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1
00:03:07,978 --> 00:03:09,094
Anyone here?
2
00:03:17,279 --> 00:03:18,986
My name is Erwin Griswold.
3
00:03:19,532 --> 00:03:21,364
I am the dean
of this place.
4
00:03:22,284 --> 00:03:24,571
Welcome to Harvard Law School.
5
00:03:26,247 --> 00:03:28,239
Take a moment
to look around you.
6
00:03:28,791 --> 00:03:33,001
In this room, there are Rhodes
and Fulbright scholars,
7
00:03:33,087 --> 00:03:34,703
Phi Beta Kappa members,
8
00:03:34,797 --> 00:03:36,754
student body presidents,
9
00:03:36,841 --> 00:03:39,083
and a Harvard football
team captain.
10
00:03:40,845 --> 00:03:41,845
Together,
11
00:03:42,847 --> 00:03:45,009
you will become lawyers.
12
00:03:45,850 --> 00:03:48,217
This is a privilege
you share.
13
00:03:49,186 --> 00:03:53,351
It is also a responsibility
you accept.
14
00:03:55,776 --> 00:03:56,776
Consider.
15
00:03:57,987 --> 00:04:01,480
What does it mean
to be a Harvard man?
16
00:04:02,992 --> 00:04:06,076
A Harvard man is intelligent,
of course,
17
00:04:06,162 --> 00:04:08,905
but he is also tenacious.
18
00:04:08,998 --> 00:04:12,833
He is a leader devoted
to the rule of law.
19
00:04:13,753 --> 00:04:15,665
He is mindful of his country
20
00:04:15,755 --> 00:04:17,747
loyal to tradition,
21
00:04:17,840 --> 00:04:23,052
and he is respectful
and protective of our institutions.
22
00:04:27,850 --> 00:04:31,434
...shall be computed as of subsection A
of this section applied...
23
00:04:31,520 --> 00:04:33,978
Which one makes me
look more like a Harvard man?
24
00:04:37,902 --> 00:04:41,066
I'm thrilled to report that you look
nothing like a Harvard man.
25
00:04:41,155 --> 00:04:42,755
Seriously?
It's the dean's dinner, Marty.
26
00:04:42,782 --> 00:04:45,343
You know how I am at these things.
I need to make a good impression.
27
00:04:45,367 --> 00:04:48,781
And you will, Kiki. But you've got it wrong.
It's not the dress, it's you.
28
00:04:50,206 --> 00:04:52,368
You haven't touched
your tuna casserole.
29
00:04:53,417 --> 00:04:54,828
Come here, sweetie.
30
00:04:54,919 --> 00:04:56,785
Come on. Here we go.
31
00:04:58,172 --> 00:04:59,879
I've put onions in.
They help, right?
32
00:05:00,382 --> 00:05:01,382
Definitely.
33
00:05:03,636 --> 00:05:05,298
I don't like
either of these.
34
00:05:11,310 --> 00:05:12,642
Okay. Where were we?
35
00:05:20,528 --> 00:05:21,528
Thank you.
36
00:05:38,879 --> 00:05:42,714
Ladies and gentlemen, please join us
in the dining room as dinner is served.
37
00:05:42,800 --> 00:05:45,588
And professors,
please escort the ladies in.
38
00:05:47,638 --> 00:05:48,638
May I?
39
00:06:05,030 --> 00:06:07,613
He said, "Professor,
have you corrected our papers?"
40
00:06:07,700 --> 00:06:09,942
And I said, "Correcting them
will take a lifetime.
41
00:06:10,035 --> 00:06:11,151
"I'm merely grading them. "
42
00:06:15,457 --> 00:06:17,494
Esteemed colleagues, ladies,
43
00:06:18,377 --> 00:06:21,211
this is only the sixth year
women have had
44
00:06:21,297 --> 00:06:23,789
the privilege to earn
a Harvard law degree.
45
00:06:23,883 --> 00:06:27,376
This little soiree
is our way of saying welcome.
46
00:06:27,469 --> 00:06:29,677
My wife Harriet and I
47
00:06:29,763 --> 00:06:33,302
are very glad all nine
of you have joined us.
48
00:06:37,062 --> 00:06:39,179
Let us go around the table,
49
00:06:39,273 --> 00:06:43,483
and each of you ladies report
who you are, where you're from
50
00:06:43,569 --> 00:06:48,610
and why you're occupying a place at
Harvard that could have gone to a man.
51
00:06:54,038 --> 00:06:55,119
Yeah.
52
00:06:55,205 --> 00:06:56,205
Well...
53
00:06:56,957 --> 00:06:58,573
Why don't you
get us started, dear?
54
00:07:02,546 --> 00:07:05,914
I'm Hennie Callaghan.
Father's a lawyer back in Minneapolis.
55
00:07:06,008 --> 00:07:08,796
He used to give me drafts of
contracts to use for drawing paper,
56
00:07:08,886 --> 00:07:11,173
but at some point,
I got more interested
57
00:07:11,263 --> 00:07:12,925
in reading them
than drawing on them.
58
00:07:14,183 --> 00:07:18,177
In a few years, it's gonna be
Callaghan and Callaghan.
59
00:07:18,270 --> 00:07:19,852
That was fine.
