Jane will have her father. 249 00:18:44,322 --> 00:18:47,758 You will be a lawyer. 250 00:18:48,926 --> 00:18:52,329 I am spending my life with you, Martin Ginsburg. 251 00:19:13,919 --> 00:19:16,420 Judicial consistency. 252 00:19:16,422 --> 00:19:21,459 The doctrine of stare decisis comes from English common law, 253 00:19:21,461 --> 00:19:23,127 which also provides 254 00:19:23,129 --> 00:19:24,495 the first examples 255 00:19:24,497 --> 00:19:26,964 of circumstances where precedents 256 00:19:26,966 --> 00:19:30,034 - may be overturned. - Excuse me. 257 00:19:30,036 --> 00:19:32,537 - Judges are bound... - Thank you. 258 00:19:32,539 --> 00:19:35,840 Excuse me. May I help you? 259 00:19:35,842 --> 00:19:38,976 Um, I'm, uh, Martin Ginsburg's wife. 260 00:19:38,978 --> 00:19:42,114 I'll be a... attending his classes for him. 261 00:19:42,116 --> 00:19:44,549 In addition to your own? 262 00:19:44,551 --> 00:19:46,285 Yes... 263 00:19:46,287 --> 00:19:48,253 Professor Freund. 264 00:19:54,028 --> 00:19:57,463 Judges are bound by precedence, 265 00:19:57,465 --> 00:20:01,167 but they cannot ignore cultural change. 266 00:20:01,169 --> 00:20:04,936 A court ought not be affected by the weather of the day, 267 00:20:04,938 --> 00:20:08,076 but will be by the climate of the era. 268 00:20:10,345 --> 00:20:12,345 Wait, wait, wait. 269 00:20:12,347 --> 00:20:14,347 Say that last part again. 270 00:20:14,349 --> 00:20:18,552 "A court ought not be affected by the weather of the day, 271 00:20:18,554 --> 00:20:21,890 but will be by the climate of the era." 272 00:20:24,627 --> 00:20:27,096 And you're sure he said that? 273 00:20:29,632 --> 00:20:31,200 Of course. 274 00:20:32,268 --> 00:20:33,903 Of course. 275 00:20:37,506 --> 00:20:40,042 The law is never finished. 276 00:20:41,310 --> 00:20:45,580 It is a work in progress... 277 00:20:45,582 --> 00:20:47,981 and ever will be. 278 00:20:47,983 --> 00:20:51,386 Brown v. the Board of Education... 279 00:20:51,388 --> 00:20:54,122 parentheses, 1954, 280 00:20:54,124 --> 00:20:57,258 was the most revolutionary... 281 00:20:57,260 --> 00:20:59,994 Supreme Court case... 282 00:20:59,996 --> 00:21:01,630 in the last century. 283 00:21:05,268 --> 00:21:07,969 Representing Oliver Brown, 284 00:21:07,971 --> 00:21:10,238 et al.... 285 00:21:10,240 --> 00:21:12,140 Thurgood Marshall... 286 00:21:12,142 --> 00:21:14,943 - I'm not listening. - ...educated the court... 287 00:21:28,159 --> 00:21:29,493 Come on, Jane. 288 00:21:29,495 --> 00:21:32,063 That's it. Come on, sweetie. 289 00:21:47,246 --> 00:21:48,647 Okay. 290 00:23:05,160 --> 00:23:07,093 One, two, three, 291 00:23:07,095 --> 00:23:08,529 whoo! 292 00:23:08,531 --> 00:23:10,531 One, two, three, 293 00:23:10,533 --> 00:23:12,065 whoo! 294 00:23:12,067 --> 00:23:14,134 Should we give Daddy a rest? 295 00:23:14,136 --> 00:23:17,204 One day, this little angel's gonna slam the door in our face 296 00:23:17,206 --> 00:23:20,109 and tell us we're ruining her life. 297 00:23:21,277 --> 00:23:23,712 I should have never taken the job. 298 00:23:23,714 --> 00:23:25,446 It's a great firm, 299 00:23:25,448 --> 00:23:29,518 and New York is the center of the legal universe. 300 00:23:29,520 --> 00:23:31,087 You earned it. 301 00:23:31,822 --> 00:23:33,287 You earned it. 302 00:23:33,289 --> 00:23:35,824 I barely survived it. 303 00:23:35,826 --> 00:23:39,094 I just don't want to be away from you and Jane. 304 00:23:39,096 --> 00:23:41,162 You won't be. 305 00:23:41,164 --> 00:23:43,164 I won't allow it. 306 00:23:43,166 --> 00:23:46,069 I'll convince him. 307 00:23:47,504 --> 00:23:48,838 Say, "Good luck, Mommy." 308 00:23:48,840 --> 00:23:50,840 - Good luck, Mommy. - See you later. 309 00:23:50,842 --> 00:23:53,308 You want a Harvard law degree, 310 00:23:53,310 --> 00:23:56,781 though you plan to finish your coursework at Columbia? 311 00:23:57,849 --> 00:24:00,349 You would do well, Mrs. Ginsburg, 312 00:24:00,351 --> 00:24:03,386 to remember how fortunate you are to be here. 313 00:24:03,388 --> 00:24:06,890 Dean Griswold, between the first and third year 314 00:24:06,892 --> 00:24:09,625 of law school, which is the more substantive, 315 00:24:09,627 --> 00:24:11,360 the more critical? 316 00:24:11,362 --> 00:24:13,462 - The first, of course. - Yet when someone 317 00:24:13,464 --> 00:24:15,331 transfers in as a second-year student, 318 00:24:15,333 --> 00:24:17,601 having taken those more important classes elsewhere, 319 00:24:17,603 --> 00:24:19,302 he's allowed a degree. 320 00:24:19,304 --> 00:24:21,505 - That's irrelevant. - I've been here two years. 321 00:24:21,507 --> 00:24:23,340 I'm first in my class. 322 00:24:23,342 --> 00:24:26,910 There is no reason your husband cannot provide for you 323 00:24:26,912 --> 00:24:29,813 while you and the child remain in Cambridge. 324 00:24:29,815 --> 00:24:31,883 Last year, John Sumner was allowed 325 00:24:31,885 --> 00:24:34,151 to finish his coursework at Baltimore. 326 00:24:34,153 --> 00:24:36,888 - Three years ago, Roy Paxton... - Very different cases. 327 00:24:36,890 --> 00:24:38,890 - How are they different? - Mrs. Ginsburg, 328 00:24:38,892 --> 00:24:42,529 you have no compelling need to transfer. 329 00:24:45,230 --> 00:24:47,567 Marty could relapse. 330 00:24:48,802 --> 00:24:50,535 He beat the odds, 331 00:24:50,537 --> 00:24:54,507 but the doctors say it could happen at any time. 332 00:24:57,778 --> 00:25:00,645 Dean Griswold... 333 00:25:00,647 --> 00:25:03,516 this is my family. 334 00:25:05,453 --> 00:25:07,318 Nonetheless... 335 00:25:07,320 --> 00:25:10,389 we each have our responsibilities, 336 00:25:10,391 --> 00:25:12,858 and mine is to protect the distinction 337 00:25:12,860 --> 00:25:15,294 of a Harvard law degree. 338 00:25:15,296 --> 00:25:17,865 I can't force you to stay. 339 00:25:19,333 --> 00:25:22,570 But I won't reward you for leaving, either. 340 00:26:36,313 --> 00:26:38,313 Jesus, Mary and Joseph. 341 00:26:38,315 --> 00:26:40,049 Graduating top of your class. 342 00:26:40,051 --> 00:26:41,851 Law Review at Harvard... 343 00:26:41,853 --> 00:26:43,351 and Columbia. 344 00:26:43,353 --> 00:26:45,354 I didn't even know that was possible. 345 00:26:45,356 --> 00:26:46,956 Thank you, Mr. Greene. 346 00:26:46,958 --> 00:26:48,491 I've worked hard. 347 00:26:48,493 --> 00:26:50,493 Well, you want some white-shoe firm. 348 00:26:50,495 --> 00:26:52,862 Big money cases, complex legal maneuvers... 349 00:26:52,864 --> 00:26:56,466 No, I think Bibler and Greene is the perfect fit. 350 00:26:56,468 --> 00:26:59,635 - You handled the Mercer bankruptcy last year. - Come on. 351 00:26:59,637 --> 00:27:01,504 How many have you been to? 352 00:27:01,506 --> 00:27:03,874 They all turned you down, right? How many? 353 00:27:03,876 --> 00:27:06,311 Maybe ten? 354 00:27:07,780 --> 00:27:09,513 Twelve. 355 00:27:09,515 --> 00:27:12,049 A woman, a mother, and a Jew to boot. 356 00:27:12,051 --> 00:27:15,419 I'm surprised that many let you through the door. 357 00:27:15,421 --> 00:27:18,022 One sent me to interview for the secretarial pool. 358 00:27:18,024 --> 00:27:20,324 Another told me I'd be 359 00:27:20,326 --> 00:27:22,526 too busy at bake sales to be effective. 360 00:27:22,528 --> 00:27:25,529 One partner closes his clients in the locker room at his club, 361 00:27:25,531 --> 00:27:28,398 so he said I'd be out of the loop. 362 00:27:28,400 --> 00:27:31,402 Last week, I was told women are too emotional to be lawyers. 363 00:27:31,404 --> 00:27:33,538 Then that same afternoon, that a... a woman graduating 364 00:27:33,540 --> 00:27:35,940 top of her class must be a real ballbuster 365 00:27:35,942 --> 00:27:37,609 and wouldn't make a good colleague. 366 00:27:37,611 --> 00:27:40,079 I was asked when I'd have my next baby. 367 00:27:40,081 --> 00:27:42,016 And whether I keep Shabbat. 368 00:27:43,383 --> 00:27:45,416 One interviewer told me I had a sterling résumé, 369 00:27:45,418 --> 00:27:46,819 but they hired a woman last year, 370 00:27:46,821 --> 00:27:49,655 and what in the world would they want with two of us? 371 00:27:49,657 --> 00:27:50,725 You must be livid. 372 00:27:52,359 --> 00:27:55,728 Well, my mother told me not to give way to emotions. 373 00:27:55,730 --> 00:27:57,429 Bullshit. 374 00:27:57,431 --> 00:28:00,499 You're angry. Good. Use it. 375 00:28:00,501 --> 00:28:03,035 I have to say, Mrs. Ginsburg, 376 00:28:03,037 --> 00:28:04,971 I'm very impressed. 377 00:28:04,973 --> 00:28:06,438 Mr. Greene... 378 00:28:06,440 --> 00:28:08,507 I want to be a lawyer. 379 00:28:08,509 --> 00:28:10,911 I want to represent clients before the court 380 00:28:10,913 --> 00:28:12,444 in pursuit of justice. 381 00:28:12,446 --> 00:28:15,782 You can see I-I worked hard through school, I... 382 00:28:15,784 --> 00:28:18,585 I did everything I was supposed to, and I excelled. 383 00:28:18,587 --> 00:28:21,390 I swear it, I'll do the same for you. 384 00:28:31,500 --> 00:28:34,735 The fact is that, you know, we're a-a... 385 00:28:34,737 --> 00:28:38,005 close-knit firm, almost like family, 386 00:28:38,007 --> 00:28:39,709 and, uh... 387 00:28:42,745 --> 00:28:45,479 ...the wives... 388 00:28:45,481 --> 00:28:47,817 they get jealous. 389 00:29:17,815 --> 00:29:21,550 The prince would marry her 390 00:29:21,552 --> 00:29:24,789 whose foot would fit the little slipper. 391 00:29:26,057 --> 00:29:28,191 Kiki? 392 00:29:28,193 --> 00:29:31,060 - Hey! Kik! - First, he tried it on the... 393 00:29:31,062 --> 00:29:33,062 - Where is everybody? - ...princess. 394 00:29:33,064 --> 00:29:34,697 Oh, hi. 395 00:29:34,699 --> 00:29:36,132 Hello, sweet pea. 396 00:29:36,134 --> 00:29:37,167 Come here. 397 00:29:37,169 --> 00:29:39,069 How was your day? Hmm? 398 00:29:39,071 --> 00:29:40,670 I missed you. 399 00:29:40,672 --> 00:29:43,908 Did you have a nice day? 400 00:29:43,910 --> 00:29:45,876 Did you get the job? 401 00:29:45,878 --> 00:29:47,745 You got the job. 402 00:29:47,747 --> 00:29:48,779 That's wonderful. 403 00:29:48,781 --> 00:29:51,148 Oh! So they're gonna give you a corner office, 404 00:29:51,150 --> 00:29:53,684 or are you still gonna have to jump through some hoops? 405 00:29:53,686 --> 00:29:55,819 It's not at Bibler and Greene. 406 00:29:55,821 --> 00:29:58,689 I wasn't what they were looking for. 407 00:29:58,691 --> 00:29:59,790 That's okay. 408 00:29:59,792 --> 00:30:02,160 I told you one of those other firms would come back. 409 00:30:02,162 --> 00:30:03,562 Which one was it? 410 00:30:04,897 --> 00:30:08,233 Clyde Ferguson left his professorship at Rutgers. 411 00:30:08,235 --> 00:30:10,501 - Kiki... - They haven't found 412 00:30:10,503 --> 00:30:11,970 another black man to replace him, 413 00:30:11,972 --> 00:30:15,974 so someone thought a woman would be the next best thing. 414 00:30:23,083 --> 00:30:25,517 - Good news. - You can't quit. 415 00:30:25,519 --> 00:30:28,187 There are more firms out there. This is the biggest city 416 00:30:28,189 --> 00:30:30,622 in the most litigious country in the history of the planet. 417 00:30:30,624 --> 00:30:33,259 - You can still... - Marty, I got a job. 418 00:30:33,261 --> 00:30:35,895 Just open the champagne. 419 00:30:40,668 --> 00:30:41,869 Okay. 420 00:30:43,104 --> 00:30:45,907 Okay. Then let's celebrate. 421 00:30:53,182 --> 00:30:55,683 Marriage of Figaro. 422 00:31:01,757 --> 00:31:04,124 You know what I think? I think this is good. 423 00:31:04,126 --> 00:31:05,759 I think it's better. 424 00:31:05,761 --> 00:31:08,028 You won't be beholden to any firm, 425 00:31:08,030 --> 00:31:10,764 you won't have a partner breathing down your neck, 426 00:31:10,766 --> 00:31:13,234 and also, a professor is free to represent 427 00:31:13,236 --> 00:31:15,669 any client she chooses. 428 00:31:15,671 --> 00:31:17,671 As long as they don't mind a lawyer 429 00:31:17,673 --> 00:31:20,908 - who's never actually practiced law. - Well... 430 00:31:20,910 --> 00:31:24,045 all I have to say is, 431 00:31:24,047 --> 00:31:26,282 hooray for Mommy. 432 00:31:28,151 --> 00:31:30,520 Cheers. 433 00:31:31,888 --> 00:31:33,788 Hooray for Mommy. 434 00:31:36,593 --> 00:31:38,928 Hooray for Mommy. 435 00:31:54,345 --> 00:31:56,278 Hell no, we won't go! 436 00:31:56,280 --> 00:31:58,281 Hell no, we won't go! 437 00:31:58,283 --> 00:31:59,282 Hell no, we won't go... 438 00:32:07,691 --> 00:32:10,760 No! 439 00:32:10,762 --> 00:32:12,662 Vietnam! 440 00:32:12,664 --> 00:32:14,831 And now they're telling us 441 00:32:14,833 --> 00:32:16,833 there's gonna be no prosecution! 442 00:32:16,835 --> 00:32:19,135 - No! - No! - Are we gonna stand for that? 443 00:32:19,137 --> 00:32:20,203 No! 444 00:32:20,205 --> 00:32:22,138 Are we gonna die in Vietnam? 445 00:32:22,140 --> 00:32:23,873 - No! - No! 446 00:32:23,875 --> 00:32:27,178 Hell no, we won't go! Hell no, we won't go! 447 00:32:27,180 --> 00:32:28,979 Hell no, we won't go! 448 00:32:28,981 --> 00:32:31,951 Hell no, we won't go! Hell no! 449 00:32:43,663 --> 00:32:46,097 I am Professor Ginsburg. 450 00:32:46,099 --> 00:32:49,334 This is Sex Discrimination and the Law. 451 00:32:49,336 --> 00:32:51,836 Some of my colleagues will tell you 452 00:32:51,838 --> 00:32:54,239 that sex discrimination doesn't exist, 453 00:32:54,241 --> 00:32:56,441 that I may as well be teaching 454 00:32:56,443 --> 00:32:58,810 the legal rights of gnomes and fairies. 455 00:32:58,812 --> 00:33:02,749 We'll see if they're right. 456 00:33:03,684 --> 00:33:05,217 Hoyt versus Florida. 457 00:33:05,219 --> 00:33:08,053 State the facts, please, Miss... 458 00:33:08,055 --> 00:33:10,055 Valentin. 459 00:33:10,057 --> 00:33:11,890 Gwendolyn Hoyt was a housewife, 460 00:33:11,892 --> 00:33:14,360 and her husband was this asshole. 461 00:33:14,362 --> 00:33:16,828 Can you recall the specifics? 462 00:33:16,830 --> 00:33:18,830 He cheated on her. He choked her. 463 00:33:18,832 --> 00:33:21,733 He'd rip off her clothes and threaten to kill her. 464 00:33:21,735 --> 00:33:25,171 So in statutory terms, he was a "real asshole." 465 00:33:26,441 --> 00:33:28,074 On the night in question, 466 00:33:28,076 --> 00:33:31,978 Clarence told his wife that he'd met another woman 467 00:33:31,980 --> 00:33:33,913 and he was leaving her. 468 00:33:33,915 --> 00:33:36,916 How did Hoyt respond, Miss... Burton? 469 00:33:36,918 --> 00:33:39,919 She smashed in his skull with a baseball bat, 470 00:33:39,921 --> 00:33:43,957 then called an ambulance while he was dying. 471 00:33:43,959 --> 00:33:47,895 A jury convicted Hoyt of second-degree murder. 472 00:33:47,897 --> 00:33:50,130 And that's where our story begins. 473 00:33:50,132 --> 00:33:52,833 A great civil rights lawyer 474 00:33:52,835 --> 00:33:55,335 took up Hoyt's appeal. 475 00:33:55,337 --> 00:33:57,971 Dorothy... 476 00:33:57,973 --> 00:33:59,442 Kenyon. 477 00:34:01,944 --> 00:34:04,745 On what grounds, Miss... Roemer? 478 00:34:04,747 --> 00:34:07,081 The Florida's juries violated the U.S. Constitution, 479 00:34:07,083 --> 00:34:09,083 'cause there were only men on them. 480 00:34:09,085 --> 00:34:12,120 Kenyon said that if there were women on it, 481 00:34:12,122 --> 00:34:14,255 Hoyt may have been convicted of a lesser crime, 482 00:34:14,257 --> 00:34:16,958 - like manslaughter. - That law makes sense, though. 