60
00:07:21,065 --> 00:07:22,065
Next.
61
00:07:25,486 --> 00:07:27,523
Emily Hicks. Hello.
62
00:07:27,613 --> 00:07:28,613
Connecticut.
63
00:07:28,697 --> 00:07:31,986
When I finished Mount Holyoke,
my mother wanted me to get married.
64
00:07:32,618 --> 00:07:33,734
But I didn't wanna do that.
65
00:07:33,827 --> 00:07:36,365
And I didn't wanna be
a teacher or a nurse.
66
00:07:36,455 --> 00:07:37,571
So...
Ah!
67
00:07:38,332 --> 00:07:40,289
That's not
a very good reason.
68
00:07:41,502 --> 00:07:42,502
Next.
69
00:07:47,299 --> 00:07:48,415
Oh.
70
00:07:48,509 --> 00:07:50,171
- Watch it.
- Sorry.
71
00:07:57,393 --> 00:07:58,393
Uh...
72
00:07:58,894 --> 00:08:02,979
I'm Ruth Ginsburg
from Brooklyn.
73
00:08:05,067 --> 00:08:06,979
And why are you here,
Miss Ginsburg?
74
00:08:07,569 --> 00:08:10,562
Uh, Mrs. Ginsburg, actually.
75
00:08:11,407 --> 00:08:13,615
My husband Marty
is in the second-year class.
76
00:08:15,244 --> 00:08:18,032
I'm at Harvard to learn
more about his work,
77
00:08:18,122 --> 00:08:21,160
so I can be a more patient
and understanding wife.
78
00:08:26,005 --> 00:08:30,124
Come to dinner. The beans will be boiled,
the chicken will be stewed
79
00:08:30,217 --> 00:08:31,549
and you will be grilled.
80
00:08:31,635 --> 00:08:34,343
We came to Harvard
to be lawyers. Why else?
81
00:08:34,430 --> 00:08:35,671
It's truly
an asinine question.
82
00:08:35,764 --> 00:08:37,255
He's never gonna
take me seriously.
83
00:08:37,349 --> 00:08:39,841
No, that's not true.
You're the smartest person here.
84
00:08:39,935 --> 00:08:41,597
And you're gonna be
the most prepared.
85
00:08:41,687 --> 00:08:43,303
So just stand up
and say what you know.
86
00:08:43,397 --> 00:08:45,041
At a place like this,
that's all that matters.
87
00:08:45,065 --> 00:08:49,105
In my experience, even small mistakes
are glaring when you stick out.
88
00:08:50,487 --> 00:08:52,604
Well, then you're very lucky.
89
00:08:54,450 --> 00:08:55,450
Because you
90
00:08:57,828 --> 00:09:00,195
are very short.
91
00:09:12,134 --> 00:09:13,134
Oh, yeah?
92
00:09:19,349 --> 00:09:20,385
Yeah.
93
00:09:22,478 --> 00:09:28,725
Well, why don't you come down
here and say that to my face?
94
00:09:54,051 --> 00:09:55,758
Mrs. Ginsburg.
95
00:09:55,844 --> 00:09:56,844
Hmm.
96
00:10:13,904 --> 00:10:18,740
I am Professor Brown.
This is Introduction to Contracts.
97
00:10:18,992 --> 00:10:21,200
Hawkins v. McGee.
98
00:10:22,329 --> 00:10:24,787
State the case, please.
99
00:10:34,508 --> 00:10:35,508
Mr. Pruitt.
100
00:10:38,053 --> 00:10:40,716
Uh, good morning. I'm Donald Pruitt.
I'm really honored to be here.
101
00:10:40,806 --> 00:10:42,297
Hawkins v. McGee.
102
00:10:42,391 --> 00:10:43,882
Uh, yeah,
Hawkins v. McGee,
103
00:10:43,976 --> 00:10:46,764
it's a fascinating breach
of contract case where...
104
00:10:47,896 --> 00:10:49,888
Charles Hawkins hurt
his hand and McGee...
105
00:10:49,982 --> 00:10:51,564
Can someone help him please?
106
00:11:00,450 --> 00:11:01,782
Mr. Fitzpatrick.
107
00:11:04,413 --> 00:11:07,121
It was Charles' son who hurt his hand.
Electrocution burn.
108
00:11:07,207 --> 00:11:09,870
And at what point does the case turn,
Mr. Fitzpatrick?
109
00:11:10,627 --> 00:11:13,995
McGee promised to fix the hand
by performing a skin graft.
110
00:11:14,089 --> 00:11:16,126
But McGee wasn't very familiar
with the procedure
111
00:11:16,216 --> 00:11:18,208
and the results weren't
quite what he planned.
112
00:11:21,263 --> 00:11:24,552
Question already?
Mrs. Ginsburg.
113
00:11:24,641 --> 00:11:25,927
Correction, Professor Brown.
114
00:11:26,018 --> 00:11:29,261
McGee did not simply promise
to fix George Hawkins' hand,
115
00:11:29,354 --> 00:11:30,686
he promised, quote,
116
00:11:31,398 --> 00:11:33,481
"a 100% good hand. "
117
00:11:33,567 --> 00:11:34,728
That's the same thing.
118
00:11:34,818 --> 00:11:35,818
Is it?
119
00:11:36,153 --> 00:11:37,735
What say you, Mrs. Ginsburg?
120
00:11:37,905 --> 00:11:38,986
It is not.
121
00:11:39,740 --> 00:11:41,026
Words matter.
122
00:11:41,658 --> 00:11:44,150
McGee grafted skin
from Hawkins' chest.
123
00:11:44,244 --> 00:11:46,236
Not only did this fail
to fix the scarring,
124
00:11:46,330 --> 00:11:48,367
he had chest hair
growing on his palm.
125
00:11:48,457 --> 00:11:50,824
Proving that a hand
with a burn is worth two with a bush.
126
00:11:53,962 --> 00:11:55,749
The court denied
Hawkins damages.
127
00:11:55,839 --> 00:11:57,150
Hawkins did get damages.
The court said...
128
00:11:57,174 --> 00:11:58,506
If I may finish?
129
00:11:59,843 --> 00:12:02,836
Hawkins was denied damages
for pain and suffering.
130
00:12:03,096 --> 00:12:06,089
The New Hampshire Supreme Court
ruled he was entitled to damages
131
00:12:06,183 --> 00:12:08,891
only based on the contract
being fulfilled.
132
00:12:10,812 --> 00:12:13,179
So if Dr. McGee had set
realistic expectations
133
00:12:13,273 --> 00:12:15,014
instead of making
grand promises,
134
00:12:15,108 --> 00:12:17,350
Hawkins' award
likely would have been less.
135
00:12:21,657 --> 00:12:24,946
Was that an answer,
Mrs. Ginsburg, or a filibuster?
136
00:12:31,041 --> 00:12:32,041
Hmm.
137
00:12:37,422 --> 00:12:38,503
Movie.
138
00:12:39,007 --> 00:12:40,007
Four words.
139
00:12:40,259 --> 00:12:42,171
Second word.
- Seven?
140
00:12:42,261 --> 00:12:43,297
Seven.
- Uh-oh.
141
00:12:43,387 --> 00:12:44,387
Fourth word.
142
00:12:46,390 --> 00:12:47,756
- Monkey.
- Oh, gorilla.
143
00:12:47,849 --> 00:12:49,340
Monkey business! Ape!
144
00:12:49,434 --> 00:12:51,300
Monkey, monkey.
Ape!
145
00:12:52,354 --> 00:12:53,936
Monkey on my back?
146
00:12:56,358 --> 00:12:57,769
Second word, "seven. "
147
00:12:57,859 --> 00:12:59,816
- Seven...
- Seven Brides for Seven Brothers?
148
00:12:59,903 --> 00:13:01,863
- What does that have to do with monkeys?
- And...
149
00:13:01,947 --> 00:13:03,813
- Oh, oh! The Seven Year Itch.
- Time!
150
00:13:03,907 --> 00:13:05,739
Oh! Oh!
151
00:13:08,370 --> 00:13:10,532
Ruthless Ruthy
strikes again.
152
00:13:10,622 --> 00:13:12,534
Okay. Next round's
riding on you.
153
00:13:13,000 --> 00:13:14,491
Don't worry,
he's very good.
154
00:13:14,584 --> 00:13:16,604
Thank God, because she
actually broke up with someone
155
00:13:16,628 --> 00:13:17,668
for being bad at Charades.
156
00:13:17,713 --> 00:13:20,626
- You didn't really?
- It was a manifestation
157
00:13:20,716 --> 00:13:21,877
of his being an idiot.
158
00:13:21,967 --> 00:13:23,048
See?
159
00:13:23,135 --> 00:13:24,862
Don't worry, I'm comfortable
being smarter than you.
160
00:13:24,886 --> 00:13:25,886
Oh, thank you.
161
00:13:25,971 --> 00:13:27,291
All right, everybody ready?
162
00:13:28,098 --> 00:13:29,305
Uh, song.
163
00:13:31,560 --> 00:13:33,426
Buddy Holly?
Bill Haley.
164
00:13:33,854 --> 00:13:34,890
By Elvis.
165
00:13:35,689 --> 00:13:36,896
Three words.
166
00:13:37,274 --> 00:13:38,714
First word.
First word.
167
00:13:39,401 --> 00:13:40,437
Uh...
168
00:13:40,527 --> 00:13:42,063
- Uh, table.
- A glass?
169
00:13:42,154 --> 00:13:43,235
A book.
170
00:13:43,322 --> 00:13:45,154
Reading!
Uh, blue!
171
00:13:45,240 --> 00:13:47,698
- Uh, Blueberry Hill.
- No, that's Fats Domino.
172
00:13:47,784 --> 00:13:48,991
- Third word.
- Third word.
173
00:13:49,077 --> 00:13:50,193
- Floor.
- Carpet.
174
00:13:50,287 --> 00:13:52,279
Dancing?
Nice moves.
175
00:13:54,082 --> 00:13:55,414
Oh, no sound effects.
176
00:13:55,959 --> 00:13:57,166
Oh, Blue Suede Shoes!
177
00:13:57,252 --> 00:13:59,209
Come on, Marty,
you're a lightweight.
178
00:13:59,296 --> 00:14:00,832
Marty?