483 00:34:16,960 --> 00:34:19,360 Uh, women can't take care of their kids 484 00:34:19,362 --> 00:34:21,262 if they're on some sequestered jury. 485 00:34:21,264 --> 00:34:22,830 - Oh, is that so? - What? - Excuse me? 486 00:34:22,832 --> 00:34:24,300 What? Men are the mammoth hunters. 487 00:34:24,302 --> 00:34:26,202 You're never getting laid again. 488 00:34:26,204 --> 00:34:28,137 - What about women who don't have children? - Yeah. 489 00:34:28,139 --> 00:34:30,206 - Or they're out of the house? - Let the man stay home 490 00:34:30,208 --> 00:34:32,141 and take care of his children. 491 00:34:32,143 --> 00:34:33,475 Hey, don't take it out on me. 492 00:34:33,477 --> 00:34:35,077 I'm not holding my fiancée back. 493 00:34:35,079 --> 00:34:37,279 - She's got two jobs. - Which... 494 00:34:37,281 --> 00:34:40,051 she can be fired from just for marrying you. 495 00:34:41,252 --> 00:34:43,352 The law allows it. 496 00:34:43,354 --> 00:34:45,254 There are laws that say 497 00:34:45,256 --> 00:34:46,989 women can't work overtime. 498 00:34:46,991 --> 00:34:50,460 And that a... a woman's social security benefits, 499 00:34:50,462 --> 00:34:52,028 unlike her husband's, 500 00:34:52,030 --> 00:34:54,863 don't provide for her family after death. 501 00:34:54,865 --> 00:34:57,133 - What? That's bullshit! - Excuse me? - Crazy. 502 00:34:57,135 --> 00:35:00,870 Ten years ago, Dorothy Kenyon asked a question: 503 00:35:00,872 --> 00:35:03,873 If the law differentiates on the basis of sex, 504 00:35:03,875 --> 00:35:07,177 then how will women and men ever become equals? 505 00:35:07,179 --> 00:35:09,179 And the Supreme Court answered: 506 00:35:09,181 --> 00:35:11,181 They won't. 507 00:35:11,183 --> 00:35:12,949 Hoyt lost her appeal. 508 00:35:12,951 --> 00:35:15,286 The decision was unanimous. 509 00:35:15,288 --> 00:35:20,424 Discrimination on the basis of sex is legal. 510 00:35:33,906 --> 00:35:35,507 Here, stir that in. 511 00:35:35,509 --> 00:35:37,942 Mmm, Daddy, that's not how you do it. 512 00:35:37,944 --> 00:35:40,412 - Oh, really? - If you put the herbs in too early, 513 00:35:40,414 --> 00:35:42,147 they lose all their punch. 514 00:35:42,149 --> 00:35:44,049 Well, they're not supposed to pummel each other, Jane. 515 00:35:44,051 --> 00:35:46,118 They're supposed to complement each other, and that is why 516 00:35:46,120 --> 00:35:48,186 - it's called "marrying the flavors." - We're home! 517 00:35:48,188 --> 00:35:50,155 - Hi! - Daddy! 518 00:35:50,157 --> 00:35:51,456 Buddy! 519 00:35:51,458 --> 00:35:53,125 - How was your day? - Good. 520 00:35:53,127 --> 00:35:55,093 - Did you have a good day at school? - Uh-huh. 521 00:35:55,095 --> 00:35:56,995 What'd you learn? Anything exciting? 522 00:35:56,997 --> 00:35:58,864 - Not really. - No? - Hi. 523 00:35:58,866 --> 00:36:00,932 - Hi. - Hi. 524 00:36:00,934 --> 00:36:03,336 - Jane. - Hey, Mom. 525 00:36:03,338 --> 00:36:05,538 How's this year's class? 526 00:36:05,540 --> 00:36:08,341 Oh, these kids are so passionate. 527 00:36:08,343 --> 00:36:12,078 To them, it's about more than precedents and dissents. 528 00:36:12,080 --> 00:36:14,581 - They want to forge a movement. - That's great. 529 00:36:14,583 --> 00:36:16,482 Mmm. This is delicious. 530 00:36:16,484 --> 00:36:18,419 Don't act so surprised. 531 00:36:18,421 --> 00:36:19,886 Jane? 532 00:36:19,888 --> 00:36:23,390 I got a call from your school today. 533 00:36:23,392 --> 00:36:26,293 Apparently, I misdated a note 534 00:36:26,295 --> 00:36:28,095 excusing you from classes 535 00:36:28,097 --> 00:36:29,963 - last week. - It's not a big deal. 536 00:36:29,965 --> 00:36:31,532 Oh, well, problem solved, then, right? 537 00:36:31,534 --> 00:36:32,633 You skipped school. 538 00:36:32,635 --> 00:36:34,168 It's... it's the first week. 539 00:36:34,170 --> 00:36:35,969 Is... is this what this year's gonna be like? 540 00:36:35,971 --> 00:36:38,138 - And you lied to the school. - I never lied. 541 00:36:38,140 --> 00:36:40,107 No, forging a note is lying, Jane. 542 00:36:40,109 --> 00:36:41,977 You're smart enough to know that. 543 00:36:42,912 --> 00:36:44,512 Well, apparently I'm not, Mom. 544 00:36:47,217 --> 00:36:50,118 Don't forget we have that party tonight. Not you. 545 00:36:50,120 --> 00:36:51,686 - Jane. - You're staying right here with me. 546 00:36:51,688 --> 00:36:54,189 - I apologize, okay? - I want to know where you were. 547 00:36:54,191 --> 00:36:57,392 Denise and I went to a rally to hear Gloria Steinem speak. 548 00:36:57,394 --> 00:36:59,327 What? 549 00:36:59,329 --> 00:37:01,529 Gloria Steinem. She's a writer. 550 00:37:01,531 --> 00:37:03,131 She just started her own magazine. 551 00:37:03,133 --> 00:37:04,633 She testified in the Senate about... 552 00:37:04,635 --> 00:37:06,935 Yeah, I know who Gloria Steinem is. 553 00:37:06,937 --> 00:37:09,137 What if you got hurt or arrested? 554 00:37:09,139 --> 00:37:11,106 Mom, it's a rally, not a riot. 555 00:37:11,108 --> 00:37:12,475 Jane, these things can get out of hand. 556 00:37:12,477 --> 00:37:14,577 Okay, well, I'm 15 years old, and you don't need 557 00:37:14,579 --> 00:37:16,278 - to control every minute of my life. - Yes, I do. 558 00:37:16,280 --> 00:37:18,280 That is my job. And your job is to go to school and learn. 559 00:37:18,282 --> 00:37:21,150 Well, Gloria says we need to unlearn the status quo. 560 00:37:21,152 --> 00:37:23,686 Oh, so you're on a first-name basis now? 561 00:37:23,688 --> 00:37:25,354 You know what, Mom? 562 00:37:25,356 --> 00:37:27,423 If you want to sit around with your students and talk 563 00:37:27,425 --> 00:37:29,693 - about how shitty it is to be a girl... - Hey. Language. 564 00:37:29,695 --> 00:37:31,293 But don't pretend it's a movement, okay? 565 00:37:31,295 --> 00:37:34,096 It's not a movement if everyone's just sitting. 566 00:37:34,098 --> 00:37:37,302 - That's a support group. - Jane, that's enough. 567 00:37:40,038 --> 00:37:42,239 We should get going. 568 00:37:42,241 --> 00:37:44,576 Yeah, go make yourself pretty for Daddy's party. 569 00:37:46,211 --> 00:37:48,311 You know what? Go to your room. 570 00:37:48,313 --> 00:37:50,182 Fine. 571 00:37:52,351 --> 00:37:54,017 No, no, it's well known. 572 00:37:54,019 --> 00:37:56,587 Tax is the only genuinely funny area of the law. 573 00:37:56,589 --> 00:37:59,122 I think most of us just want careers that have 574 00:37:59,124 --> 00:38:02,193 - a little more, uh, impact. - Hmm. 575 00:38:02,195 --> 00:38:04,195 You know, young people in Sweden these days 576 00:38:04,197 --> 00:38:05,763 - aren't getting married? - Really? 577 00:38:05,765 --> 00:38:07,365 It's true. They're getting engaged. 578 00:38:07,367 --> 00:38:11,035 - Hmm. - They're still living together. 579 00:38:11,037 --> 00:38:13,037 They're still having kids, raising a family. 580 00:38:13,039 --> 00:38:15,206 But they're not getting married. You know why? 581 00:38:15,208 --> 00:38:17,375 They can have sex without it. 582 00:38:19,613 --> 00:38:23,147 - It's because of taxes. - Mm-hmm. - Ah. 583 00:38:23,149 --> 00:38:25,451 That's true. After the war, Sweden passed a law that said 584 00:38:25,453 --> 00:38:28,287 married couples will now file joint income tax returns. 585 00:38:28,289 --> 00:38:30,088 However, unlike the United States, 586 00:38:30,090 --> 00:38:32,224 they weren't given any of the benefits from it. 587 00:38:32,226 --> 00:38:34,593 So married Swedes were finding themselves 588 00:38:34,595 --> 00:38:36,228 in the uncomfortable position 589 00:38:36,230 --> 00:38:38,230 of now being in a higher tax bracket. 590 00:38:38,232 --> 00:38:41,133 - Oh, really? - So they got divorced. 591 00:38:41,135 --> 00:38:43,035 Of course, they were still living together. 592 00:38:43,037 --> 00:38:44,804 So the Swedish government then passes a new law 593 00:38:44,806 --> 00:38:47,105 that says, all right, married couples who get divorced 594 00:38:47,107 --> 00:38:49,375 but continue to live together, for tax purposes, 595 00:38:49,377 --> 00:38:51,711 will be considered still married. 596 00:38:51,713 --> 00:38:53,213 So they did what anyone would do. 597 00:38:53,215 --> 00:38:54,781 They add a second entrance to their home 598 00:38:54,783 --> 00:38:56,817 with a nice wall that goes right down the middle, 599 00:38:56,819 --> 00:38:59,219 - with doors for... - easy access. 600 00:38:59,221 --> 00:39:01,054 "All right, fine," 601 00:39:01,056 --> 00:39:03,456 says the Swedish government, "new law." 602 00:39:03,458 --> 00:39:05,593 Once married, now divorced couples living 603 00:39:05,595 --> 00:39:10,063 in a two-income household that is subdivided would, 604 00:39:10,065 --> 00:39:11,832 again, for tax purposes, 605 00:39:11,834 --> 00:39:14,201 be considered living together, and therefore... 606 00:39:14,203 --> 00:39:16,203 Therefore still married. 607 00:39:16,205 --> 00:39:17,805 Now he's got it. 608 00:39:17,807 --> 00:39:19,540 And this went on for decades. 609 00:39:19,542 --> 00:39:21,542 All the while, a whole generation of Swedes 610 00:39:21,544 --> 00:39:23,677 simply skirted the issue by never getting married 611 00:39:23,679 --> 00:39:25,312 in the first place. Thank you. 612 00:39:25,314 --> 00:39:27,716 Speaking of, have you all met my lovely wife, Ruth? 613 00:39:27,718 --> 00:39:30,217 The moral of this story is that in their attempt 614 00:39:30,219 --> 00:39:32,554 to raise revenue, the Swedish government 615 00:39:32,556 --> 00:39:35,423 ruined all those young men's best hope at happiness. 616 00:39:35,425 --> 00:39:37,692 Exactly. Because... 617 00:39:37,694 --> 00:39:39,861 how a government taxes its citizens 618 00:39:39,863 --> 00:39:43,198 is a direct declaration of a country's values. 619 00:39:43,200 --> 00:39:46,268 So tell me, what could have more impact than that? 620 00:39:47,304 --> 00:39:49,504 You'd be wise to listen, boys. 621 00:39:49,506 --> 00:39:51,273 I-I swear to Christ, 622 00:39:51,275 --> 00:39:54,510 Martin Ginsburg will be signing all of our checks someday. 623 00:39:56,481 --> 00:39:59,149 You're a smart girl, Ruthy. You married a star. 624 00:40:02,186 --> 00:40:04,120 Tom Maller's barely evolved. 625 00:40:04,122 --> 00:40:06,589 He started walking upright last week. 626 00:40:06,591 --> 00:40:08,457 - You always do that. - What? 627 00:40:08,459 --> 00:40:10,593 You act like... like it doesn't matter. 628 00:40:10,595 --> 00:40:13,195 - No. - But all the little brush-offs, 629 00:40:13,197 --> 00:40:15,231 the dismissive pats on the head, 630 00:40:15,233 --> 00:40:17,433 - it-it matters, Marty. - Why? 631 00:40:17,435 --> 00:40:21,638 You know what you're doing is important, so who cares? 632 00:40:21,640 --> 00:40:24,408 Okay, fine. Next time my boss gives me a clumsy compliment, 633 00:40:24,410 --> 00:40:27,344 I'll challenge him to a duel. Will that make you happy? 634 00:40:27,346 --> 00:40:29,680 I wouldn't want to hurt your stellar reputation. 635 00:40:29,682 --> 00:40:31,682 Just tell me what you want. 636 00:40:31,684 --> 00:40:34,351 Nothing. I want nothing. I-I want you to go to work 637 00:40:34,353 --> 00:40:35,853 - and wow your bosses and clients... - Oh, great. 638 00:40:35,855 --> 00:40:38,155 ...and be the youngest partner in the history of the firm. 639 00:40:38,157 --> 00:40:39,724 That's not fair. That's not fair, and you know it. 640 00:40:39,726 --> 00:40:40,792 Then I want you to walk me home, Marty, 641 00:40:40,794 --> 00:40:42,860 so I can sit in my corner and write a lesson plan 642 00:40:42,862 --> 00:40:43,928 to inspire the next generation of students... 643 00:40:43,930 --> 00:40:46,229 - No one's put you in the corner. - ...to go forth 644 00:40:46,231 --> 00:40:47,532 - and fight for equality. - I don't understand why 645 00:40:47,534 --> 00:40:49,667 you're acting like that's such a bad thing. 646 00:40:49,669 --> 00:40:52,637 You're out there training the next generation of lawyers 647 00:40:52,639 --> 00:40:53,738 to change the world. 648 00:40:53,740 --> 00:40:56,409 'Cause that's what I wanted to do! 649 00:41:02,717 --> 00:41:04,785 Kiki. Kiki. 650 00:41:16,297 --> 00:41:17,565 Page 21. 651 00:41:18,900 --> 00:41:20,967 I don't read tax court cases. 652 00:41:20,969 --> 00:41:22,501 Read this one. 653 00:41:22,503 --> 00:41:24,971 The IRS denied a petitioner a tax deduction 654 00:41:24,973 --> 00:41:28,407 to hire a nurse to take care of an invalid mother. 655 00:41:28,409 --> 00:41:31,544 - Sounds like a real page-turner. - Hmm. 656 00:41:31,546 --> 00:41:34,547 - Ask me why. - Marty, I have a lecture to write. 657 00:41:34,549 --> 00:41:36,284 Hmm. Okay. 658 00:41:38,920 --> 00:41:42,224 It's because the petitioner is a man. 659 00:41:47,362 --> 00:41:49,830 Marty... 660 00:41:49,832 --> 00:41:52,399 Section 214 of the tax code 661 00:41:52,401 --> 00:41:56,506 assumes a caregiver has to be a woman. 662 00:41:57,874 --> 00:41:59,874 This is sex-based discrimination 663 00:41:59,876 --> 00:42:02,512 against a man. 664 00:42:03,446 --> 00:42:05,947 Poor guy. 665 00:42:05,949 --> 00:42:08,582 If a federal court 666 00:42:08,584 --> 00:42:12,688 ruled that this law is unconstitutional, 667 00:42:12,690 --> 00:42:16,457 then it could become the precedent others refer to 668 00:42:16,459 --> 00:42:17,926 and build on. 669 00:42:17,928 --> 00:42:20,397 Men and women both. It-it... 670 00:42:21,565 --> 00:42:24,299 It could topple the whole damn system 671 00:42:24,301 --> 00:42:26,370 of discrimination. 672 00:42:28,039 --> 00:42:30,272 What? 673 00:42:30,274 --> 00:42:32,274 Nothing. I'm just thrilled 674 00:42:32,276 --> 00:42:35,544 at your newfound enthusiasm for tax law. 675 00:42:35,546 --> 00:42:37,682 Marty. 676 00:42:38,750 --> 00:42:40,482 Oh, Marty. 677 00:42:40,484 --> 00:42:43,553 We need to take this case. 678 00:42:55,800 --> 00:42:58,035 Of course he says he's against bombing Cambodia. 679 00:42:58,037 --> 00:43:00,336 I want to know, where's the bill to defund it? 680 00:43:00,338 --> 00:43:02,438 It's derogatory, it's taunting, but it's speech. 681 00:43:02,440 --> 00:43:05,308 Hi. Mel Wulf is expecting me. 682 00:43:05,310 --> 00:43:07,511 He wants to get his hands on Nixon, or he hopes 683 00:43:07,513 --> 00:43:09,413 - the Viet Cong do? - Well, why? What's the difference? 684 00:43:09,415 --> 00:43:10,781 Five years in prison. 685 00:43:10,783 --> 00:43:12,351 Go. 686 00:43:14,787 --> 00:43:17,088 ♪ Oh... 687 00:43:17,090 --> 00:43:19,590 ♪ I'm an acorn short and round ♪ 688 00:43:19,592 --> 00:43:21,391 ♪ Lying on the dusty ground 689 00:43:21,393 --> 00:43:22,761 ♪ Everybody steps on me 690 00:43:22,763 --> 00:43:24,763 ♪ That is why I'm cracked, you see ♪ 691 00:43:24,765 --> 00:43:25,897 ♪ I'm a nut 692 00:43:25,899 --> 00:43:27,799 ♪ I'm a nut, I'm a nut 693 00:43:27,801 --> 00:43:29,399 Come on. ♪ I'm a nut 694 00:43:29,401 --> 00:43:31,669 ♪ I'm a nut, I'm a nut 695 00:43:31,671 --> 00:43:34,506 ♪ I'm a nut, I'm a nut, I'm a nut ♪ 696 00:43:34,508 --> 00:43:36,040 ♪ Oh 697 00:43:36,042 --> 00:43:37,809 ♪ I'm a nut, but that's no sin ♪ 698 00:43:37,811 --> 00:43:40,079 ♪ 'Cause at Camp Che-Na-Wah I fit right in. ♪ 699 00:43:41,381 --> 00:43:42,781 Ladies and gentlemen, 700 00:43:42,783 --> 00:43:45,117 three-time Camp Che-Na-Wah All-Around Camper, 701 00:43:45,119 --> 00:43:47,587 Ruth "Kiki" Bader. 