179
00:14:00,922 --> 00:14:02,914
Marty?
180
00:14:03,008 --> 00:14:04,749
Help! Help!
Is he all right?
181
00:14:04,843 --> 00:14:05,924
Someone get some help!
182
00:14:14,061 --> 00:14:15,597
The doctor's ready
to see you.
183
00:14:46,051 --> 00:14:47,212
Excuse me.
184
00:14:47,677 --> 00:14:48,838
Just a moment please.
185
00:14:52,682 --> 00:14:55,140
- Excuse me, I just...
- Just a moment, I need to make a call.
186
00:14:57,354 --> 00:15:00,062
Yes. Can we have
the results today?
187
00:15:00,399 --> 00:15:01,685
Excuse me?
188
00:15:02,234 --> 00:15:05,102
Doctor. You examined
my husband.
189
00:15:05,195 --> 00:15:07,215
I'm wondering when you think
he'll be able to leave.
190
00:15:07,239 --> 00:15:09,777
- I need to call the sitter...
- What's the patient's name?
191
00:15:10,575 --> 00:15:12,441
Martin Ginsburg.
192
00:15:12,536 --> 00:15:14,323
Right. Ginsburg.
193
00:15:14,413 --> 00:15:16,575
Hmm.
194
00:15:16,665 --> 00:15:17,906
Yeah, he's not
going home today.
195
00:15:17,999 --> 00:15:20,241
- Excuse me?
- We have more tests to run.
196
00:15:22,379 --> 00:15:23,460
What kind of tests?
197
00:15:23,547 --> 00:15:25,191
Various kinds.
He's gonna be with us a while.
198
00:15:25,215 --> 00:15:26,922
What tests?
I need to see him.
199
00:15:27,008 --> 00:15:30,968
Go home, get some rest.
We'll know more in a few days.
200
00:15:31,054 --> 00:15:32,465
Now, if you'll excuse me.
201
00:15:37,686 --> 00:15:38,686
How is he?
202
00:15:40,021 --> 00:15:41,137
Fine.
203
00:15:51,032 --> 00:15:52,739
Call any time, okay?
204
00:15:57,122 --> 00:15:58,158
Bye.
205
00:16:49,758 --> 00:16:51,590
- Hi.
- Hi.
206
00:16:58,058 --> 00:17:00,345
At least you got
a break from my cooking.
207
00:17:05,398 --> 00:17:06,639
Afternoon.
208
00:17:06,733 --> 00:17:08,690
- Hey, Doc.
- Dr. Leadbetter.
209
00:17:12,656 --> 00:17:13,692
It's as we feared.
210
00:17:15,742 --> 00:17:18,109
Marty, you're young,
and we caught it early.
211
00:17:19,037 --> 00:17:21,404
We've pioneered
a new treatment here.
212
00:17:21,498 --> 00:17:26,084
It entails numerous surgeries,
each followed by a course of radiation.
213
00:17:26,586 --> 00:17:30,045
There's a chance you can go on
to a healthy, happy life.
214
00:17:30,131 --> 00:17:31,497
As if none of this
had happened.
215
00:17:31,591 --> 00:17:34,379
Well, what kind of a chance?
216
00:17:35,053 --> 00:17:37,545
Dr. Leadbetter, we'd rather
know what we're facing.
217
00:17:40,392 --> 00:17:43,601
Survival rate for testicular
cancer has been about 5%.
218
00:17:47,065 --> 00:17:48,351
Thanks for the honesty.
219
00:17:49,442 --> 00:17:50,442
I think.
220
00:17:50,527 --> 00:17:51,893
I'll let you two talk.
221
00:18:32,986 --> 00:18:34,397
We're never giving up.
222
00:18:36,114 --> 00:18:37,321
You keep working.
223
00:18:39,242 --> 00:18:40,449
Keep studying.
224
00:18:41,077 --> 00:18:42,909
Jane will have her father.
225
00:18:44,748 --> 00:18:46,239
You will be a lawyer.
226
00:18:48,960 --> 00:18:51,873
I'm spending my life with you,
Martin Ginsburg.
227
00:19:14,736 --> 00:19:16,693
Judicial consistency.
228
00:19:17,280 --> 00:19:22,241
The doctrine of stare decisis
comes from English common law,
229
00:19:22,327 --> 00:19:24,785
which also provides
the first examples
230
00:19:24,871 --> 00:19:28,285
of circumstances where
precedence may be overturned.
231
00:19:28,375 --> 00:19:29,491
Excuse me.
232
00:19:30,293 --> 00:19:32,660
- Judges are bound...
- Thank you.
233
00:19:32,754 --> 00:19:33,961
Excuse me.
234
00:19:34,047 --> 00:19:35,583
May I help you?
235
00:19:35,924 --> 00:19:39,042
Um...
I'm Martin Ginsburg's wife.
236
00:19:39,135 --> 00:19:41,718
I'll be attending
his classes for him.
237
00:19:42,764 --> 00:19:44,471
In addition to your own?
238
00:19:45,141 --> 00:19:47,849
Yes, Professor Freund.
239
00:19:54,109 --> 00:19:58,149
Judges are bound
by precedence,
240
00:19:58,238 --> 00:20:00,400
but they cannot ignore
cultural change.
241
00:20:01,241 --> 00:20:04,780
A court ought not be affected
by the weather of the day,
242
00:20:04,869 --> 00:20:07,987
but will be by
the climate of the era.
243
00:20:11,042 --> 00:20:13,785
Wait, wait, wait.
Say that last part again?
244
00:20:14,087 --> 00:20:18,502
"A court ought not be affected
by the weather of the day,
245
00:20:18,591 --> 00:20:21,584
"but will be by
the climate of the era. "
246
00:20:25,473 --> 00:20:26,714
You're sure he said that?
247
00:20:30,186 --> 00:20:31,267
Of course.
248
00:20:31,730 --> 00:20:33,346
Of course.
249
00:20:37,902 --> 00:20:39,814
The law is never finished.
250
00:20:41,281 --> 00:20:43,364
It is a work in progress,
251
00:20:46,619 --> 00:20:48,531
and ever will be.
252
00:20:48,621 --> 00:20:51,113
Brown v. the Board of Education,
253
00:20:51,958 --> 00:20:54,120
parentheses, 1954,
254
00:20:54,419 --> 00:20:56,331
was the most revolutionary
255
00:20:57,672 --> 00:20:59,254
Supreme Court case
256
00:21:00,717 --> 00:21:02,128
in the last century.
257
00:21:05,388 --> 00:21:07,505
Representing Oliver Brown
258
00:21:08,850 --> 00:21:09,850
et al.,
259
00:21:10,810 --> 00:21:12,051
Thurgood Marshall...
260
00:21:12,145 --> 00:21:14,558
- I'm not listening.
- ... educated the court...
261
00:21:28,620 --> 00:21:29,827
Come on, Jane.
262
00:21:29,913 --> 00:21:31,825
That's it, come on, sweetie.
263
00:21:47,680 --> 00:21:48,761
Okay...
264
00:23:05,216 --> 00:23:06,832
One, two, three...
265
00:23:07,010 --> 00:23:08,592
Whoo!
266
00:23:08,678 --> 00:23:10,761
- One, two, three...
- One, two, three...
267
00:23:10,847 --> 00:23:12,032
Whoo!
268
00:23:12,056 --> 00:23:13,467
Should we give
Daddy a rest?
269
00:23:14,893 --> 00:23:17,306
Some day, this little angel's
gonna slam the door in our face
270
00:23:17,395 --> 00:23:19,352
and tell us that
we're ruining her life.
271
00:23:22,150 --> 00:23:23,812
I should've never
taken the job.
272
00:23:24,402 --> 00:23:25,768
It's a great firm.
273
00:23:26,112 --> 00:23:28,900
And New York is the center
of the legal universe.
274
00:23:29,741 --> 00:23:30,902
You earned it.
275
00:23:31,784 --> 00:23:33,150
You earned it.
276
00:23:33,244 --> 00:23:34,985
I barely survived it.
277
00:23:36,706 --> 00:23:38,914
I just don't wanna be away
from you and Jane.
278
00:23:39,375 --> 00:23:40,491
You won't be.
279
00:23:41,669 --> 00:23:42,830
I won't allow it.
280
00:23:43,880 --> 00:23:45,121
I'll convince him.
281
00:23:48,092 --> 00:23:50,254
Say, "Good luck, Mommy. "
Good luck, Mommy.
282
00:23:51,137 --> 00:23:53,254
You want
a Harvard law degree,
283
00:23:53,348 --> 00:23:56,591
though you plan to finish
your coursework at Columbia?
284
00:23:57,977 --> 00:24:00,515
You would do well,
Mrs. Ginsburg,
285
00:24:00,605 --> 00:24:03,268
to remember how fortunate
you are to be here.
286
00:24:03,942 --> 00:24:05,228
Dean Griswold,
287
00:24:05,318 --> 00:24:08,186
between the first
and third year of law school,
288
00:24:08,488 --> 00:24:11,231
which is the more substantive,
the more critical?
289
00:24:11,407 --> 00:24:12,818
The first, of course.
290
00:24:12,909 --> 00:24:15,777
Yet when someone transfers in
as a second year student
291
00:24:15,870 --> 00:24:19,284
having taken those more important classes
elsewhere, he's allowed a degree.
292
00:24:19,415 --> 00:24:21,577
- That's irrelevant.
- I've been here two years.
293
00:24:21,751 --> 00:24:23,242
I'm first in my class.
294
00:24:23,419 --> 00:24:26,912
There is no reason your
husband cannot provide for you
295
00:24:27,006 --> 00:24:29,623
while you and the child
remain in Cambridge.
296
00:24:30,218 --> 00:24:33,962
Last year, John Sumner was allowed to
finish his course work at Baltimore.
297
00:24:34,389 --> 00:24:36,005
Three years ago,
Roy Paxton...
298
00:24:36,099 --> 00:24:38,056
- Very different cases.
- How are they different?
299
00:24:38,142 --> 00:24:41,431
Mrs. Ginsburg, you have no
compelling need to transfer.
300
00:24:45,650 --> 00:24:47,016
Marty could relapse.
301
00:24:49,237 --> 00:24:50,478
He beat the odds,
302
00:24:50,822 --> 00:24:53,235
but the doctors say
it could happen at any time.