702 00:43:49,891 --> 00:43:52,691 Oh, and for all you who think this job is hard, 703 00:43:52,693 --> 00:43:56,061 I judged the 13-and-unders with a color war trophy on the line. 704 00:43:56,063 --> 00:43:58,366 Back to work. 705 00:43:59,500 --> 00:44:02,303 Hey, Kiki. What do you say? 706 00:44:03,471 --> 00:44:06,405 Hi, Mel. 707 00:44:06,407 --> 00:44:08,509 Sorry about that. 708 00:44:09,912 --> 00:44:11,745 You said you had a case. 709 00:44:11,747 --> 00:44:13,914 This is not a case... this is the opening salvo 710 00:44:13,916 --> 00:44:16,683 on a 50-year war for a new class of civil rights. 711 00:44:16,685 --> 00:44:19,386 - Yes, exactly. - Huh. I can't do this. 712 00:44:19,388 --> 00:44:20,954 - This is beyond my mandate. - Wha... 713 00:44:20,956 --> 00:44:23,456 American Civil Liberties Union? 714 00:44:23,458 --> 00:44:24,991 Women's rights are civil rights. 715 00:44:24,993 --> 00:44:27,928 I'm still getting flack for defending draft card burners. 716 00:44:27,930 --> 00:44:29,997 And the right to protest actually exists. 717 00:44:29,999 --> 00:44:31,565 After you. 718 00:44:31,567 --> 00:44:32,801 Here. 719 00:44:35,004 --> 00:44:37,106 Phyllis, can I get a...? 720 00:44:46,683 --> 00:44:48,451 How's Marty? 721 00:44:49,752 --> 00:44:51,153 He's fine. 722 00:44:51,155 --> 00:44:53,021 Still protecting the rich 723 00:44:53,023 --> 00:44:55,425 against the predations of the poor? 724 00:44:57,127 --> 00:45:00,662 If we're gonna appeal, the court needs to agree 725 00:45:00,664 --> 00:45:02,664 there's a constitutional handle here. 726 00:45:02,666 --> 00:45:04,933 How did you even convince this guy to let you represent him? 727 00:45:04,935 --> 00:45:06,735 I-I'll take care of that. 728 00:45:06,737 --> 00:45:08,136 - He doesn't know? - Alone... 729 00:45:08,138 --> 00:45:09,972 - Are you kidding me? - Alone, the judges 730 00:45:09,974 --> 00:45:13,008 - may not give Marty and I the benefit of the doubt. - Whoa. 731 00:45:13,010 --> 00:45:15,711 But with your name alongside ours on the brief... 732 00:45:15,713 --> 00:45:17,813 Yeah. 733 00:45:17,815 --> 00:45:20,016 Mel, you must see the... 734 00:45:20,018 --> 00:45:22,517 the opportunity this case represents. 735 00:45:22,519 --> 00:45:23,987 You think the judges are gonna be sympathetic 736 00:45:23,989 --> 00:45:25,655 just 'cause they all have prostates? 737 00:45:25,657 --> 00:45:27,924 Men and women all eat at the same lunch counters, they drink 738 00:45:27,926 --> 00:45:30,059 at the same water fountains, they go to the same schools... 739 00:45:30,061 --> 00:45:32,562 - Women can't attend Dartmouth. - Men can't go to Smith. 740 00:45:32,564 --> 00:45:35,232 Women police officers can't patrol New York City streets. 741 00:45:35,234 --> 00:45:36,768 We have to get... 742 00:45:39,471 --> 00:45:41,738 We have to get credit cards 743 00:45:41,740 --> 00:45:43,539 in our husbands' names. 744 00:45:43,541 --> 00:45:45,075 You're not a minority. 745 00:45:45,077 --> 00:45:47,211 You're 51% of the population! 746 00:45:47,213 --> 00:45:48,979 And it's been tried. Muller, Goesaert. 747 00:45:48,981 --> 00:45:50,681 Uh... what's the other one? 748 00:45:50,683 --> 00:45:52,583 The one with the woman with the baseball bat. 749 00:45:52,585 --> 00:45:54,251 - Gwendolyn Hoyt. - Gwendolyn Hoyt. Exactly. 750 00:45:54,253 --> 00:45:55,786 Yeah, and morally, they were right. 751 00:45:55,788 --> 00:45:56,954 Yet they lost. 752 00:45:56,956 --> 00:45:58,589 Ruth... 753 00:45:58,591 --> 00:46:00,791 morality does not win the day. 754 00:46:00,793 --> 00:46:01,759 Look around you. 755 00:46:01,761 --> 00:46:04,561 Dorothy Kenyon could not get women equality 756 00:46:04,563 --> 00:46:06,131 by arguing a case with sex, murder 757 00:46:06,133 --> 00:46:07,631 and prison time on the line. 758 00:46:07,633 --> 00:46:09,234 You and Marty think you're gonna do it 759 00:46:09,236 --> 00:46:11,903 with this guy and his taxes? 760 00:46:49,178 --> 00:46:51,111 Operator. 761 00:46:51,113 --> 00:46:53,681 I-I... I need a number. 762 00:46:54,882 --> 00:46:56,950 Denver, Colorado. 763 00:46:56,952 --> 00:46:59,152 Come on, you're gonna miss your flight. 764 00:46:59,154 --> 00:47:01,722 Now, you have to get James from school while I'm in Denver. 765 00:47:01,724 --> 00:47:03,623 Mom, I told you, Denise and I are starting our 766 00:47:03,625 --> 00:47:05,258 - consciousness-raising group. - Wait. Please wait. 767 00:47:05,260 --> 00:47:07,928 Take James with you. 768 00:47:07,930 --> 00:47:09,629 Will you be all right? 769 00:47:09,631 --> 00:47:12,065 - Yeah. - We'll survive somehow. 770 00:47:12,067 --> 00:47:14,636 Bye. Bye. 771 00:47:15,338 --> 00:47:16,970 Go kick ass. 772 00:47:16,972 --> 00:47:18,605 Meter's running. 773 00:47:18,607 --> 00:47:21,042 Bye, Mom. 774 00:47:21,044 --> 00:47:23,545 - Bye. - Bye, Mom. 775 00:47:39,196 --> 00:47:40,764 Thank you. 776 00:47:54,211 --> 00:47:56,346 - Mr. Moritz. - Mrs. Ginsburg. 777 00:47:56,348 --> 00:47:58,682 Um, you're early. 778 00:47:59,984 --> 00:48:02,951 Uh, I-I can come back in ten minutes if you prefer. 779 00:48:02,953 --> 00:48:04,320 No, you might as... 780 00:48:04,322 --> 00:48:07,725 might as well come in now and have your say. 781 00:48:08,659 --> 00:48:10,594 Shoes off, please. 782 00:48:12,330 --> 00:48:14,230 Just come on in. 783 00:48:14,232 --> 00:48:16,234 Excuse me. 784 00:48:17,335 --> 00:48:20,337 - Are you done, Mom? - No. Not yet. 785 00:48:20,339 --> 00:48:22,339 - You want your... - I'm done, thanks. 786 00:48:22,341 --> 00:48:24,341 - You want your crossword? - Yeah. 787 00:48:24,343 --> 00:48:26,345 - Okay. - Please. 788 00:48:28,214 --> 00:48:31,148 Here you go. 789 00:48:31,150 --> 00:48:32,349 Mom. 790 00:48:32,351 --> 00:48:34,351 - Uh-huh. - This is Mrs. Ginsburg. 791 00:48:34,353 --> 00:48:36,687 She's the New York lawyer I told you about. 792 00:48:36,689 --> 00:48:38,689 Mrs. Moritz, hello. 793 00:48:38,691 --> 00:48:40,993 I thought she would be bigger. 794 00:48:42,662 --> 00:48:45,297 - I... - Uh, y-you can have a seat. 795 00:48:45,299 --> 00:48:47,064 Uh, here. Here you go. 796 00:48:47,066 --> 00:48:48,400 Do you want your magnifier? 797 00:48:48,402 --> 00:48:49,733 - Yeah, please. Yeah. - Okay. 798 00:48:49,735 --> 00:48:51,735 There you go. All right. 799 00:48:51,737 --> 00:48:53,840 - You want a drink? - Uh-huh. 800 00:48:58,278 --> 00:49:00,178 I-I see you were a drum major. 801 00:49:00,180 --> 00:49:01,746 I was a twirler. 802 00:49:01,748 --> 00:49:03,884 That was a thousand years ago. 803 00:49:09,424 --> 00:49:11,990 Mr. Moritz, about your case... 804 00:49:11,992 --> 00:49:14,127 I don't have a case. 805 00:49:14,129 --> 00:49:16,229 Four lawyers told me so. 806 00:49:16,231 --> 00:49:18,030 And that judge... 807 00:49:18,032 --> 00:49:18,864 Tietjens... 808 00:49:18,866 --> 00:49:21,234 he basically called me a tax cheat. 809 00:49:21,236 --> 00:49:22,370 Are you? 810 00:49:23,805 --> 00:49:26,906 I never cheated at anything in my life. 811 00:49:26,908 --> 00:49:29,442 "Tasmanian egg-layer." Eight letters. 812 00:49:29,444 --> 00:49:31,112 Not now, Mom. 813 00:49:33,047 --> 00:49:35,349 Tell me in your own words, 814 00:49:35,351 --> 00:49:37,783 why did you hire a nurse? 815 00:49:37,785 --> 00:49:40,120 If you've never cared for an ailing parent... 816 00:49:40,122 --> 00:49:42,055 I have. 817 00:49:42,057 --> 00:49:43,157 Then you know. 818 00:49:43,159 --> 00:49:46,193 Between the dressing and the bathing and the toilet, 819 00:49:46,195 --> 00:49:48,061 it's not a task for one person, 820 00:49:48,063 --> 00:49:50,164 especially if you have a day job. 821 00:49:50,166 --> 00:49:53,767 If it wasn't for Cleeta, uh, I'd have to put Mom in a home. 822 00:49:53,769 --> 00:49:56,437 So you deducted Cleeta's salary on your taxes. 823 00:49:56,439 --> 00:49:59,039 The judge said the tax code was clear. 824 00:49:59,041 --> 00:50:01,842 Caretaker's deduction was available to all women, 825 00:50:01,844 --> 00:50:06,481 but only to men who had wives who were incapacitated or dead 826 00:50:06,483 --> 00:50:09,050 - or were divorced. - And you've never been married? 827 00:50:09,052 --> 00:50:11,819 - No. - The men who wrote that law couldn't even fathom 828 00:50:11,821 --> 00:50:13,922 that a bachelor, choosing to take care 829 00:50:13,924 --> 00:50:16,291 of a parent at home, might exist. 830 00:50:16,293 --> 00:50:18,226 "Tasmanian egg-layer," 831 00:50:18,228 --> 00:50:20,228 - second letter: "L." - Mom, 832 00:50:20,230 --> 00:50:23,099 - I'll help you in a little bit. - How about "platypus"? 833 00:50:26,069 --> 00:50:28,772 Ah! Ah. 834 00:50:30,975 --> 00:50:33,809 I'm a salesman, Mrs. Ginsburg, 835 00:50:33,811 --> 00:50:37,114 and I know when I'm being sold. 836 00:50:39,116 --> 00:50:43,386 With due respect, you have $296 at issue. 837 00:50:43,388 --> 00:50:45,854 I'm not here for the money. 838 00:50:45,856 --> 00:50:49,492 We'd represent your appeal pro bono if you'll let us. 839 00:50:49,494 --> 00:50:52,262 So... the judge was wrong? 840 00:50:52,264 --> 00:50:54,564 Mr. Moritz... 841 00:50:54,566 --> 00:50:57,703 the law is wrong. 842 00:51:01,106 --> 00:51:03,442 Thank you. I was hungry. 843 00:51:05,578 --> 00:51:08,446 If it's not for the money... 844 00:51:08,448 --> 00:51:10,816 why are you here? 845 00:51:14,187 --> 00:51:17,388 The 14th Amendment to the United States Constitution 846 00:51:17,390 --> 00:51:20,891 says all people must be treated equally under the law. 847 00:51:20,893 --> 00:51:24,161 Yet there are... I don't know how many laws 848 00:51:24,163 --> 00:51:27,298 like the caregiver deduction that say, in effect, 849 00:51:27,300 --> 00:51:29,033 women stay home, men go to work, 850 00:51:29,035 --> 00:51:31,235 and that it should stay that way forever. 851 00:51:31,237 --> 00:51:33,605 I want to convince the federal courts 852 00:51:33,607 --> 00:51:37,908 that those laws are unconstitutional. 853 00:51:37,910 --> 00:51:39,079 How do you do that? 854 00:51:40,381 --> 00:51:42,614 One case at a time. 855 00:51:42,616 --> 00:51:44,184 Starting with yours. 856 00:51:45,286 --> 00:51:47,187 So I'm a guinea pig? 857 00:51:48,289 --> 00:51:50,088 No, sir. 858 00:51:50,090 --> 00:51:52,457 You're the man marching out ahead of the band, 859 00:51:52,459 --> 00:51:53,925 leading the way. 860 00:51:55,162 --> 00:51:57,931 Just like that drum major you used to be. 861 00:51:59,334 --> 00:52:01,967 I've invested a lot of my own reputation 862 00:52:01,969 --> 00:52:04,337 to building up your career, and now you're on track 863 00:52:04,339 --> 00:52:07,407 to be the youngest partner in the history of the firm. 864 00:52:07,409 --> 00:52:11,544 And you want to risk that for some cockamamy case? 865 00:52:11,546 --> 00:52:13,579 Tom, I'm contractually obligated to ask 866 00:52:13,581 --> 00:52:16,082 to take outside work, and I'm asking, but... 867 00:52:16,084 --> 00:52:19,285 Okay, for God sakes, you're traipsing into this for what? 868 00:52:19,287 --> 00:52:22,289 So your wife can feel like a real lawyer? 869 00:52:22,291 --> 00:52:24,258 She is a real lawyer, Tom. 870 00:52:24,260 --> 00:52:27,094 You want to support Ruth, tell her the truth. 871 00:52:27,096 --> 00:52:29,496 - Which is? - The case is unwinnable. 872 00:52:29,498 --> 00:52:31,665 Congress can write whatever taxes it wants. 873 00:52:31,667 --> 00:52:33,434 That's not open to constitutional attack. 874 00:52:33,436 --> 00:52:36,303 Or maybe you just say that because no one's been able 875 00:52:36,305 --> 00:52:38,305 to successfully do it before. 876 00:52:38,307 --> 00:52:40,240 Oh, Marty. 877 00:52:40,242 --> 00:52:42,376 Fine. Try, but... 878 00:52:42,378 --> 00:52:45,380 when you lose and you embarrass our firm, 879 00:52:45,382 --> 00:52:48,316 just be ready for your career to come crashing back to earth. 880 00:52:48,318 --> 00:52:50,185 Okay, noted, noted. And thank you, Tom. 881 00:52:50,187 --> 00:52:53,054 - Thank you. Thank you. - Yeah, yeah, yeah. 882 00:52:53,056 --> 00:52:54,689 No! Murder can never be condoned, 883 00:52:54,691 --> 00:52:57,092 - least of all by a lawyer. - It's called justice. 884 00:52:57,094 --> 00:52:59,394 Yeah, what's just to you may not be just to me 885 00:52:59,396 --> 00:53:01,563 - or to someone else. - You know what I'm talking about. 886 00:53:01,565 --> 00:53:04,265 - Hello, family unit. - And would it kill you to admit 887 00:53:04,267 --> 00:53:06,401 that maybe I actually did something right? 888 00:53:06,403 --> 00:53:09,104 - This is an "A" paper. - Yeah, of course it is. 889 00:53:09,106 --> 00:53:12,208 You're a beautiful writer. It just needs more work. 890 00:53:12,210 --> 00:53:14,477 Please tell me you aren't going 15 rounds 891 00:53:14,479 --> 00:53:16,045 over To Kill a Mockingbird. 892 00:53:16,047 --> 00:53:18,414 Daddy, can you please tell Mom that Atticus Finch 893 00:53:18,416 --> 00:53:19,615 can be a role model. 894 00:53:19,617 --> 00:53:21,250 He covers up Bob Ewell's murder. 895 00:53:21,252 --> 00:53:22,518 He's a terrible lawyer. 896 00:53:22,520 --> 00:53:24,487 - Why? 'Cause you say so? - No, not me. 897 00:53:24,489 --> 00:53:27,390 Canon 1 of the American Bar Association's Model Code 898 00:53:27,392 --> 00:53:30,359 - of Responsibility. - What are you talking about?! 899 00:53:30,361 --> 00:53:31,695 It's called legal ethics. 900 00:53:31,697 --> 00:53:33,697 Well, you'd do exactly the same thing 901 00:53:33,699 --> 00:53:35,567 if you actually had a heart. 902 00:53:41,440 --> 00:53:44,174 I don't know where she gets her stubbornness. 903 00:53:44,176 --> 00:53:46,510 Can't imagine. 904 00:53:46,512 --> 00:53:48,614 So, how was your day? 905 00:53:54,454 --> 00:53:56,587 "History discloses that woman 906 00:53:56,589 --> 00:53:59,524 "has always been dependent upon man. 907 00:53:59,526 --> 00:54:02,427 "Like children, she needs special care. 908 00:54:02,429 --> 00:54:04,462 This justifies a difference in legislation..." 909 00:54:04,464 --> 00:54:07,331 - Muller v. Oregon, the law of the land. - Wow. 910 00:54:07,333 --> 00:54:09,233 Or Bradwell v. Illinois. 911 00:54:09,235 --> 00:54:11,770 "The destiny of woman is the benign offices 912 00:54:11,772 --> 00:54:13,739 "of wife and mother. 913 00:54:13,741 --> 00:54:15,741 This is the law of the Creator." 914 00:54:15,743 --> 00:54:17,643 I'm writing this brief 915 00:54:17,645 --> 00:54:21,112 and citing the same cases with the exact same precedents 916 00:54:21,114 --> 00:54:23,047 as-as everyone before us. 917 00:54:23,049 --> 00:54:25,484 Marty, if this is what we go in with, 918 00:54:25,486 --> 00:54:27,085 we're gonna lose. 919 00:54:29,089 --> 00:54:31,089 Wait, wait, wait, wait. Wait, wait, wait. 920 00:54:31,091 --> 00:54:33,091 I got it. I got it. 921 00:54:33,093 --> 00:54:36,330 At least she's not listening to The Monkees. 922 00:54:39,768 --> 00:54:41,801 I'm busy. 923 00:55:01,223 --> 00:55:03,323 Come here. 924 00:55:03,325 --> 00:55:05,193 Come here. 925 00:55:13,302 --> 00:55:15,402 I'm fine. 926 00:55:16,672 --> 00:55:19,807 I can be as tough as she is. 927 00:55:19,809 --> 00:55:21,843 She's a bully. 928 00:55:21,845 --> 00:55:26,148 And she needs everyone to know how smart she is. 929 00:55:27,651 --> 00:55:30,552 Do you want Mom to stop being smart? 