303
00:24:57,996 --> 00:24:59,328
Dean Griswold,
304
00:25:01,124 --> 00:25:02,706
this is my family.
305
00:25:05,503 --> 00:25:06,835
Nonetheless,
306
00:25:07,922 --> 00:25:10,335
we each have
our responsibilities,
307
00:25:10,800 --> 00:25:14,714
and mine is to protect the
distinction of a Harvard law degree.
308
00:25:15,471 --> 00:25:17,463
I can't force you to stay,
309
00:25:19,392 --> 00:25:22,100
but I won't reward you
for leaving, either.
310
00:26:36,302 --> 00:26:38,089
Jesus, Mary, and Joseph.
311
00:26:38,971 --> 00:26:41,554
Graduating top of your class,
law review at Harvard
312
00:26:41,849 --> 00:26:43,090
and Columbia.
313
00:26:43,726 --> 00:26:45,217
I didn't even know
that was possible.
314
00:26:45,311 --> 00:26:46,893
Thank you, Mr. Greene.
315
00:26:47,271 --> 00:26:48,478
I've worked hard.
316
00:26:48,731 --> 00:26:50,688
Well, you'd want some
white-shoe firm.
317
00:26:50,775 --> 00:26:53,267
Big money cases,
complex legal maneuvers...
318
00:26:53,361 --> 00:26:56,354
No, I think Bibler and Greene
is the perfect fit.
319
00:26:56,906 --> 00:26:59,114
You handled the Mercer
bankruptcy last year...
320
00:26:59,200 --> 00:27:01,112
Come on. How many
have you been to?
321
00:27:01,702 --> 00:27:03,694
They all turned you down,
right? How many?
322
00:27:04,997 --> 00:27:06,158
Like 10?
323
00:27:08,167 --> 00:27:09,499
Twelve.
324
00:27:09,585 --> 00:27:12,043
A woman, a mother
and a Jew to boot.
325
00:27:13,256 --> 00:27:15,543
I'm surprised that many
let you through the door.
326
00:27:15,633 --> 00:27:17,966
One sent me to interview
for the secretarial pool.
327
00:27:19,137 --> 00:27:22,380
Another told me I'd be too busy
at bake sales to be effective.
328
00:27:22,807 --> 00:27:25,424
One partner closes clients
in the locker room at his club,
329
00:27:25,518 --> 00:27:27,555
so he said I'd be
out of the loop.
330
00:27:28,146 --> 00:27:31,264
Last week, I was told women are
too emotional to be lawyers.
331
00:27:31,357 --> 00:27:32,768
Then that same afternoon,
332
00:27:32,859 --> 00:27:36,023
that a woman graduating top of
her class must be a real ball buster
333
00:27:36,112 --> 00:27:37,819
and wouldn't make
a good colleague.
334
00:27:37,905 --> 00:27:40,318
I was asked when
I'd have my next baby,
335
00:27:40,658 --> 00:27:42,115
and whether I keep Shabbat.
336
00:27:43,411 --> 00:27:46,449
One interviewer told me
I had a sterling r�sum�,
337
00:27:46,539 --> 00:27:47,724
but they hired
a woman last year,
338
00:27:47,748 --> 00:27:49,476
and what in the world would
they want with two of us?
339
00:27:49,500 --> 00:27:50,707
You must be livid.
340
00:27:53,337 --> 00:27:55,750
My mother taught me
not to give way to emotions.
341
00:27:55,840 --> 00:27:57,172
Bullshit.
342
00:27:57,884 --> 00:28:00,422
You're angry. Good. Use it.
343
00:28:01,012 --> 00:28:03,049
I have to say, Mrs. Ginsburg,
344
00:28:03,389 --> 00:28:04,880
I'm very impressed.
345
00:28:04,974 --> 00:28:06,135
Mr. Greene,
346
00:28:06,893 --> 00:28:08,475
I wanna be a lawyer.
347
00:28:08,769 --> 00:28:10,852
I wanna represent clients
before the court
348
00:28:10,938 --> 00:28:12,474
in pursuit of justice.
349
00:28:12,565 --> 00:28:15,478
You can see, I...
I worked hard through school, I...
350
00:28:16,110 --> 00:28:18,602
I did everything I was
supposed to and I excelled.
351
00:28:18,696 --> 00:28:20,813
I swear it, I'll do
the same for you.
352
00:28:31,709 --> 00:28:34,372
The fact is that,
you know, we're a...
353
00:28:35,046 --> 00:28:36,753
A close-knit firm.
354
00:28:36,839 --> 00:28:39,582
Almost like family,
and, uh...
355
00:28:42,595 --> 00:28:43,881
But the wives,
356
00:28:45,556 --> 00:28:46,797
they get jealous.
357
00:29:18,214 --> 00:29:21,457
"The prince
would marry her
358
00:29:21,550 --> 00:29:24,509
"whose foot would fit
the little slipper. "
359
00:29:26,722 --> 00:29:27,838
Kiki?
360
00:29:28,349 --> 00:29:31,137
- "First, he tried it on the... "
- Kik? Kik!
361
00:29:31,227 --> 00:29:33,219
- Where is everybody?
- "... princess. "
362
00:29:33,312 --> 00:29:34,928
Oh, hi.