930 00:55:30,554 --> 00:55:33,622 I want her to stop rubbing it in everyone's face 931 00:55:33,624 --> 00:55:35,292 all the time. 932 00:55:41,298 --> 00:55:46,301 Grandma Celia died when Mom was about your age. 933 00:55:46,303 --> 00:55:48,871 But up until her dying breath, 934 00:55:48,873 --> 00:55:51,373 they would read together, 935 00:55:51,375 --> 00:55:54,510 debate ideas together... 936 00:55:54,512 --> 00:55:59,114 and she taught your mom to question everything. 937 00:55:59,116 --> 00:56:02,218 She's not trying to bully you, Jane. 938 00:56:02,220 --> 00:56:05,888 She just doesn't want you to feel small. 939 00:56:05,890 --> 00:56:11,095 She wants to give you what her mom taught her. 940 00:56:12,397 --> 00:56:15,298 That's how she... 941 00:56:15,300 --> 00:56:18,200 shows her heart. 942 00:56:18,202 --> 00:56:19,304 Hmm? 943 00:56:38,424 --> 00:56:40,792 Is she okay? 944 00:56:40,794 --> 00:56:43,095 She'll be fine. 945 00:56:52,372 --> 00:56:54,238 This is stupid. 946 00:56:54,240 --> 00:56:56,407 You're the one who said I'm supposed to be in school. 947 00:56:56,409 --> 00:56:59,177 If you're gonna write about great American lawyers, 948 00:56:59,179 --> 00:57:01,281 you may as well meet one. 949 00:57:14,829 --> 00:57:16,530 You ladies look lost. 950 00:57:18,900 --> 00:57:21,266 Well, spit it out. 951 00:57:21,268 --> 00:57:23,335 Miss Kenyon, w-we're here to see you. 952 00:57:23,337 --> 00:57:25,805 I tried to make an appointment... 953 00:57:25,807 --> 00:57:28,273 Well, here I am. I don't have all day. 954 00:57:28,275 --> 00:57:30,677 It's about Gwendolyn Hoyt. 955 00:57:30,679 --> 00:57:33,680 In that case, I have no interest in talking 956 00:57:33,682 --> 00:57:34,881 to either one of you. 957 00:57:34,883 --> 00:57:36,683 I'm-I'm arguing a case. 958 00:57:36,685 --> 00:57:39,552 Sex discrimination violates the Equal Protection principle. 959 00:57:39,554 --> 00:57:42,990 Equal Protection was coined to grant equality to the Negro, 960 00:57:42,992 --> 00:57:45,425 a task at which it has dismally failed. 961 00:57:45,427 --> 00:57:47,594 What makes you think women would fare any better? 962 00:57:47,596 --> 00:57:49,529 Please, if we could just talk for... 963 00:57:49,531 --> 00:57:51,899 You want to know how I blew it... is that it? 964 00:57:51,901 --> 00:57:53,467 What I'd do differently? 965 00:57:53,469 --> 00:57:56,337 Why? You think you can change the country? 966 00:57:56,339 --> 00:57:58,406 You should look to her generation. 967 00:57:58,408 --> 00:58:00,675 They're taking to the streets, demanding change, 968 00:58:00,677 --> 00:58:03,244 like we did when we fought for the vote. 969 00:58:03,246 --> 00:58:05,413 Our mistake was thinking we'd won. 970 00:58:05,415 --> 00:58:09,316 We started asking, "please," as if civil rights were sweets 971 00:58:09,318 --> 00:58:11,552 to be handed out by judges. 972 00:58:11,554 --> 00:58:13,587 Protests are important, but changing the culture 973 00:58:13,589 --> 00:58:16,357 means nothing if the law doesn't change. 974 00:58:16,359 --> 00:58:18,394 As a lawyer, you must believe that. 975 00:58:19,463 --> 00:58:21,430 Let me guess. 976 00:58:21,432 --> 00:58:23,899 You're a professor, aren't you? 977 00:58:23,901 --> 00:58:25,000 Yeah. 978 00:58:25,002 --> 00:58:27,369 Ton of knowledge and no smarts. 979 00:58:27,371 --> 00:58:30,639 - Mom, we should go. - You want advice? Here it is. 980 00:58:30,641 --> 00:58:33,943 Tell your client she won't find equality in a courtroom. 981 00:58:33,945 --> 00:58:36,445 My client's name is Charles Moritz. 982 00:58:36,447 --> 00:58:37,579 That's cute. 983 00:58:37,581 --> 00:58:41,684 He hired a nurse to take care of his mother, but... 984 00:58:41,686 --> 00:58:45,354 he was denied a caregiver deduction on his taxes. 985 00:58:45,356 --> 00:58:46,856 He's never been married. 986 00:58:46,858 --> 00:58:51,596 You found a bachelor taking care of his mother at home. 987 00:58:53,431 --> 00:58:55,999 The judges will be repulsed by him. 988 00:58:56,001 --> 00:58:58,938 Feeling anything is a start. 989 00:59:00,505 --> 00:59:02,906 What did you say your name was? 990 00:59:02,908 --> 00:59:06,910 Ruth Bader Ginsburg. 991 00:59:06,912 --> 00:59:08,412 Well... 992 00:59:08,414 --> 00:59:10,581 sorry, Professor Ginsburg. 993 00:59:10,583 --> 00:59:12,316 Maybe someday. 994 00:59:12,318 --> 00:59:15,053 But the country isn't ready. 995 00:59:15,055 --> 00:59:17,055 Change minds first, 996 00:59:17,057 --> 00:59:19,389 then change the law. 997 00:59:19,391 --> 00:59:21,391 If you'll excuse me, the mayor's decided 998 00:59:21,393 --> 00:59:22,927 to rename the neighborhood. 999 00:59:22,929 --> 00:59:26,363 So now a developer is kicking 30 families out of the building 1000 00:59:26,365 --> 00:59:28,900 he abandoned ten years ago. 1001 00:59:28,902 --> 00:59:32,103 SoHo. Who ever heard of such a ridiculous thing? 1002 00:59:33,573 --> 00:59:35,907 I know she's your personal hero and all, 1003 00:59:35,909 --> 00:59:39,344 - but she's kind of a bitch. - No, she's formidable. 1004 00:59:39,346 --> 00:59:41,513 Dorothy Kenyon has been fighting for women's rights 1005 00:59:41,515 --> 00:59:44,649 and civil rights and labor rights her entire career. 1006 00:59:44,651 --> 00:59:46,085 She didn't always win, 1007 00:59:46,087 --> 00:59:49,088 but she made damn sure she was taken seriously. 1008 00:59:49,090 --> 00:59:50,689 She didn't help you. 1009 00:59:50,691 --> 00:59:52,691 What are you gonna do now? 1010 00:59:52,693 --> 00:59:55,461 It's the right cause, it's the right client, but... 1011 00:59:55,463 --> 00:59:58,764 women have been losing the same argument for over a century. 1012 00:59:58,766 --> 01:00:00,132 Well... 1013 01:00:00,134 --> 01:00:03,136 just because you lost a hundred years before you started 1014 01:00:03,138 --> 01:00:05,706 is no reason not to try to win. 1015 01:00:07,742 --> 01:00:10,576 Jane, that was very wise. 1016 01:00:10,578 --> 01:00:13,314 You know who said it first? 1017 01:00:14,616 --> 01:00:16,082 Atticus Finch. 1018 01:00:21,023 --> 01:00:22,155 Quick. 1019 01:00:23,959 --> 01:00:25,992 Hey, looking good, ladies! 1020 01:00:25,994 --> 01:00:27,828 Just ignore them. 1021 01:00:27,830 --> 01:00:30,664 Hey, we'll keep you warm if you're getting wet. 1022 01:00:30,666 --> 01:00:32,599 Oh, yeah? Real nice! 1023 01:00:32,601 --> 01:00:35,535 Do you kiss your mother with that mouth, asshole? 1024 01:00:35,537 --> 01:00:36,871 - Oh, whoa. - Whoa! 1025 01:00:36,873 --> 01:00:39,907 Mom, you can't let boys talk to you like that. 1026 01:00:39,909 --> 01:00:41,611 Taxi! 1027 01:00:46,683 --> 01:00:48,183 Mom, come on. 1028 01:00:48,185 --> 01:00:50,185 You're getting soaked. 1029 01:00:50,187 --> 01:00:52,420 Look at you, Jane. 1030 01:00:52,422 --> 01:00:56,657 You're a liberated, fearless young woman. 1031 01:00:56,659 --> 01:00:59,493 20 years ago, you couldn't have been who you are today. 1032 01:00:59,495 --> 01:01:03,131 Dorothy Kenyon's wrong... the... the times have already changed. 1033 01:01:03,133 --> 01:01:05,000 You coming or what? 1034 01:01:05,002 --> 01:01:06,704 Yeah, yeah, we're coming. 1035 01:01:08,539 --> 01:01:09,905 It's what Professor Freund 1036 01:01:09,907 --> 01:01:11,573 said at Harvard. 1037 01:01:11,575 --> 01:01:14,610 "A court ought not be affected by the weather of the day, 1038 01:01:14,612 --> 01:01:16,712 but will be by the climate of the era." 1039 01:01:16,714 --> 01:01:19,182 Okay, so we're not going back and refighting old cases? 1040 01:01:19,184 --> 01:01:21,217 No, we're arguing that the precedents 1041 01:01:21,219 --> 01:01:23,652 - should no longer apply. - Right. But, Ruth, 1042 01:01:23,654 --> 01:01:25,788 Freund was talking about Brown v. the Board of Education. 1043 01:01:25,790 --> 01:01:27,557 That's a once-in-a-generation case. 1044 01:01:27,559 --> 01:01:29,692 Yeah, and we're the next generation. 1045 01:01:39,238 --> 01:01:41,939 "Equal Protection applies "to all persons. 1046 01:01:41,941 --> 01:01:45,109 A class in which men and women share full membership." 1047 01:01:45,111 --> 01:01:46,810 "A divorced man counts the same 1048 01:01:46,812 --> 01:01:48,746 - as a widower." - You're saying that this guy 1049 01:01:48,748 --> 01:01:51,215 could have married his nurse, got divorced the next day, 1050 01:01:51,217 --> 01:01:53,217 and then he'd be eligible for the tax deduction? 1051 01:01:53,219 --> 01:01:54,985 That's totally nuts. 1052 01:01:54,987 --> 01:01:56,654 All right, our client is a man. 1053 01:01:56,656 --> 01:01:58,055 We cannot lose sight of that, 1054 01:01:58,057 --> 01:02:01,558 because men are also harmed by this stereotype. 1055 01:02:01,560 --> 01:02:03,961 That little boys are told they can't be nurses, 1056 01:02:03,963 --> 01:02:06,231 they can't be teachers, they can't be secretaries. 1057 01:02:06,233 --> 01:02:08,099 Or cook dinner for their families. 1058 01:02:08,101 --> 01:02:10,534 Exactly. We're counting on you, too. 1059 01:02:10,536 --> 01:02:12,871 ...wholly irrational distinction 1060 01:02:12,873 --> 01:02:16,574 between single sons and daughters. 1061 01:02:16,576 --> 01:02:17,842 Any tax preparer may have an invalid parent... 1062 01:02:17,844 --> 01:02:19,577 Any tax preparer may have an ailing parent, 1063 01:02:19,579 --> 01:02:21,079 - even an unmarried man. - ...unalterable 1064 01:02:21,081 --> 01:02:23,715 biological traits of birth over which the... 1065 01:02:23,717 --> 01:02:25,650 The principles of American democracy 1066 01:02:25,652 --> 01:02:26,985 should apply to men and women equally. 1067 01:02:26,987 --> 01:02:28,988 ...arbitrary and equal treatment 1068 01:02:28,990 --> 01:02:30,356 described by the Constitution. 1069 01:02:30,358 --> 01:02:32,858 The law shouldn't reward or penalize taxpayers 1070 01:02:32,860 --> 01:02:34,693 for their sex. 1071 01:02:46,040 --> 01:02:48,074 Section 214 draws a line 1072 01:02:48,076 --> 01:02:50,611 solely on the basis of sex. 1073 01:03:03,659 --> 01:03:06,893 Professor Ginsburg, I finished typing the brief. 1074 01:03:06,895 --> 01:03:09,898 You're a saint, Millicent. 1075 01:03:11,301 --> 01:03:13,869 May I make an observation? 1076 01:03:14,937 --> 01:03:16,170 It's just... 1077 01:03:16,172 --> 01:03:17,939 when I was typing it up, 1078 01:03:17,941 --> 01:03:20,942 jumping out all over the brief was... 1079 01:03:20,944 --> 01:03:22,676 well... 1080 01:03:22,678 --> 01:03:23,745 sex. 1081 01:03:23,747 --> 01:03:27,215 - Sex, sex, sex, sex, sex, sex, sex. - Oh. 1082 01:03:27,217 --> 01:03:29,684 - Oh. - It reeks of hormones 1083 01:03:29,686 --> 01:03:31,285 and back seats, and... 1084 01:03:31,287 --> 01:03:32,989 you know how men are. 1085 01:03:34,325 --> 01:03:37,091 Maybe you should try a less distracting word. 1086 01:03:37,093 --> 01:03:38,860 Maybe... 1087 01:03:38,862 --> 01:03:40,530 "gender." 1088 01:03:42,632 --> 01:03:44,933 You realize that means... 1089 01:03:44,935 --> 01:03:46,235 That's no problem. 1090 01:03:46,237 --> 01:03:48,270 I'm happy to type it again. 1091 01:03:48,272 --> 01:03:50,039 Thanks. 1092 01:03:50,041 --> 01:03:53,008 Guessing doesn't do us any good... I need to know 1093 01:03:53,010 --> 01:03:55,144 how many people were turned away from the polls. 1094 01:03:55,146 --> 01:03:58,013 Yeah, the affiliate still hasn't sent the list. 1095 01:03:58,015 --> 01:03:59,681 Well, then call Brian Tanner. 1096 01:03:59,683 --> 01:04:01,251 Remind him that we're on the same team. 1097 01:04:01,253 --> 01:04:03,153 Tell him if he doesn't start acting like it, I'm gonna fly 1098 01:04:03,155 --> 01:04:05,689 to Wisconsin and personally rip his throat out myself. 1099 01:04:06,724 --> 01:04:07,857 Melvin. 1100 01:04:07,859 --> 01:04:11,830 Didn't your mother ever teach you to clean your room? 1101 01:04:12,998 --> 01:04:14,733 Miss Kenyon. 1102 01:04:15,901 --> 01:04:18,234 Time for your annual dusting-off already? 1103 01:04:20,072 --> 01:04:24,140 In 1776, Abigail Adams wrote her husband a letter. 1104 01:04:24,142 --> 01:04:27,977 "As you write this new constitution," she said, 1105 01:04:27,979 --> 01:04:29,813 "remember the ladies." 1106 01:04:29,815 --> 01:04:32,149 You know what that bastard went ahead and did? 1107 01:04:32,151 --> 01:04:33,718 Well, I can guess. 1108 01:04:40,927 --> 01:04:42,660 "Idaho Statesman." 1109 01:04:42,662 --> 01:04:44,128 You need a hobby. 1110 01:04:44,130 --> 01:04:46,030 These poor people. 1111 01:04:46,032 --> 01:04:49,134 Sally and Cecil Reed, divorced. 1112 01:04:49,136 --> 01:04:50,901 Their son committed suicide. 1113 01:04:50,903 --> 01:04:53,939 Both parents want to administer his estate. 1114 01:04:53,941 --> 01:04:56,908 In Idaho, the law says, in this situation, 1115 01:04:56,910 --> 01:04:59,144 males must be preferred to females. 1116 01:04:59,146 --> 01:05:00,745 Why? 1117 01:05:00,747 --> 01:05:03,748 'Cause men are better at math. 1118 01:05:03,750 --> 01:05:05,750 And the Idaho Supreme Court 1119 01:05:05,752 --> 01:05:08,120 just said that is perfectly legal. 1120 01:05:08,122 --> 01:05:10,155 Dorothy... I've got student protestors 1121 01:05:10,157 --> 01:05:12,458 in jail in California. I got schools in Mississippi 1122 01:05:12,460 --> 01:05:14,059 that still refuse to desegregate. I... 1123 01:05:14,061 --> 01:05:16,362 You're a sissy. The Board threatened to can you 1124 01:05:16,364 --> 01:05:18,164 because you stood up for draft dodgers, 1125 01:05:18,166 --> 01:05:20,967 and you've had your tail between your legs ever since. 1126 01:05:20,969 --> 01:05:22,468 That-that-that is not... 1127 01:05:22,470 --> 01:05:25,138 We don't have the resources to take this on. 1128 01:05:25,140 --> 01:05:27,940 I've seen you stand up to the might of government 1129 01:05:27,942 --> 01:05:31,177 with sling and stone for what you know to be right. 1130 01:05:31,179 --> 01:05:33,045 And, kid, I loved you for it. 1131 01:05:33,047 --> 01:05:34,947 They're not gonna fire you, Mel. 1132 01:05:34,949 --> 01:05:36,949 The Board's a bunch of tired old fools. 1133 01:05:36,951 --> 01:05:38,985 They don't have the nerve to do it. 1134 01:05:38,987 --> 01:05:42,057 I should know. I'm one of 'em. 1135 01:05:46,128 --> 01:05:48,495 John Adams forgot the ladies. 1136 01:05:48,497 --> 01:05:52,434 And it's time the ACLU got back in the fight. 1137 01:05:55,237 --> 01:05:57,305 - Okay. - Good. 1138 01:05:57,307 --> 01:05:59,440 Now, here's where you start. 1139 01:05:59,442 --> 01:06:01,209 It's a case headed to the Tenth Circuit. 1140 01:06:01,211 --> 01:06:02,743 It's a professor out of Rutgers. 1141 01:06:02,745 --> 01:06:04,813 Smart cookie. 1142 01:06:07,150 --> 01:06:09,450 Ruth. 1143 01:06:09,452 --> 01:06:11,886 But nowhere does the Constitution say 1144 01:06:11,888 --> 01:06:15,523 the federal government must treat people equally. 1145 01:06:15,525 --> 01:06:19,327 What did the court say about that, Mrs. Parker? 1146 01:06:19,329 --> 01:06:22,797 That the Due Process Clause implies that equal protection 1147 01:06:22,799 --> 01:06:25,301 applies to the federal government as well. 1148 01:06:25,303 --> 01:06:26,535 Can you cite the case? 1149 01:06:26,537 --> 01:06:29,405 Bolling v. Sharpe. 1150 01:06:29,407 --> 01:06:30,838 347 U.S. 497. 1151 01:06:30,840 --> 01:06:32,341 Uh, decided in conjunction 1152 01:06:32,343 --> 01:06:35,377 with Brown v. Board of Education, 1954. 