363
00:29:35,231 --> 00:29:37,143
Hello, sweet pea.
Come here.
364
00:29:37,233 --> 00:29:38,974
How was your day, hmm?
365
00:29:39,151 --> 00:29:40,767
I missed you.
366
00:29:40,861 --> 00:29:42,272
Did you have a nice day?
367
00:29:45,074 --> 00:29:46,190
Did you get the job?
368
00:29:46,909 --> 00:29:49,196
You got the job.
That's wonderful!
369
00:29:49,287 --> 00:29:50,368
Oh!
370
00:29:50,746 --> 00:29:52,453
So they're gonna give you
a corner office
371
00:29:52,540 --> 00:29:54,101
or you still gonna have to
jump through some hoops?
372
00:29:54,125 --> 00:29:55,957
It's not at Bibler and Greene.
373
00:29:56,168 --> 00:29:57,875
I wasn't what
they were looking for.
374
00:29:59,297 --> 00:30:00,413
That's okay.
375
00:30:00,506 --> 00:30:03,294
I told you one of the other firms
would come back. Which one was it?
376
00:30:05,469 --> 00:30:08,177
Clyde Ferguson left
his professorship at Rutgers.
377
00:30:09,640 --> 00:30:11,285
- Kiki.
- They haven't found another black man
378
00:30:11,309 --> 00:30:12,345
to replace him,
379
00:30:12,435 --> 00:30:15,178
so someone thought a woman
would be the next best thing.
380
00:30:23,362 --> 00:30:25,069
- Good news.
- You can't quit.
381
00:30:26,157 --> 00:30:28,343
There are more firms out there.
This is the biggest city
382
00:30:28,367 --> 00:30:30,554
and the most litigious country
in the history of the planet.
383
00:30:30,578 --> 00:30:32,535
- You can still...
- Marty, I got a job.
384
00:30:33,414 --> 00:30:35,121
Just open the champagne.
385
00:30:40,796 --> 00:30:41,832
Okay.
386
00:30:43,049 --> 00:30:44,335
Okay.
387
00:30:44,425 --> 00:30:45,666
Then let's celebrate.
388
00:30:53,684 --> 00:30:55,721
Marriage of Figaro.
389
00:31:01,609 --> 00:31:02,690
You know what I think?
390
00:31:02,943 --> 00:31:04,354
I think this is good.
391
00:31:04,612 --> 00:31:05,693
I think it's better.
392
00:31:06,489 --> 00:31:08,300
You won't be beholden to any firm.
393
00:31:08,324 --> 00:31:10,611
You won't have a partner
breathing down your neck.
394
00:31:10,701 --> 00:31:14,866
And also, a professor is free to
represent any client she chooses.
395
00:31:16,082 --> 00:31:19,746
As long as they don't mind a lawyer
who's never actually practiced law.
396
00:31:19,835 --> 00:31:20,835
Well,
397
00:31:21,170 --> 00:31:23,583
all I have to say is,
398
00:31:24,215 --> 00:31:26,457
hooray for Mommy.
399
00:31:28,219 --> 00:31:29,881
Cheers.
400
00:31:32,139 --> 00:31:33,346
Hooray for Mommy.
401
00:31:36,936 --> 00:31:38,302
Hooray for Mommy.
402
00:31:54,870 --> 00:31:58,155
Hell no, we won't go!
403
00:31:58,249 --> 00:32:01,662
Hell no, we won't go!
404
00:32:07,591 --> 00:32:08,672
No!
405
00:32:12,972 --> 00:32:14,634
And now they're telling us
406
00:32:14,723 --> 00:32:16,885
there's gonna be
no prosecution.
407
00:32:17,476 --> 00:32:19,763
Are we gonna stand for that?
No!
408
00:32:19,854 --> 00:32:22,722
Are we gonna die in Vietnam?
No!
409
00:32:22,815 --> 00:32:25,523
No! Hell no, we won't go!
Hell no, we won't go!
410
00:32:25,609 --> 00:32:29,068
Hell no, we won't go!
411
00:32:43,752 --> 00:32:45,368
I'm Professor Ginsburg.
412
00:32:45,963 --> 00:32:49,297
This is Sex Discrimination
and the Law.
413
00:32:50,426 --> 00:32:52,292
Some of my colleagues
will tell you
414
00:32:52,386 --> 00:32:54,594
that sex discrimination
doesn't exist.
415
00:32:54,680 --> 00:32:58,674
That I may as well be teaching the
legal rights of gnomes and fairies.
416
00:32:59,977 --> 00:33:01,593
We'll see if they're right.
417
00:33:03,481 --> 00:33:05,438
Hoyt v. Florida.
418
00:33:05,858 --> 00:33:07,975
State the facts
please, Miss...
419
00:33:08,486 --> 00:33:09,727
Valentin.
420
00:33:10,154 --> 00:33:11,986
Gwendolyn Hoyt was a housewife
421
00:33:12,072 --> 00:33:13,984
and her husband
was this asshole.
422
00:33:14,366 --> 00:33:16,779
Can you recall the specifics?
423
00:33:16,994 --> 00:33:19,202
He cheated on her.
He choked her.