1153 01:06:35,379 --> 01:06:36,845 Bolling desegregated 1154 01:06:36,847 --> 01:06:39,014 all Washington D.C.'s public schools. 1155 01:06:39,016 --> 01:06:41,852 Chief Justice Warren, writing for the court. 1156 01:06:42,987 --> 01:06:46,121 How about it, teach? Do I get an "A"? 1157 01:06:48,859 --> 01:06:50,527 Well played, sending that newspaper 1158 01:06:50,529 --> 01:06:52,431 and the brief to Kenyon. 1159 01:06:53,498 --> 01:06:55,966 I thought she might have advice. 1160 01:06:55,968 --> 01:06:58,535 Cut the shit. Don't ever do that to me again. 1161 01:06:58,537 --> 01:07:01,271 What do you think of the brief? 1162 01:07:01,273 --> 01:07:03,273 It's a compelling argument. 1163 01:07:03,275 --> 01:07:04,874 Brilliantly reasoned. 1164 01:07:04,876 --> 01:07:07,143 More women than ever are working now. And why not? 1165 01:07:07,145 --> 01:07:09,413 We have preschools, we have washing machines, 1166 01:07:09,415 --> 01:07:10,914 cheap contraceptives... 1167 01:07:10,916 --> 01:07:12,483 Yeah, times have changed. 1168 01:07:12,485 --> 01:07:14,452 There's a glaring problem, though. 1169 01:07:14,454 --> 01:07:17,555 In the unlikely event that you actually win this thing, 1170 01:07:17,557 --> 01:07:19,257 what's the remedy? 1171 01:07:19,259 --> 01:07:20,558 The court takes away 1172 01:07:20,560 --> 01:07:22,460 the caregiver deduction for everybody, 1173 01:07:22,462 --> 01:07:24,061 including working mothers. 1174 01:07:24,063 --> 01:07:26,063 - Then you've done more harm than good. - No. 1175 01:07:26,065 --> 01:07:27,965 Do you remember Justice Harlan's opinion 1176 01:07:27,967 --> 01:07:31,068 last June in Welsh v. United States? 1177 01:07:31,070 --> 01:07:32,937 Yeah. 1178 01:07:32,939 --> 01:07:35,440 He said laws could be extended when doing so would be closer 1179 01:07:35,442 --> 01:07:37,376 to the legislature's intent than overturning would be. 1180 01:07:37,378 --> 01:07:39,944 Yeah, we're adding one more section to the brief. 1181 01:07:39,946 --> 01:07:42,981 Urging the court to extend the law 1182 01:07:42,983 --> 01:07:45,886 to include Charlie as well as everyone else. 1183 01:07:48,188 --> 01:07:50,088 All right. 1184 01:07:50,090 --> 01:07:53,794 The ACLU is prepared to put their name on your brief. 1185 01:07:55,062 --> 01:07:56,596 - We appreciate your support. - Stop. 1186 01:07:56,598 --> 01:07:59,265 I still say I'd rather be a woman in this country 1187 01:07:59,267 --> 01:08:00,999 than a black man or a... 1188 01:08:01,001 --> 01:08:04,304 socialist or a religious minority. 1189 01:08:04,306 --> 01:08:07,507 Now, let's talk about you taking on Reed v. Reed. 1190 01:08:07,509 --> 01:08:09,509 - Oh. Stop. No. - Well... 1191 01:08:09,511 --> 01:08:12,345 all men in Idaho are better at math? 1192 01:08:12,347 --> 01:08:15,014 Ruth, I gave you one case. That's all you get. 1193 01:08:15,016 --> 01:08:18,084 The Moritz argument works just as well for a female client. 1194 01:08:18,086 --> 01:08:21,522 And Reed's a state supreme court case, 1195 01:08:21,524 --> 01:08:23,557 which means the U.S. Supreme Court 1196 01:08:23,559 --> 01:08:25,225 - must hear the appeal. - I-I told you, 1197 01:08:25,227 --> 01:08:27,028 I don't want another 50-year battle. 1198 01:08:28,097 --> 01:08:30,230 Call Sally Reed's lawyer, Mel. 1199 01:08:30,232 --> 01:08:32,633 If I were you, I would worry about my own case. 1200 01:08:32,635 --> 01:08:34,501 And I expect to see your remedy arguments 1201 01:08:34,503 --> 01:08:36,136 before they go to the Tenth Circuit. 1202 01:08:36,138 --> 01:08:38,172 And I want to be there when you practice 1203 01:08:38,174 --> 01:08:39,373 your oral arguments. 1204 01:08:39,375 --> 01:08:41,310 We're doing a moot court. 1205 01:08:42,378 --> 01:08:43,445 No. 1206 01:08:43,447 --> 01:08:46,113 It's not negotiable. 1207 01:08:46,115 --> 01:08:47,147 When? 1208 01:08:47,149 --> 01:08:51,119 Soon as we get the government's response brief. 1209 01:08:51,121 --> 01:08:54,956 Where did these people go to law school? 1210 01:08:54,958 --> 01:08:56,991 You can't make a constitutional challenge 1211 01:08:56,993 --> 01:08:58,693 to the tax laws, can you? 1212 01:08:58,695 --> 01:09:00,462 And who's ever heard of gender discrimination? 1213 01:09:00,464 --> 01:09:02,030 It's a stretch. 1214 01:09:02,032 --> 01:09:04,232 These folks are running at hell with a bucket of water. 1215 01:09:04,234 --> 01:09:06,101 Case law is filled with challenges 1216 01:09:06,103 --> 01:09:09,705 that could not be made... till they were. 1217 01:09:09,707 --> 01:09:12,441 I'm putting Murphy on writing our response brief. 1218 01:09:12,443 --> 01:09:15,444 - With due respect, Mr. Brown... - Not personal, Bozarth. 1219 01:09:15,446 --> 01:09:18,547 But if we're not careful, this appeal could cast a... 1220 01:09:18,549 --> 01:09:21,684 cloud of unconstitutionality over every federal law 1221 01:09:21,686 --> 01:09:24,019 that differentiates between men and women. 1222 01:09:24,021 --> 01:09:28,290 I need someone more seasoned on this. 1223 01:09:28,292 --> 01:09:31,193 Could you get me the solicitor general, please? 1224 01:09:31,195 --> 01:09:33,597 I pulled the file. I deserve the chance. 1225 01:09:33,599 --> 01:09:35,265 Murphy's a weak sister. 1226 01:09:35,267 --> 01:09:37,667 I know how to win this case, sir. 1227 01:09:37,669 --> 01:09:40,305 Better than Murphy. Better than anyone. 1228 01:09:41,407 --> 01:09:43,573 You need me on this appeal. 1229 01:09:43,575 --> 01:09:46,009 This is Brown. 1230 01:09:46,011 --> 01:09:48,180 I need to see him. 1231 01:09:50,683 --> 01:09:52,449 Okay. 1232 01:09:52,451 --> 01:09:54,317 Tell me. 1233 01:09:54,319 --> 01:09:56,319 Gender equality as a civil right? 1234 01:09:56,321 --> 01:09:58,723 When everyone's aggrieved and everyone's a victim. 1235 01:09:58,725 --> 01:10:01,325 It's what the ACLU does: divide the country 1236 01:10:01,327 --> 01:10:04,328 into smaller and smaller subgroups. 1237 01:10:04,330 --> 01:10:07,064 - Ginsburg. Cancer, right? - Mm-hmm. 1238 01:10:07,066 --> 01:10:10,336 - And the wife, very demanding. - But smart. 1239 01:10:11,471 --> 01:10:13,104 Ten years. 1240 01:10:13,106 --> 01:10:17,308 Ten years I fought to enroll women at Harvard Law. 1241 01:10:17,310 --> 01:10:20,612 The faculty, the university, my wife warned me against it. 1242 01:10:20,614 --> 01:10:24,483 Now I'm solicitor general, it comes back to haunt me. 1243 01:10:24,485 --> 01:10:27,252 Erwin, we could settle. 1244 01:10:27,254 --> 01:10:29,455 Martin Ginsburg was one of my best students, 1245 01:10:29,457 --> 01:10:32,357 a practical young man... we can call him, tell him 1246 01:10:32,359 --> 01:10:35,427 we'll give the man his money and go our separate ways. 1247 01:10:35,429 --> 01:10:37,029 No. No. 1248 01:10:37,031 --> 01:10:39,465 We settle now, it's open season. 1249 01:10:39,467 --> 01:10:42,502 Let's put this idea of gender discrimination to bed 1250 01:10:42,504 --> 01:10:44,102 once and for all. 1251 01:10:44,104 --> 01:10:46,372 They handed us a winnable case. 1252 01:10:46,374 --> 01:10:48,575 Then we'll win it. 1253 01:10:48,577 --> 01:10:50,777 You think he's up to it? 1254 01:10:50,779 --> 01:10:53,313 Oh, Mr. Bozarth is a fine litigator. 1255 01:10:53,315 --> 01:10:55,114 Tell him your idea. 1256 01:10:55,116 --> 01:10:57,183 We list the laws. 1257 01:10:57,185 --> 01:10:58,551 What laws? 1258 01:10:58,553 --> 01:11:01,187 All of them. 1259 01:11:01,189 --> 01:11:03,189 Every federal law that treats men and women differently. 1260 01:11:03,191 --> 01:11:05,593 We show the court exactly what kind of can of worms 1261 01:11:05,595 --> 01:11:06,794 these folks are trying to open. 1262 01:11:06,796 --> 01:11:09,663 But, son, the last anyone checked, 1263 01:11:09,665 --> 01:11:12,700 the U.S. Code was 20,000 pages long. 1264 01:11:12,702 --> 01:11:14,535 Who's going to read it? You? 1265 01:11:14,537 --> 01:11:16,704 I can get it done, sir. 1266 01:11:16,706 --> 01:11:18,672 I just need an introduction. 1267 01:11:18,674 --> 01:11:20,674 To whom? 1268 01:11:20,676 --> 01:11:22,478 The Secretary of Defense. 1269 01:11:45,435 --> 01:11:48,671 These computers will find what we're looking for? 1270 01:11:48,673 --> 01:11:49,839 Yes, sir. 1271 01:11:49,841 --> 01:11:51,373 In just a few days. 1272 01:11:51,375 --> 01:11:53,576 Without any human beings 1273 01:11:53,578 --> 01:11:55,178 actually reading the laws. 1274 01:11:58,583 --> 01:12:01,584 What a horrifying age. 1275 01:12:04,389 --> 01:12:05,855 Ruth Bader Ginsburg? 1276 01:12:05,857 --> 01:12:08,190 Delivery from the Department of Justice. 1277 01:12:08,192 --> 01:12:09,893 Oh. 1278 01:12:09,895 --> 01:12:12,328 Can someone pass me Title XXXIII? 1279 01:12:12,330 --> 01:12:14,898 Get this. There's a law that we're not allowed 1280 01:12:14,900 --> 01:12:17,801 to fly military cargo planes. 1281 01:12:17,803 --> 01:12:19,803 It says here that we're not allowed 1282 01:12:19,805 --> 01:12:22,306 - to work in mines. - Why would you want to? 1283 01:12:22,308 --> 01:12:24,675 Well, that's not the point. We should be allowed. 1284 01:12:24,677 --> 01:12:27,177 You really think you can change all those laws? 1285 01:12:27,179 --> 01:12:29,179 - Kiki? - That's the plan. 1286 01:12:29,181 --> 01:12:30,681 Curtain's up in 45 minutes. 1287 01:12:30,683 --> 01:12:32,215 Might be a novel experience 1288 01:12:32,217 --> 01:12:34,217 to get there before it starts for a change. 1289 01:12:34,219 --> 01:12:37,922 Please tell me that you are... dressed. 1290 01:12:37,924 --> 01:12:39,924 Hi. What are you doing? 1291 01:12:39,926 --> 01:12:42,627 Government's brief came. 1292 01:12:42,629 --> 01:12:45,765 And look who else is on it. 1293 01:12:48,368 --> 01:12:51,936 I knew Griswold was trying to get Brown over to the DOJ. 1294 01:12:51,938 --> 01:12:53,771 Looks like that worked. 1295 01:12:53,773 --> 01:12:56,374 - How's it look? - Check out Appendix E. 1296 01:12:56,376 --> 01:12:58,610 It's every federal law 1297 01:12:58,612 --> 01:13:00,445 that discriminates on the basis of sex. 1298 01:13:00,447 --> 01:13:03,516 We're looking them all up. There must be hundreds. 1299 01:13:05,352 --> 01:13:09,388 - Good God. - Hmm. 1300 01:13:09,390 --> 01:13:12,191 Well, you're convinced Daugherty will see it our way. 1301 01:13:12,193 --> 01:13:15,494 Well, based on reading all of his opinions, yes. 1302 01:13:15,496 --> 01:13:18,263 And so will Holloway. 1303 01:13:18,265 --> 01:13:20,532 But the final judge... 1304 01:13:20,534 --> 01:13:22,267 Doyle... 1305 01:13:22,269 --> 01:13:24,570 well, he's going to be a tougher nut to crack. 1306 01:13:24,572 --> 01:13:27,807 - That's unacceptable. - We need a unanimous decision 1307 01:13:27,809 --> 01:13:29,341 out of the Tenth Circuit, James. 1308 01:13:29,343 --> 01:13:32,211 We don't want so-called gender discrimination 1309 01:13:32,213 --> 01:13:33,947 finding its way to the Supreme Court. 1310 01:13:33,949 --> 01:13:35,415 Yes, sir, I understand that. 1311 01:13:35,417 --> 01:13:37,250 What-what makes this judge so difficult? 1312 01:13:37,252 --> 01:13:39,786 Well, ma'am, he's a civil rights crusader. 1313 01:13:39,788 --> 01:13:41,521 Two years ago, he ordered Denver 1314 01:13:41,523 --> 01:13:44,959 to start busing black students to white schools. 1315 01:13:44,961 --> 01:13:47,293 There were protests, arson, 1316 01:13:47,295 --> 01:13:48,696 demands for him to quit the bench. 1317 01:13:48,698 --> 01:13:51,331 But even after someone threw a bomb at his house, 1318 01:13:51,333 --> 01:13:52,967 Doyle wouldn't budge. 1319 01:13:52,969 --> 01:13:55,536 In that case, he was enforcing the law. 1320 01:13:55,538 --> 01:13:58,439 The Ginsburgs are asking him to make law. 1321 01:13:58,441 --> 01:14:00,574 We need to drive home the difference. 1322 01:14:00,576 --> 01:14:04,779 Paint the judges a picture of the America that will exist 1323 01:14:04,781 --> 01:14:06,614 if they rule the wrong way. 1324 01:14:06,616 --> 01:14:10,986 Children running home from school to find no one's there. 1325 01:14:10,988 --> 01:14:13,989 Mommy's at the office or on a factory floor. 1326 01:14:13,991 --> 01:14:16,591 Man and woman vie for the same job, 1327 01:14:16,593 --> 01:14:18,292 she can work for less. 1328 01:14:18,294 --> 01:14:20,294 What is a man without a paycheck 1329 01:14:20,296 --> 01:14:22,297 to take care of his family? 1330 01:14:22,299 --> 01:14:24,332 What woman would want him? 1331 01:14:24,334 --> 01:14:25,634 Wages would go down. 1332 01:14:25,636 --> 01:14:27,335 Divorce rates would soar. 1333 01:14:27,337 --> 01:14:30,405 The very fabric of our society would begin to unravel. 1334 01:14:30,407 --> 01:14:32,407 Exactly. The other side wants this to be 1335 01:14:32,409 --> 01:14:34,777 about the Equal Protection principle. 1336 01:14:34,779 --> 01:14:36,578 The judges are deciding 1337 01:14:36,580 --> 01:14:38,748 what kind of country, what kind of society 1338 01:14:38,750 --> 01:14:41,450 they want their children and grandchildren to grow up in. 1339 01:14:41,452 --> 01:14:44,420 You make sure the court sees 1340 01:14:44,422 --> 01:14:48,691 what's at stake is the American family. 1341 01:14:48,693 --> 01:14:50,359 Whoa! 1342 01:14:50,361 --> 01:14:52,662 Cool! 1343 01:14:54,532 --> 01:14:55,531 Uh, Mom? 1344 01:14:55,533 --> 01:14:58,334 - Can I be on the jury? - No, there is no jury 1345 01:14:58,336 --> 01:15:01,370 in federal appeals court, no witnesses, no evidence. 1346 01:15:01,372 --> 01:15:03,475 Just you and the judges. 1347 01:15:04,543 --> 01:15:05,809 - Gerry! - Hello. 1348 01:15:05,811 --> 01:15:07,544 - Hello. - How are you? 1349 01:15:07,546 --> 01:15:09,546 - You remember Jane. - Hi. 1350 01:15:09,548 --> 01:15:12,850 Jane, my old professor, Gerald Gunther. 1351 01:15:12,852 --> 01:15:14,885 Come on in. 1352 01:15:14,887 --> 01:15:17,023 Look at you. All grown up. 1353 01:15:19,059 --> 01:15:21,558 - Hello, James. - Hi. 1354 01:15:21,560 --> 01:15:23,393 - What do you think of our courtroom? - Huh. 1355 01:15:23,395 --> 01:15:26,798 Well, all that's missing is Justice holding her scales. 1356 01:15:26,800 --> 01:15:30,502 So, who did Mel find to be the third judge? 1357 01:15:30,504 --> 01:15:33,705 - Pauli Murray. - So he's not making it easy for you, huh? 1358 01:15:33,707 --> 01:15:36,007 - Who's Pauli Murray? - Thurgood Marshall himself 1359 01:15:36,009 --> 01:15:37,509 called Pauli's writings 1360 01:15:37,511 --> 01:15:39,511 the "Bible of the civil rights movement." 1361 01:15:39,513 --> 01:15:41,913 Gerry. I come bearing your gavel. 1362 01:15:45,920 --> 01:15:49,722 Counsel for the appellant, you may proceed. 1363 01:15:49,724 --> 01:15:52,423 Again. 1364 01:15:52,425 --> 01:15:55,360 Your Honors, and may it please the court. 1365 01:15:55,362 --> 01:15:57,563 Section 214 of the tax code 1366 01:15:57,565 --> 01:16:01,567 covers employed single women who care for their dependents, 1367 01:16:01,569 --> 01:16:03,569 but excludes Charles Moritz, 1368 01:16:03,571 --> 01:16:06,438 a-a bachelor, providing the same care. 1369 01:16:06,440 --> 01:16:09,508 My wife stays home to raise our children. 1370 01:16:09,510 --> 01:16:11,510 Are you saying she's oppressed? 1371 01:16:11,512 --> 01:16:14,413 - No, Judge, but as a man, you may not... - No, no, no. 1372 01:16:14,415 --> 01:16:16,583 Stop, stop. Stop. Never make it about the judge. 1373 01:16:16,585 --> 01:16:19,452 You don't think the judge knows he's a man? 1374 01:16:19,454 --> 01:16:20,687 No, I don't want her to put him on the defensive 1375 01:16:20,689 --> 01:16:22,889 - about it, though. - In Brown, we put it out there 1376 01:16:22,891 --> 01:16:24,724 without apology: this is wrong. 1377 01:16:24,726 --> 01:16:27,561 Yeah, no offense, but Ruth doesn't exactly have 1378 01:16:27,563 --> 01:16:29,696 Thurgood Marshall's, uh... 1379 01:16:29,698 --> 01:16:31,565 Balls? 1380 01:16:31,567 --> 01:16:34,634 - Gravitas. - Should I... should I start again? 1381 01:16:34,636 --> 01:16:36,503 Unless you think you won the case already. 1382 01:16:36,505 --> 01:16:39,406 Whenever you're ready. 1383 01:16:39,408 --> 01:16:40,908 Uh, Your Honors, and may it please the court. 1384 01:16:40,910 --> 01:16:42,476 Section 214 of the tax code 1385 01:16:42,478 --> 01:16:43,911 covers employed single women 1386 01:16:43,913 --> 01:16:45,613 who care for their dependents, 1387 01:16:45,615 --> 01:16:47,615 but excludes Charles Moritz, 1388 01:16:47,617 --> 01:16:49,750 a bachelor, providing the same care. 1389 01:16:49,752 --> 01:16:52,587 There is no rational basis, because this... 1390 01:16:52,589 --> 01:16:54,488 Wh-Why is it not rational? 1391 01:16:54,490 --> 01:16:56,557 Men go out; women stay home. 1392 01:16:56,559 --> 01:16:58,994 It's been the way of things for thousands of years. 1393 01:16:58,996 --> 01:17:02,097 H-Historical justification was also used to legitimize 1394 01:17:02,099 --> 01:17:04,432 the separation of the races. 1395 01:17:04,434 --> 01:17:06,468 - Now, classification... - Are you saying 1396 01:17:06,470 --> 01:17:08,604 race and gender are the same? 1397 01:17:10,174 --> 01:17:11,840 W-Well... 1398 01:17:11,842 --> 01:17:13,475 both are... 1399 01:17:13,477 --> 01:17:15,777 unalterable biological traits. 1400 01:17:15,779 --> 01:17:18,480 This nation struggles to give blacks 1401 01:17:18,482 --> 01:17:20,449 fair representation throughout society. 1402 01:17:20,451 --> 01:17:22,484 - Can you pass that? - And you're saying that, 1403 01:17:22,486 --> 01:17:24,653 if we decide in your client's favor, 1404 01:17:24,655 --> 01:17:27,590 we're committing ourselves to moving towards half 1405 01:17:27,592 --> 01:17:29,893 of our, I don't know, firemen being women, 1406 01:17:29,895 --> 01:17:31,828 half our nurses being men? 1407 01:17:31,830 --> 01:17:34,564 But why shouldn't men be nurses? And if-if women want 1408 01:17:34,566 --> 01:17:36,032 - to fight fires, then... - What about pilots? 1409 01:17:36,034 --> 01:17:38,801 Yeah, again, if women choose to take on these roles... 1410 01:17:38,803 --> 01:17:40,037 - Judges? - Why not? 1411 01:17:40,039 --> 01:17:41,638 CEOs? Generals? 1412 01:17:41,640 --> 01:17:42,907 What about garbagemen? You want to be a garbageman? 1413 01:17:42,909 --> 01:17:45,776 Well, and if-if men want to be teachers or raise children... 1414 01:17:45,778 --> 01:17:48,078 - Oh, come on. - Percentages aren't the point. 1415 01:17:48,080 --> 01:17:50,180 - Wrong. - People should be able to pursue their passions. 1416 01:17:50,182 --> 01:17:51,749 Wrong, wrong. You're screwing it up, Ruth! 1417 01:17:51,751 --> 01:17:53,617 Have you... have you read the appendix 1418 01:17:53,619 --> 01:17:55,185 - attached to their brief? - You're making the wrong case. 1419 01:17:55,187 --> 01:17:58,222 These are laws written by men who think we are privileged 1420 01:17:58,224 --> 01:18:00,724 to be excused from men's obligations. 1421 01:18:00,726 --> 01:18:02,893 But it is not a privilege, it is a cage, 1422 01:18:02,895 --> 01:18:05,531 and these laws are the bars! 1423 01:18:12,105 --> 01:18:13,905 So, that's it? 1424 01:18:13,907 --> 01:18:17,177 You're gonna take them all on at the same time? 1425 01:18:22,249 --> 01:18:24,149 You asked the questions. 1426 01:18:24,151 --> 01:18:26,751 Well, it doesn't mean you have to fucking answer them, Ruth. 1427 01:18:26,753 --> 01:18:29,088 You're making the government's case for them. 1428 01:18:29,090 --> 01:18:32,724 Look, you either make this case about one man, or you lose. 1429 01:18:32,726 --> 01:18:34,260 'Cause to the judges, you're not talking 1430 01:18:34,262 --> 01:18:35,761 about women in the abstract. 1431 01:18:35,763 --> 01:18:37,763 You're talking about their wives, 1432 01:18:37,765 --> 01:18:40,866 at home, you know, baking briskets. 1433 01:18:40,868 --> 01:18:42,737 You braise a brisket. You don't bake it. 1434 01:18:43,805 --> 01:18:46,138 - Perhaps that's enough, Mel. - No. 1435 01:18:46,140 --> 01:18:48,476 I don't think it is, Gerry. 1436 01:18:49,877 --> 01:18:52,945 Look, when you were a kid, you were pretty 1437 01:18:52,947 --> 01:18:55,182 and you were smart as a whip, but you're coming across 1438 01:18:55,184 --> 01:18:57,951 as this bitter, unlikable shrew that I don't even recognize. 1439 01:18:57,953 --> 01:19:01,121 And if that's who shows up in Denver, you will blow it. 1440 01:19:01,123 --> 01:19:03,759 And would it kill you to smile? 1441 01:19:04,727 --> 01:19:07,160 That's your advice? Just... 1442 01:19:07,162 --> 01:19:10,630 ignore the judges and smile? 1443 01:19:10,632 --> 01:19:13,569 Pâté is the best I've ever tasted. 1444 01:19:16,339 --> 01:19:18,039 You could evade. 1445 01:19:18,041 --> 01:19:19,606 Should women be firefighters? 1446 01:19:19,608 --> 01:19:20,640 "With all due respect, Your Honor, 1447 01:19:20,642 --> 01:19:21,976 "I haven't considered it, 1448 01:19:21,978 --> 01:19:23,277 because my client isn't a firefighter." 1449 01:19:23,279 --> 01:19:25,179 Or you can redirect. 1450 01:19:25,181 --> 01:19:28,249 "With respect, Judge, this case is not about firefighters. 1451 01:19:28,251 --> 01:19:29,951 "It's about taxpayers, and there's nothing 1452 01:19:29,953 --> 01:19:32,987 inherently masculine about paying taxes." 1453 01:19:32,989 --> 01:19:36,124 Or crack a joke. "Your Honor, anyone who's raised a child 1454 01:19:36,126 --> 01:19:37,292 "couldn't possibly be intimidated 1455 01:19:37,294 --> 01:19:38,993 by a burning building." 1456 01:19:38,995 --> 01:19:41,030 And then bring them back to your case. 1457 01:19:41,032 --> 01:19:43,300 Marty, you should do the oral arguments. 1458 01:19:44,335 --> 01:19:45,700 No, no, no. 1459 01:19:45,702 --> 01:19:47,336 Ruth is the expert on gender law. 1460 01:19:47,338 --> 01:19:49,004 At least half this case is tax. 1461 01:19:49,006 --> 01:19:52,007 Uh, the most important thing is that Charles Moritz wins. 1462 01:19:52,009 --> 01:19:53,944 I said no, Mel. Drop it. 1463 01:19:56,614 --> 01:19:58,847 They could split the time. 1464 01:19:58,849 --> 01:20:00,216 Martin goes first, 1465 01:20:00,218 --> 01:20:02,017 focuses the argument on tax. 1466 01:20:02,019 --> 01:20:04,955 Then Ruth steps in, talks about gender. 1467 01:20:10,328 --> 01:20:12,662 - Pauli, here you go. - Thank you. 1468 01:20:12,664 --> 01:20:14,330 - Gerry, this is yours. - Mel. Mel. 1469 01:20:14,332 --> 01:20:16,332 There is no aspect of the law 1470 01:20:16,334 --> 01:20:18,101 at which Ruth Ginsburg can be bested. 1471 01:20:18,103 --> 01:20:20,703 I don't know how things work at the ACLU, but if anyone 1472 01:20:20,705 --> 01:20:23,073 at my firm couldn't see that, they would be fired. 1473 01:20:23,075 --> 01:20:24,375 Objection noted, counselor. 1474 01:20:24,377 --> 01:20:26,676 - She's still arguing half. - This is her... 1475 01:20:26,678 --> 01:20:27,977 Listen, she's written a revolutionary argument, 1476 01:20:27,979 --> 01:20:31,182 but brief writing is an academic's job. Okay? 1477 01:20:31,184 --> 01:20:32,950 Oral arguments require a lawyer 1478 01:20:32,952 --> 01:20:35,219 who can command a judge's respect. 1479 01:20:35,221 --> 01:20:37,154 A real appellate lawyer. 1480 01:20:38,724 --> 01:20:40,157 Oh, what a team you're gonna be. 1481 01:20:40,159 --> 01:20:41,425 It was a good experience. 1482 01:20:41,427 --> 01:20:43,260 I think that was a very productive exercise. 1483 01:20:43,262 --> 01:20:44,862 I have to go to a fund-raiser. 1484 01:20:44,864 --> 01:20:47,098 Pauli, Gerry, you want to split a cab downtown? 1485 01:20:47,100 --> 01:20:48,601 - Sure. - Sure. 1486 01:20:50,970 --> 01:20:53,171 - Good team, huh? - It's good to see you, Gerry. 1487 01:20:53,173 --> 01:20:54,372 Thank you for coming. 1488 01:20:54,374 --> 01:20:56,742 - Bye-bye. - Bye. - Bye. Great to see you. 1489 01:21:03,117 --> 01:21:04,918 Bye. 1490 01:21:12,693 --> 01:21:14,759 You have such a light touch. 1491 01:21:14,761 --> 01:21:17,762 It... it's just effortless for you, 1492 01:21:17,764 --> 01:21:21,167 - isn't it? - Uh... Mel was goading you. 1493 01:21:21,169 --> 01:21:23,369 He was trying to make you feel overwhelmed. That's... 1494 01:21:23,371 --> 01:21:26,305 Of course he was. He's a relentless prick. 1495 01:21:26,307 --> 01:21:28,074 But it doesn't change the fact 1496 01:21:28,076 --> 01:21:29,842 - that I'm not ready. - It's not your fault. 1497 01:21:29,844 --> 01:21:31,244 - You've never done this before. - Well, is that what 1498 01:21:31,246 --> 01:21:33,915 I'm supposed to tell Charlie when I blow it in court? 1499 01:21:38,086 --> 01:21:41,221 Do you want Theories in Public Taxation with you in Denver? 1500 01:21:41,223 --> 01:21:44,424 Who needs a tax reference when you have Marty? 1501 01:21:44,426 --> 01:21:46,393 Did you pack the, uh... 1502 01:21:46,395 --> 01:21:48,095 the Kirk v. Commission brief? 1503 01:21:48,097 --> 01:21:49,363 Yes. 1504 01:21:49,365 --> 01:21:51,365 Rutgers Law. 1505 01:21:51,367 --> 01:21:53,836 It's Mel Wulf for you. 1506 01:21:55,004 --> 01:21:56,471 Just tell him I'm not here. 1507 01:21:56,473 --> 01:21:59,206 I'm sorry, Mr.... 1508 01:21:59,208 --> 01:22:01,444 He says it's urgent. 1509 01:22:10,353 --> 01:22:12,820 - Yeah. - What was so important? 1510 01:22:12,822 --> 01:22:14,355 I'm excited to work with you. 1511 01:22:14,357 --> 01:22:15,757 Ah-ah. Shh, shh. Ah-ah. No. 1512 01:22:15,759 --> 01:22:17,060 I understand. 1513 01:22:18,128 --> 01:22:20,295 She just walked in. 1514 01:22:20,297 --> 01:22:22,032 And to you, too. 1515 01:22:23,367 --> 01:22:24,500 Okay. 1516 01:22:24,502 --> 01:22:26,968 Ruth Ginsburg, Allen Derr. 1517 01:22:26,970 --> 01:22:28,803 How do you do? 1518 01:22:28,805 --> 01:22:30,105 The Supreme Court just announced they're gonna hear 1519 01:22:30,107 --> 01:22:32,843 Reed v. Reed on appeal from the Idaho Supreme Court. 1520 01:22:33,978 --> 01:22:36,045 - That's fantastic. - Mrs. Reed is 1521 01:22:36,047 --> 01:22:37,880 very excited for the opportunity. 1522 01:22:37,882 --> 01:22:39,882 Uh, Allen's Sally Reed's lawyer. 1523 01:22:39,884 --> 01:22:43,319 So... is the ACLU gonna help? 1524 01:22:43,321 --> 01:22:45,187 Mm, you told me it was the right thing to do, right? 1525 01:22:45,189 --> 01:22:46,922 Mel says that no one knows this area 1526 01:22:46,924 --> 01:22:47,990 of the law better than you. 1527 01:22:47,992 --> 01:22:50,227 You're our secret weapon, Ruth. 1528 01:22:50,229 --> 01:22:51,860 So... 1529 01:22:51,862 --> 01:22:55,766 y-you want me... in the Supreme Court? 1530 01:22:56,468 --> 01:22:59,336 I, uh... uh... 1531 01:22:59,338 --> 01:23:02,908 I-I told Allen you'd be eager to help him write his brief. 1532 01:23:06,278 --> 01:23:08,144 Oh. 1533 01:23:08,146 --> 01:23:09,279 Well... basically, 1534 01:23:09,281 --> 01:23:11,815 take the Moritz brief and swap around the pronouns. 1535 01:23:11,817 --> 01:23:13,284 - Isn't that right? - Well, it's a... 1536 01:23:13,286 --> 01:23:14,884 little more involved than that. 1537 01:23:14,886 --> 01:23:16,153 Joking. 1538 01:23:16,155 --> 01:23:18,055 All right, let's start right away. 1539 01:23:18,057 --> 01:23:20,224 Allen, uh, enjoy the city. You should catch a show 1540 01:23:20,226 --> 01:23:23,160 - while you're here. - Oh, well, thank you. 1541 01:23:23,162 --> 01:23:25,031 - Yeah. - Yeah. 1542 01:23:26,165 --> 01:23:27,465 Oh, uh, Kiki and I have 1543 01:23:27,467 --> 01:23:29,166 some stuff to discuss. 1544 01:23:29,168 --> 01:23:31,603 Yes, of course. I'll-I'll get out of your way. 1545 01:23:31,605 --> 01:23:34,138 Uh, it was a pleasure meeting you, Ruth. 1546 01:23:34,140 --> 01:23:35,340 Or Kiki. 1547 01:23:35,342 --> 01:23:37,043 Uh... Mel. 1548 01:23:38,178 --> 01:23:40,479 - Oh. Um, I... - Ah. Don't forget that. 1549 01:23:40,481 --> 01:23:42,849 Mustn't forget that, yeah. 1550 01:23:44,618 --> 01:23:45,851 What a schmuck. 1551 01:23:45,853 --> 01:23:47,853 Let me argue Reed in court. 1552 01:23:47,855 --> 01:23:49,855 - Oh, give me a break. - I have no less experience 1553 01:23:49,857 --> 01:23:51,256 than Allen Derr in federal court. 1554 01:23:51,258 --> 01:23:53,025 - You have zero experience. - If you're gonna use 1555 01:23:53,027 --> 01:23:54,627 - my arguments... - He's been Sally Reed's lawyer 1556 01:23:54,629 --> 01:23:56,429 for three years; she trusts him. 1557 01:23:56,431 --> 01:23:59,064 She wouldn't even let me argue the case. Now, listen to me 1558 01:23:59,066 --> 01:24:01,534 for a second... we have someone else to discuss. 1559 01:24:01,536 --> 01:24:03,069 Ernie Brown called this morning. 1560 01:24:03,071 --> 01:24:05,071 In light of Reed going to the Supreme Court, 1561 01:24:05,073 --> 01:24:07,640 the government wants to settle the Moritz case for a dollar. 1562 01:24:07,642 --> 01:24:10,076 Reed ups the profile of our case. 1563 01:24:10,078 --> 01:24:11,577 Th-They're getting nervous. 1564 01:24:11,579 --> 01:24:15,016 I told them you'd be in D.C. on Monday to sign the paperwork. 1565 01:24:16,885 --> 01:24:19,052 Why would you say that? 1566 01:24:19,054 --> 01:24:20,554 Charlie won't want to settle. 1567 01:24:20,556 --> 01:24:22,088 Well, convince him. 1568 01:24:22,090 --> 01:24:24,325 I will not. 1569 01:24:24,327 --> 01:24:27,561 First, you took half the argument away from me... 1570 01:24:27,563 --> 01:24:30,631 Nobody took anything away from you, Ruth. 1571 01:24:30,633 --> 01:24:32,099 You weren't robbed in the middle of the night. 1572 01:24:32,101 --> 01:24:33,334 All right? I was giving you this opportunity 1573 01:24:33,336 --> 01:24:36,170 - for the good of the cause. - You think you gave this to me? 1574 01:24:36,172 --> 01:24:39,039 In fact, I did. And get your emotions in check. 1575 01:24:39,041 --> 01:24:40,843 You first. 1576 01:24:41,578 --> 01:24:43,077 Allen is gonna be arguing 1577 01:24:43,079 --> 01:24:46,080 in the Supreme Court that times have changed. 1578 01:24:46,082 --> 01:24:47,549 We can't afford the Tenth Circuit 1579 01:24:47,551 --> 01:24:49,016 saying that they haven't. 1580 01:24:49,018 --> 01:24:50,918 Nothing would strengthen the argument more 1581 01:24:50,920 --> 01:24:53,221 - than the appeals court deciding for Charlie. - Yes, 1582 01:24:53,223 --> 01:24:55,123 that would be very nice, but here in the real world, 1583 01:24:55,125 --> 01:24:57,092 - with working lawyers... - You think I can't be persuasive? 1584 01:24:57,094 --> 01:24:58,259 Oh, I've never been more certain 1585 01:24:58,261 --> 01:25:00,528 about anything in my life, Ruth. 1586 01:25:00,530 --> 01:25:02,397 You don't get to tell me when to quit. 1587 01:25:02,399 --> 01:25:04,366 You couldn't even make it through moot court 1588 01:25:04,368 --> 01:25:05,902 without embarrassing yourself. 1589 01:25:07,003 --> 01:25:10,138 You will lose, Ruth. And when you do, 1590 01:25:10,140 --> 01:25:12,140 you will set the women's movement back ten years. More. 1591 01:25:12,142 --> 01:25:14,610 We are dodging a bullet here. 1592 01:25:14,612 --> 01:25:18,182 Are you the only one that can't see that? 1593 01:25:29,394 --> 01:25:31,961 These are Allen's briefs from the previous appeals. 1594 01:25:31,963 --> 01:25:34,731 Tie them into the framework of the Moritz brief. 1595 01:25:34,733 --> 01:25:36,934 I'll review it when you're done. 1596 01:25:39,505 --> 01:25:42,141 It's a Supreme Court brief. 1597 01:25:43,509 --> 01:25:46,912 I can assign it to someone else if that's what you'd prefer. 1598 01:26:00,760 --> 01:26:02,460 Oh, and-and, Ruth. 1599 01:26:02,462 --> 01:26:06,032 Uh, the sooner you call Charlie, the better. 1600 01:26:17,076 --> 01:26:19,545 I had this idea. 1601 01:26:19,547 --> 01:26:20,746 What's that? 1602 01:26:20,748 --> 01:26:23,114 Well, it doesn't matter now. 1603 01:26:23,116 --> 01:26:25,152 Tell me. 1604 01:26:26,620 --> 01:26:29,655 We could have taken Appendix E from the government's brief, 1605 01:26:29,657 --> 01:26:33,358 that entire comprehensive list of laws 1606 01:26:33,360 --> 01:26:36,228 that differentiates between the sexes, and... 1607 01:26:36,230 --> 01:26:38,731 and turn it into our own hit list. 1608 01:26:38,733 --> 01:26:41,133 We could have started a special project 1609 01:26:41,135 --> 01:26:43,703 at the ACLU to go after those laws one by one, 1610 01:26:43,705 --> 01:26:45,438 in the legislature, in the courts, 1611 01:26:45,440 --> 01:26:49,311 until women and men were genuinely equal under the law. 1612 01:26:52,180 --> 01:26:55,183 And I've been running around claiming things have changed. 1613 01:27:38,729 --> 01:27:41,164 Daddy told me about the case. 1614 01:27:44,268 --> 01:27:47,371 Why is Mel Wulf being such a dick? 1615 01:27:50,107 --> 01:27:51,874 He thinks I'm gonna lose. 1616 01:27:51,876 --> 01:27:54,311 No way, Jose. Not in my experience. 1617 01:28:02,587 --> 01:28:06,188 As Mr. Moritz's lawyer, I'm... 1618 01:28:06,190 --> 01:28:09,394 I'm ethically bound to convey him the offer. 1619 01:28:12,597 --> 01:28:17,901 So would you like help taking apart your life's work, or... 1620 01:28:17,903 --> 01:28:21,473 is that something you'd rather do by yourself? 1621 01:28:22,808 --> 01:28:24,341 I... 1622 01:28:24,343 --> 01:28:27,346 I know that this case, that... 1623 01:28:31,650 --> 01:28:34,284 ...that I disrupted our lives, 1624 01:28:34,286 --> 01:28:36,221 and... 1625 01:28:38,223 --> 01:28:40,223 I'm sorry. 1626 01:28:40,225 --> 01:28:44,096 Sorry for what? For-for doing your job? 1627 01:28:48,902 --> 01:28:51,736 Who is it for... 1628 01:28:51,738 --> 01:28:54,107 if not for me? 1629 01:28:59,346 --> 01:29:01,512 And they'll say it, right? That I'm not a cheater, 1630 01:29:01,514 --> 01:29:03,916 - that the law is unfair? - No, Charlie, 1631 01:29:03,918 --> 01:29:06,384 the government won't say that on its own. 1632 01:29:06,386 --> 01:29:09,390 But if they don't say it, how will I have won? 1633 01:29:11,425 --> 01:29:13,959 You-you haven't. 1634 01:29:13,961 --> 01:29:16,397 But you-you get the money. 1635 01:29:18,699 --> 01:29:21,266 What about everyone else? 1636 01:29:21,268 --> 01:29:23,803 When you came to see me, you said... 1637 01:29:23,805 --> 01:29:26,906 Charlie, the settlement is only for you. 1638 01:29:26,908 --> 01:29:30,443 No one else can benefit. 1639 01:29:30,445 --> 01:29:32,479 But could we win? 1640 01:29:32,481 --> 01:29:33,713 Well... 1641 01:29:33,715 --> 01:29:35,815 we could, and... 1642 01:29:35,817 --> 01:29:38,453 and the impact would last generations. 1643 01:29:40,656 --> 01:29:43,356 But the ACLU feels... 1644 01:29:43,358 --> 01:29:46,526 it's best if you take the offer. 1645 01:29:47,997 --> 01:29:50,831 But you're my lawyer, Ruth. 1646 01:29:50,833 --> 01:29:53,268 What do you think? 1647 01:30:00,243 --> 01:30:02,643 - Ah, Ruth. - Professor Brown. 1648 01:30:02,645 --> 01:30:03,978 Please come in. 1649 01:30:07,583 --> 01:30:08,850 Dean Griswold. 1650 01:30:08,852 --> 01:30:10,685 Mrs. Ginsburg. 1651 01:30:10,687 --> 01:30:15,423 I'm pleased you found a use for your Harvard education. 1652 01:30:15,425 --> 01:30:18,595 Actually, what I'm doing now, I learned at Columbia. 1653 01:30:19,663 --> 01:30:21,563 Ah. 1654 01:30:21,565 --> 01:30:24,566 Ruth was always my most thoroughly prepared student. 1655 01:30:24,568 --> 01:30:27,736 So much to prove. 1656 01:30:27,738 --> 01:30:31,007 These days, the girls are as hopeless as the men. 1657 01:30:31,009 --> 01:30:33,876 How's little Jane? 1658 01:30:33,878 --> 01:30:35,644 Not so little. 1659 01:30:35,646 --> 01:30:37,479 And we have another. James. 1660 01:30:37,481 --> 01:30:39,849 Mm, I'm sure they keep you busy. 1661 01:30:39,851 --> 01:30:41,651 Yes. 1662 01:30:41,653 --> 01:30:43,455 Both of us. 1663 01:30:44,723 --> 01:30:47,392 Ernie has your paperwork ready. 1664 01:30:50,495 --> 01:30:54,031 My client was very excited about your offer. 1665 01:30:54,033 --> 01:30:56,632 Good. Good. 1666 01:30:56,634 --> 01:30:59,069 He did, however, have some conditions. 1667 01:30:59,071 --> 01:31:00,671 Conditions? 1668 01:31:00,673 --> 01:31:02,505 What kind of conditions? 1669 01:31:02,507 --> 01:31:04,742 First of all, he'd like you to forgive 1670 01:31:04,744 --> 01:31:06,309 a hundred percent of the money. 1671 01:31:06,311 --> 01:31:07,911 None of this one dollar business. 1672 01:31:07,913 --> 01:31:09,379 Yes, well, I'm sure 1673 01:31:09,381 --> 01:31:10,948 we can manage to arrange that. 1674 01:31:10,950 --> 01:31:12,816 And he'd like the government to concede 1675 01:31:12,818 --> 01:31:14,386 that he did nothing wrong. 1676 01:31:15,955 --> 01:31:17,788 And enter into the court record 1677 01:31:17,790 --> 01:31:19,656 that Section 214 of the tax code 1678 01:31:19,658 --> 01:31:21,658 discriminates on the basis of sex 1679 01:31:21,660 --> 01:31:24,263 and is therefore unconstitutional. 1680 01:31:25,331 --> 01:31:27,531 I can't agree to that. 1681 01:31:27,533 --> 01:31:29,067 And you know it. 1682 01:31:29,069 --> 01:31:31,370 Does Mel Wulf know about this? 1683 01:31:33,974 --> 01:31:37,410 Then we'll see you in court. 1684 01:31:47,722 --> 01:31:49,556 Thank you, gentlemen. 1685 01:31:50,625 --> 01:31:52,091 It was a pleasure. 1686 01:32:00,935 --> 01:32:02,835 Your Honors... 1687 01:32:02,837 --> 01:32:04,772 and may it please the court. 1688 01:32:07,842 --> 01:32:11,077 Your Honors... and may it please the court. 1689 01:32:11,079 --> 01:32:13,479 Your Honors, and may it... 1690 01:32:13,481 --> 01:32:15,949 Section 214 of the tax code. 1691 01:32:15,951 --> 01:32:18,319 Section 214 of the tax code. 1692 01:32:27,729 --> 01:32:29,964 Your Honors... 1693 01:32:29,966 --> 01:32:32,834 and may it please the court. 1694 01:32:59,495 --> 01:33:01,765 Good morning. 1695 01:33:06,971 --> 01:33:08,804 You're ready for this. 1696 01:33:08,806 --> 01:33:11,206 You've been ready for this your whole life. 1697 01:33:11,208 --> 01:33:13,976 So go in there and let the judges see 1698 01:33:13,978 --> 01:33:16,547 the Ruth Ginsburg I know. 1699 01:33:21,552 --> 01:33:23,652 - Oh, Professor Brown. - Marty. 1700 01:33:23,654 --> 01:33:25,889 - Good to see you. - You remember our daughter Jane. 1701 01:34:07,633 --> 01:34:09,968 - Charlie. - Good morning. 1702 01:34:09,970 --> 01:34:12,739 - You must be Jane. - Nice to meet you, Mr. Moritz. 1703 01:34:18,045 --> 01:34:20,178 - Mr. Ginsburg. - No, uh, Mel Wulf. 1704 01:34:20,180 --> 01:34:22,747 - ACLU. - That's me. I'm Mr. Ginsburg. 1705 01:34:22,749 --> 01:34:24,484 - Nice to meet you, Charles. - My pleasure. 1706 01:34:31,591 --> 01:34:33,660 Well, here we are. 1707 01:34:40,868 --> 01:34:42,068 All rise. 1708 01:34:42,070 --> 01:34:45,838 The United States Court of Appeals for the Tenth Circuit 1709 01:34:45,840 --> 01:34:47,240 is now in session. 1710 01:34:47,242 --> 01:34:51,043 Judges Doyle, Holloway and Daugherty presiding. 1711 01:34:51,045 --> 01:34:53,182 Be seated. 1712 01:34:56,952 --> 01:35:00,020 You have a century of case law on your side. 1713 01:35:00,022 --> 01:35:02,191 Just do your job. 1714 01:35:04,560 --> 01:35:05,926 The first case is 1715 01:35:05,928 --> 01:35:08,862 docket number 71-1127. 1716 01:35:08,864 --> 01:35:11,999 Charles Moritz v. Commissioner of Internal Revenue. 1717 01:35:12,001 --> 01:35:14,102 Each side will have 30 minutes to present. 1718 01:35:14,104 --> 01:35:16,636 When two minutes remain, the court clerk will rise 1719 01:35:16,638 --> 01:35:20,141 to give warning; when your time is up, he will sit. 1720 01:35:20,143 --> 01:35:22,276 Counsel for the appellant, 1721 01:35:22,278 --> 01:35:24,948 Mr. Ginsburg, you may proceed. 1722 01:35:28,218 --> 01:35:30,885 Good morning, Your Honors, and may it please the court. 1723 01:35:30,887 --> 01:35:32,587 Today we are going to demonstrate 1724 01:35:32,589 --> 01:35:34,822 that Section 214 of the U.S. tax code 1725 01:35:34,824 --> 01:35:37,125 unfairly discriminates against our client, 1726 01:35:37,127 --> 01:35:38,327 Mr. Charles Moritz, 1727 01:35:38,329 --> 01:35:41,796 because he is a man. 1728 01:35:41,798 --> 01:35:44,632 Congress assumed that 1729 01:35:44,634 --> 01:35:46,268 a caregiver is most likely a woman. 1730 01:35:46,270 --> 01:35:48,303 Is that so unreasonable? 1731 01:35:48,305 --> 01:35:52,074 If the law says all caregivers are entitled to a deduction, 1732 01:35:52,076 --> 01:35:54,376 and if the writers, in the back of their mind, 1733 01:35:54,378 --> 01:35:56,278 thought, well, this will only apply to women, 1734 01:35:56,280 --> 01:35:58,013 then that would be an assumption. 1735 01:35:58,015 --> 01:35:59,782 But they went farther than that, Judge. 1736 01:35:59,784 --> 01:36:01,850 They explicitly list who qualifies 1737 01:36:01,852 --> 01:36:03,819 - as a caregiver. - As is their prerogative. 1738 01:36:03,821 --> 01:36:05,821 Yes, but, Judge, I doubt that you would turn 1739 01:36:05,823 --> 01:36:08,158 the same blind eye if it said only white caregivers. 1740 01:36:08,160 --> 01:36:10,226 Oh, that's hardly the same thing. 1741 01:36:10,228 --> 01:36:12,829 Respectfully, we disagree. 1742 01:36:12,831 --> 01:36:14,898 I'm gonna turn it over to my cocounsel, 1743 01:36:14,900 --> 01:36:16,633 who will discuss the constitutional questions... 1744 01:36:16,635 --> 01:36:19,571 You're telling us that race and gender are the same? 1745 01:36:21,807 --> 01:36:23,740 My cocounsel... 1746 01:36:23,742 --> 01:36:25,376 Yes, yes, we'll get to her in a minute. 1747 01:36:25,378 --> 01:36:28,845 But I'd appreciate an answer to my question. 1748 01:36:28,847 --> 01:36:30,847 In order for a law to discriminate, 1749 01:36:30,849 --> 01:36:33,117 it must distinguish between groups arbitrarily. 1750 01:36:33,119 --> 01:36:34,318 Is that correct? 1751 01:36:34,320 --> 01:36:36,387 My cocounsel will... 1752 01:36:36,389 --> 01:36:37,955 Mr. Ginsburg. 1753 01:36:37,957 --> 01:36:39,725 I have asked you. 1754 01:36:45,765 --> 01:36:47,765 It must be arbitrary. Yes. 1755 01:36:47,767 --> 01:36:50,901 And in this case, we believe the law is. 1756 01:36:50,903 --> 01:36:53,138 Mr. Moritz is a man who never married. 1757 01:36:53,140 --> 01:36:54,738 That may make him less likely 1758 01:36:54,740 --> 01:36:56,740 to have childcare responsibilities, 1759 01:36:56,742 --> 01:36:58,176 but not parent care responsibilities. 1760 01:36:58,178 --> 01:37:00,846 - And had he been a woman... - And to your mind, 1761 01:37:00,848 --> 01:37:03,415 classifications of this kind must always be discriminatory? 1762 01:37:03,417 --> 01:37:04,950 There's some help. He's asking him 1763 01:37:04,952 --> 01:37:06,284 to make a broad categorical claim. 1764 01:37:06,286 --> 01:37:07,786 I can't speak to always, Judge. 1765 01:37:07,788 --> 01:37:11,091 I can only speak to this case and this man. 1766 01:37:12,393 --> 01:37:14,327 Very well. 1767 01:37:14,329 --> 01:37:15,760 Thank you. 1768 01:37:15,762 --> 01:37:17,031 Then speak of him. 1769 01:37:22,871 --> 01:37:26,839 Again, the only distinction between our client, Mr. Moritz, 1770 01:37:26,841 --> 01:37:30,042 and any other caregiver, in Judge Daugherty's words, 1771 01:37:30,044 --> 01:37:31,844 is arbitrary. 1772 01:37:31,846 --> 01:37:33,212 Thank you, 1773 01:37:33,214 --> 01:37:36,350 and I cede the remainder of my time to my cocounsel. 1774 01:38:03,213 --> 01:38:04,947 Your Honors... 1775 01:38:07,484 --> 01:38:10,020 Whenever you're ready, Mrs. Ginsburg. 1776 01:38:12,923 --> 01:38:15,490 Your Honors, and may it please the court. 1777 01:38:15,492 --> 01:38:17,759 Section 214 1778 01:38:17,761 --> 01:38:20,462 denies Mr. Moritz a caregiver tax deduction 1779 01:38:20,464 --> 01:38:24,032 available to similarly situated women... 1780 01:38:24,034 --> 01:38:26,834 Yes, yes, we've... we've been through all that. 1781 01:38:26,836 --> 01:38:29,837 Uh, Mrs. Ginsburg, you are aware 1782 01:38:29,839 --> 01:38:33,377 that the government has three coequal branches? 1783 01:38:36,781 --> 01:38:39,181 - Mrs. Ginsburg? - Yes, of course, Your Honor. 1784 01:38:39,183 --> 01:38:43,120 And that it is the Congress's role to write law? 1785 01:38:45,056 --> 01:38:48,427 Your Honor, I understand how government works. 1786 01:38:49,994 --> 01:38:51,729 Take it easy, Ruth. 1787 01:38:52,863 --> 01:38:56,499 Well, uh, sometimes a law, even a good law, 1788 01:38:56,501 --> 01:38:58,902 even a law that is legal under the Constitution, 1789 01:38:58,904 --> 01:39:01,371 may not be good for every individual it affects. 1790 01:39:01,373 --> 01:39:03,173 I have a question. 1791 01:39:03,175 --> 01:39:05,275 If I understand correctly, 1792 01:39:05,277 --> 01:39:08,446 you're concerned about men and women being pigeonholed 1793 01:39:08,448 --> 01:39:10,847 into certain roles based on gender. 1794 01:39:10,849 --> 01:39:12,283 Yes, that's correct. 1795 01:39:12,285 --> 01:39:13,883 - Because... - Excuse me. 1796 01:39:13,885 --> 01:39:15,186 Uh, that wasn't my question. 1797 01:39:15,188 --> 01:39:17,321 It strikes me that the caregiver deduction 1798 01:39:17,323 --> 01:39:19,156 does the opposite. 1799 01:39:19,158 --> 01:39:22,159 It helps women be able to work outside the home. 1800 01:39:22,161 --> 01:39:24,130 Isn't that a good thing? 1801 01:39:25,298 --> 01:39:27,365 But the law assumes it must be the woman 1802 01:39:27,367 --> 01:39:30,101 who is supposed to be at home in the first place. 1803 01:39:30,103 --> 01:39:32,837 Well, that is the case in every family I know. 1804 01:39:32,839 --> 01:39:34,573 So it's the assumption that's the problem. 1805 01:39:34,575 --> 01:39:37,008 Then when can a law differentiate 1806 01:39:37,010 --> 01:39:39,779 on the basis of sex? Never? 1807 01:39:41,048 --> 01:39:44,283 When the classification rationally relates to the law. 1808 01:39:44,285 --> 01:39:47,419 Keeping women out of combat, for example. 1809 01:39:47,421 --> 01:39:49,388 I'm not sure whether I agree with that example... 1810 01:39:49,390 --> 01:39:52,457 Oh, so you think women belong on the front lines now, too? 1811 01:39:52,459 --> 01:39:54,192 No, that's not what... 1812 01:39:54,194 --> 01:39:56,194 Gender, like race, 1813 01:39:56,196 --> 01:39:58,498 is a biological, unalterable trait. 1814 01:39:58,500 --> 01:40:01,301 There is nothing that women are inherently better at than men, 1815 01:40:01,303 --> 01:40:02,435 nor vice versa. 1816 01:40:02,437 --> 01:40:04,304 Growing a beard? 1817 01:40:04,306 --> 01:40:05,338 Well, that's... 1818 01:40:05,340 --> 01:40:07,273 Lactation. 1819 01:40:07,275 --> 01:40:09,275 No thinking person could possibly imagine 1820 01:40:09,277 --> 01:40:11,344 that Charles Moritz's gender relates 1821 01:40:11,346 --> 01:40:14,149 to his abilit... 1822 01:40:16,552 --> 01:40:19,152 Why can't we, Mrs. Ginsburg? 1823 01:40:19,154 --> 01:40:22,623 In most households, aren't women the primary caregivers? 1824 01:40:22,625 --> 01:40:25,091 Aren't men the breadwinners? 1825 01:40:25,093 --> 01:40:27,196 Aren't they? 1826 01:40:33,336 --> 01:40:36,036 Most households, yes, Your Honor. 1827 01:40:36,038 --> 01:40:38,005 Doesn't that reality suggest 1828 01:40:38,007 --> 01:40:41,043 that that's the natural order of things? 1829 01:40:46,982 --> 01:40:49,250 Respectfully, Your Honors, I'd like to reserve 1830 01:40:49,252 --> 01:40:51,987 the remainder of my time for rebuttal. 1831 01:40:57,260 --> 01:41:00,197 Not sure I followed that. H-How are we doing? 1832 01:41:04,602 --> 01:41:06,167 It's okay. 1833 01:41:06,169 --> 01:41:07,605 It's not over yet. 1834 01:41:21,319 --> 01:41:25,154 Mr. Bozarth for the appellee, 1835 01:41:25,156 --> 01:41:26,989 - you may proceed. - Don't let them forget 1836 01:41:26,991 --> 01:41:28,525 what this case is really about. 1837 01:41:28,527 --> 01:41:30,694 You'll be fine. 1838 01:41:30,696 --> 01:41:32,396 Ah, Bozarth. 1839 01:41:32,398 --> 01:41:35,699 The, uh, master of citations. 1840 01:41:35,701 --> 01:41:38,235 That's what my family calls me, too, Judge. 1841 01:41:41,340 --> 01:41:44,141 Your Honors, and may it please the court. 1842 01:41:44,143 --> 01:41:45,709 Congress created this tax deduction 1843 01:41:45,711 --> 01:41:49,246 to help caregivers go out and work. 1844 01:41:49,248 --> 01:41:51,047 Caregivers. 1845 01:41:51,049 --> 01:41:54,953 Folks that, if they weren't working, would stay home. 1846 01:41:56,288 --> 01:41:59,457 Now, are we meant to believe that this man 1847 01:41:59,459 --> 01:42:01,325 would have the skill 1848 01:42:01,327 --> 01:42:03,694 or even the caregiver's instinct to do that? 1849 01:42:03,696 --> 01:42:05,763 Why can't we believe that? 1850 01:42:05,765 --> 01:42:08,099 Why does an unwed woman have that instinct 1851 01:42:08,101 --> 01:42:09,700 but not an unwed man? 1852 01:42:09,702 --> 01:42:11,402 Or a widower, for that matter? 1853 01:42:11,404 --> 01:42:13,070 Well, respectfully, Judge Doyle, 1854 01:42:13,072 --> 01:42:15,473 a widower doesn't choose to be a caregiver. 1855 01:42:15,475 --> 01:42:16,708 It's thrust upon them. 1856 01:42:16,710 --> 01:42:19,478 And as for women, 1857 01:42:19,480 --> 01:42:21,179 it doesn't take a legal treatise 1858 01:42:21,181 --> 01:42:23,382 to prove what a hundred thousand years 1859 01:42:23,384 --> 01:42:25,617 of human history has made indelibly clear. 1860 01:42:25,619 --> 01:42:28,120 And Congress can write 1861 01:42:28,122 --> 01:42:31,056 the tax code to enforce this natural law? 1862 01:42:31,058 --> 01:42:33,194 Congress can write whatever tax code it wants. 1863 01:42:34,128 --> 01:42:35,762 All I'm saying, Judge, 1864 01:42:35,764 --> 01:42:39,298 is that given the natural order of things, 1865 01:42:39,300 --> 01:42:43,703 this man, Mr. Moritz, hasn't suffered as a result. 1866 01:42:43,705 --> 01:42:45,405 But the country will suffer 1867 01:42:45,407 --> 01:42:48,075 if the court doesn't find for the appellee. 1868 01:42:51,379 --> 01:42:53,413 Your Honors, I am certain there isn't a man among us 1869 01:42:53,415 --> 01:42:56,149 who wouldn't try to ease his wife's burdens. 1870 01:42:56,151 --> 01:42:58,084 So I don't see how we can judge negatively 1871 01:42:58,086 --> 01:42:59,787 the members of Congress who would do the same. 1872 01:42:59,789 --> 01:43:02,522 And I'm not alone in that. 1873 01:43:02,524 --> 01:43:05,058 There is a long and honorable tradition in the courts 1874 01:43:05,060 --> 01:43:07,128 of upholding laws like this one. 1875 01:43:08,364 --> 01:43:10,431 I, for one, would rather see my government err 1876 01:43:10,433 --> 01:43:12,668 on the side of caring too much... 1877 01:43:14,504 --> 01:43:15,736 ...of trying too hard 1878 01:43:15,738 --> 01:43:18,539 to help the ladies of this country, 1879 01:43:18,541 --> 01:43:22,276 rather than to be indifferent to their unique burdens. 1880 01:43:22,278 --> 01:43:24,247 Now, maybe Mr. Moritz disagrees. 1881 01:43:25,414 --> 01:43:27,682 Or maybe he just doesn't like paying taxes. 1882 01:43:29,085 --> 01:43:30,552 Personally, I don't believe that. 1883 01:43:30,554 --> 01:43:33,122 I believe that Charles Moritz is a victim. 1884 01:43:34,391 --> 01:43:36,123 Not of his government, 1885 01:43:36,125 --> 01:43:39,160 but of the lawyers who have used his case 1886 01:43:39,162 --> 01:43:40,731 to achieve their own ends. 1887 01:43:42,099 --> 01:43:45,835 Radical social change. 1888 01:43:50,307 --> 01:43:53,476 We rest our case on our briefs and argument, 1889 01:43:53,478 --> 01:43:57,313 and ask that the court uphold the tax court's decision. 1890 01:43:57,315 --> 01:43:59,149 Thank you. 1891 01:44:11,596 --> 01:44:13,462 Counsel for the appellant, 1892 01:44:13,464 --> 01:44:17,135 you have four minutes for rebuttal. 1893 01:44:27,212 --> 01:44:29,748 Counsel for the appellant? 1894 01:44:39,593 --> 01:44:41,360 Counselor. 1895 01:44:54,708 --> 01:44:58,879 "Radical social change." 1896 01:45:05,653 --> 01:45:09,688 When I was in law school, there was no women's bathroom. 1897 01:45:14,362 --> 01:45:17,563 It's amazing to me now that we never complained. 1898 01:45:17,565 --> 01:45:20,199 Not because we were timid; we were just astounded 1899 01:45:20,201 --> 01:45:23,469 to be in law school at all. 1900 01:45:23,471 --> 01:45:27,373 A hundred years ago, Myra Bradwell wanted to be a lawyer. 1901 01:45:27,375 --> 01:45:29,274 She had fulfilled the requirements 1902 01:45:29,276 --> 01:45:30,944 for the Illinois bar, 1903 01:45:30,946 --> 01:45:32,946 but she wasn't allowed to practice 1904 01:45:32,948 --> 01:45:35,214 because she was a woman. 1905 01:45:35,216 --> 01:45:39,421 An injustice she asked the Supreme Court to correct. 1906 01:45:40,856 --> 01:45:43,690 Illinois was so confident of victory, 1907 01:45:43,692 --> 01:45:47,762 they didn't even send a lawyer to argue their side. 1908 01:45:47,764 --> 01:45:49,562 They were right. 1909 01:45:49,564 --> 01:45:50,933 She lost. 1910 01:45:53,335 --> 01:45:56,671 That was the first time someone went to court 1911 01:45:56,673 --> 01:46:01,742 to challenge his or her prescribed gender role. 1912 01:46:01,744 --> 01:46:03,880 A hundred years ago. 1913 01:46:07,316 --> 01:46:09,918 "Radical... social... 1914 01:46:09,920 --> 01:46:12,221 change." 1915 01:46:15,291 --> 01:46:18,627 65 years ago, when women in Oregon 1916 01:46:18,629 --> 01:46:20,762 wanted to work overtime and make more money, 1917 01:46:20,764 --> 01:46:23,865 as men could, the court looked to the precedent in Bradwell 1918 01:46:23,867 --> 01:46:25,267 and said no. 1919 01:46:25,269 --> 01:46:28,603 So then there were two precedents. 1920 01:46:28,605 --> 01:46:31,908 Then three, then four, and on and on, 1921 01:46:31,910 --> 01:46:34,276 and you can draw a direct line 1922 01:46:34,278 --> 01:46:36,344 from Myra Bradwell to Gwendolyn Hoyt, 1923 01:46:36,346 --> 01:46:37,947 told ten years ago 1924 01:46:37,949 --> 01:46:41,519 she was not entitled to a jury of her peers. 1925 01:46:42,821 --> 01:46:44,954 That is the legacy 1926 01:46:44,956 --> 01:46:47,690 the government asks you to uphold today. 1927 01:46:47,692 --> 01:46:51,027 You are being urged to protect the culture 1928 01:46:51,029 --> 01:46:53,463 and traditions and morality 1929 01:46:53,465 --> 01:46:56,301 of an America that no longer exists. 1930 01:46:58,904 --> 01:47:00,671 A generation ago, 1931 01:47:00,673 --> 01:47:03,640 my students would have been arrested for indecency 1932 01:47:03,642 --> 01:47:05,843 for wearing the clothes that they do. 1933 01:47:05,845 --> 01:47:08,812 65 years ago, 1934 01:47:08,814 --> 01:47:10,080 it would have been unimaginable 1935 01:47:10,082 --> 01:47:12,518 that my daughter would aspire to a career. 1936 01:47:14,887 --> 01:47:17,755 And a hundred years ago... 1937 01:47:17,757 --> 01:47:21,627 I would not have the right to stand before you. 1938 01:47:31,938 --> 01:47:35,406 There are 178 laws that differentiate 1939 01:47:35,408 --> 01:47:37,408 on the basis of sex. Count them. 1940 01:47:37,410 --> 01:47:40,879 The government did the favor of compiling them for you. 1941 01:47:40,881 --> 01:47:43,848 And while you're at it... 1942 01:47:43,850 --> 01:47:46,684 I urge you to read them. 1943 01:47:46,686 --> 01:47:50,623 They're obstacles to our children's aspirations. 1944 01:47:50,625 --> 01:47:53,926 You're asking us to overturn nearly a century of precedent. 1945 01:47:53,928 --> 01:47:56,695 I'm asking you to set a new precedent, 1946 01:47:56,697 --> 01:48:00,132 as courts have done before when the law is outdated. 1947 01:48:00,134 --> 01:48:01,867 But in those cases, the courts had 1948 01:48:01,869 --> 01:48:03,437 a clear constitutional handle. 1949 01:48:04,772 --> 01:48:08,707 The word "woman" does not appear even once 1950 01:48:08,709 --> 01:48:11,345 in the U.S. Constitution. 1951 01:48:12,513 --> 01:48:16,718 Nor does the word "freedom," Your Honor. 1952 01:48:31,901 --> 01:48:33,733 Go on... 1953 01:48:33,735 --> 01:48:36,039 Professor Ginsburg. 1954 01:48:41,611 --> 01:48:45,012 The principal purpose of Section 214 1955 01:48:45,014 --> 01:48:47,048 is not to protect women 1956 01:48:47,050 --> 01:48:49,050 nor to discriminate against men. 1957 01:48:49,052 --> 01:48:51,853 It is to provide caregivers the opportunity 1958 01:48:51,855 --> 01:48:53,621 to work outside the home. 1959 01:48:53,623 --> 01:48:57,159 Therefore, as the Supreme Court did in Levy v. Louisiana, 1960 01:48:57,161 --> 01:48:59,627 this court should fix the law 1961 01:48:59,629 --> 01:49:02,764 most in line with the legislative intent. 1962 01:49:02,766 --> 01:49:05,636 Extend the deduction to never-married men. 1963 01:49:06,503 --> 01:49:09,607 Help all caregivers equally. 1964 01:49:13,577 --> 01:49:16,912 Charles Moritz was well-raised to be the sort of man 1965 01:49:16,914 --> 01:49:19,949 we should all hope our sons will become. 1966 01:49:19,951 --> 01:49:23,485 Charlie deserves our admiration. 1967 01:49:23,487 --> 01:49:25,822 Not only has he taken on the burden 1968 01:49:25,824 --> 01:49:29,792 of caring for his very strong-willed mother 1969 01:49:29,794 --> 01:49:32,195 when no one would expect it of him, 1970 01:49:32,197 --> 01:49:36,599 but in doing so, he has surpassed the limitations 1971 01:49:36,601 --> 01:49:39,736 the rest of us and our laws 1972 01:49:39,738 --> 01:49:42,805 seek to force upon him. 1973 01:49:42,807 --> 01:49:46,043 We're not asking you to change the country. 1974 01:49:46,045 --> 01:49:49,914 That's already happened without any court's permission. 1975 01:49:49,916 --> 01:49:54,820 We're asking you to protect the right of the country to change. 1976 01:49:58,524 --> 01:50:02,127 Our sons and daughters are barred by law 1977 01:50:02,129 --> 01:50:04,095 from opportunities based on assumptions 1978 01:50:04,097 --> 01:50:05,629 about their abilities. 1979 01:50:05,631 --> 01:50:07,798 How will they ever disprove these assumptions 1980 01:50:07,800 --> 01:50:12,569 if laws like Section 214 are allowed to stand? 1981 01:50:12,571 --> 01:50:15,040 We all must take these laws on, 1982 01:50:15,042 --> 01:50:17,676 one by one, for as long as it takes, 1983 01:50:17,678 --> 01:50:19,711 for their sakes. 1984 01:50:19,713 --> 01:50:22,247 You have the power to set the precedent 1985 01:50:22,249 --> 01:50:25,217 that will get us started. 1986 01:50:25,219 --> 01:50:28,755 You can right this wrong. 1987 01:50:39,000 --> 01:50:43,035 We rest our case on our briefs and argument, 1988 01:50:43,037 --> 01:50:44,770 and ask... 1989 01:50:44,772 --> 01:50:49,142 that you reverse the tax court's decision. 1990 01:51:13,035 --> 01:51:14,968 Kiki! 1991 01:51:14,970 --> 01:51:16,636 That was perfect. 1992 01:51:16,638 --> 01:51:19,639 - That was perfect. - We don't even know who won. 1993 01:51:19,641 --> 01:51:21,878 Doesn't matter. It was right. 1994 01:51:22,946 --> 01:51:25,213 This is just the beginning. 1995 01:51:25,215 --> 01:51:26,314 Mm! 1996 01:51:26,316 --> 01:51:27,882 I'm gonna go gloat. 1997 01:51:30,620 --> 01:51:33,021 - Martin. Thank you. - Of course, Charles. 1998 01:51:33,023 --> 01:51:34,822 Jane. 1999 01:51:34,824 --> 01:51:37,058 Ruth, I... 2000 01:51:37,060 --> 01:51:39,230 - We'll be in touch. - Yeah. 2001 01:51:54,211 --> 01:51:55,946 You did it. 2002 01:51:57,048 --> 01:51:59,317 We did it. 2003 01:52:02,686 --> 01:52:04,953 Oh, and I say we celebrate 2004 01:52:04,955 --> 01:52:08,058 and go pick up James and get some pizza. 2005 01:52:19,371 --> 01:52:21,638 We'll hear arguments next 2006 01:52:21,640 --> 01:52:23,274 in number four, Reed against Reed... 2007 01:52:23,276 --> 01:52:26,243 ...next in, uh, 71-1694, 2008 01:52:26,245 --> 01:52:28,979 Frontiero against Laird. 2009 01:52:28,981 --> 01:52:31,215 ...Weinberger against Wiesenfeld. 2010 01:52:31,217 --> 01:52:32,749 ...Khan against Shell. 2011 01:52:32,751 --> 01:52:35,252 ...Edwards against Healy and others. 2012 01:52:37,256 --> 01:52:38,756 Mrs. Ginsburg. 2013 01:52:38,758 --> 01:52:40,391 Mr. Chief Justice, 2014 01:52:40,393 --> 01:52:41,926 and may it please the court. 2015 01:52:41,928 --> 01:52:46,897 Amicus views this case as kin to Reed v. Reed, 404 U.S. 2016 01:52:46,899 --> 01:52:48,266 The sex criterion stigmatizes 2017 01:52:48,268 --> 01:52:52,137 when it is used to limit hours of work for women only. 2018 01:52:52,139 --> 01:52:55,307 It assumes that all women are preoccupied 2019 01:52:55,309 --> 01:52:56,408 with home and children. 2020 01:52:56,410 --> 01:52:58,877 These distinctions have a common effect. 2021 01:52:58,879 --> 01:53:02,080 They help keep woman in her place, 2022 01:53:02,082 --> 01:53:04,883 a place inferior to that occupied by men. 2023 01:53:04,885 --> 01:53:06,818 The law must stop using sex 2024 01:53:06,820 --> 01:53:08,987 as a shorthand for functional description. 2025 01:53:08,989 --> 01:53:11,290 The judgment enjoins enforcement of the statute 2026 01:53:11,292 --> 01:53:14,826 insofar as it discriminates on the basis of sex. 2027 01:53:14,828 --> 01:53:17,096 ...practical effect, laws of this quality 2028 01:53:17,098 --> 01:53:19,298 help to keep women not on a pedestal, 2029 01:53:19,300 --> 01:53:21,000 but in a cage. 2030 01:53:21,002 --> 01:53:25,438 Sarah Grimké said, "I ask no favor for my sex. 2031 01:53:25,440 --> 01:53:28,040 "All I ask of our brethren 2032 01:53:28,042 --> 01:53:31,846 is that they take their feet off our necks." 2033 02:00:06,360 --> 02:00:11,360 Subtitles by explosiveskull 2033 02:00:12,305 --> 02:00:18,351 Craving big poker? 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