424
00:33:19,455 --> 00:33:21,538
He'd rip off her clothes
and threaten to kill her.
425
00:33:21,707 --> 00:33:23,790
So, in statutory terms,
426
00:33:23,876 --> 00:33:25,083
he was a real asshole.
427
00:33:27,129 --> 00:33:30,839
On the night in question,
Clarence told his wife
428
00:33:30,925 --> 00:33:33,668
that he'd met another woman
and he was leaving her.
429
00:33:33,886 --> 00:33:37,129
How did Hoyt respond,
Miss Burton?
430
00:33:37,556 --> 00:33:39,889
She smashed in his skull
with a baseball bat.
431
00:33:40,184 --> 00:33:43,018
Then called an ambulance
while he was dying.
432
00:33:43,938 --> 00:33:47,648
The jury convicted Hoyt
for second-degree murder.
433
00:33:48,442 --> 00:33:50,308
And that's where
our story begins.
434
00:33:50,986 --> 00:33:52,727
A great civil rights lawyer
435
00:33:52,821 --> 00:33:55,108
took up Hoyt's appeal.
436
00:33:55,407 --> 00:33:56,773
Dorothy...
437
00:33:58,410 --> 00:33:59,617
Kenyon.
438
00:34:01,914 --> 00:34:04,281
On what grounds, Miss Roemer?
439
00:34:04,792 --> 00:34:07,751
That Florida's juries
violated the U.S. Constitution
440
00:34:07,836 --> 00:34:09,196
'cause there were
only men on them.
441
00:34:09,463 --> 00:34:12,251
Kenyon said that
if there were women on it,
442
00:34:12,341 --> 00:34:15,300
Hoyt may have been convicted of a
lesser crime, like manslaughter.
443
00:34:15,386 --> 00:34:17,173
But that law
makes sense, though.
444
00:34:18,138 --> 00:34:20,972
Women can't take care of their kids
if they're on some sequestered jury.
445
00:34:21,058 --> 00:34:22,970
Oh, is that so?
What?
446
00:34:23,060 --> 00:34:25,222
Men are the mammoth hunters.
Oh, my God.
447
00:34:25,312 --> 00:34:26,456
You're never
getting laid again.
448
00:34:26,480 --> 00:34:28,080
What about women
who don't have children?
449
00:34:28,107 --> 00:34:29,227
Or they're out of the house?
450
00:34:29,275 --> 00:34:31,892
Let the man stay home
and take care of his children.
451
00:34:32,236 --> 00:34:35,070
Hey, don't take it out on me.
I'm not holding my fianc�e back.
452
00:34:35,155 --> 00:34:36,441
She's got two jobs.
453
00:34:36,532 --> 00:34:40,196
Which she can be fired from
just for marrying you.
454
00:34:41,078 --> 00:34:42,489
The law allows it.
455
00:34:43,414 --> 00:34:46,748
There are laws that say
women can't work overtime.
456
00:34:47,710 --> 00:34:50,669
And that a woman's
Social Security benefits,
457
00:34:50,754 --> 00:34:52,336
unlike her husband's,
458
00:34:52,548 --> 00:34:54,710
don't provide for
a family after death.
459
00:34:54,800 --> 00:34:55,840
What?
Excuse me?
460
00:34:55,884 --> 00:34:57,320
That's bullshit.
That's crazy.
461
00:34:57,344 --> 00:35:00,428
Ten years ago,
Dorothy Kenyon asked a question.
462
00:35:01,390 --> 00:35:03,848
"If the law differentiates
on the basis of sex,
463
00:35:03,934 --> 00:35:06,472
"then how will women and men
ever become equals?"
464
00:35:07,104 --> 00:35:08,766
And the Supreme Court
answered,
465
00:35:09,356 --> 00:35:10,597
"They won't. "
466
00:35:11,066 --> 00:35:12,728
Hoyt lost her appeal.
467
00:35:13,193 --> 00:35:15,276
The decision was unanimous.
468
00:35:15,654 --> 00:35:18,362
Discrimination on
the basis of sex
469
00:35:18,449 --> 00:35:19,690
is legal.
470
00:35:34,381 --> 00:35:35,667
Here, stir that in.
471
00:35:35,758 --> 00:35:38,375
Hmm. Daddy, that's not
how you do it.
472
00:35:38,594 --> 00:35:39,594
Oh, really?
473
00:35:39,678 --> 00:35:42,546
If you put the herbs in too early,
they lose all their punch.
474
00:35:42,640 --> 00:35:44,326
Well, they're not supposed
to pummel each other, Jane,
475
00:35:44,350 --> 00:35:46,453
they're supposed to complement
each other, and that is why it's called
476
00:35:46,477 --> 00:35:47,996
"marrying the flavors. "
We're home!
477
00:35:48,020 --> 00:35:50,137
- Hi!
- Daddy!
478
00:35:50,230 --> 00:35:51,641
Buddy!
479
00:35:52,107 --> 00:35:53,439
- How was your day?
- Good.
480
00:35:53,567 --> 00:35:55,003
- You have a good day at school?
- Uh-huh.
481
00:35:55,027 --> 00:35:56,768
What'd you learn?
Anything exciting?
482
00:35:57,404 --> 00:35:58,770
- Not really.
- Hi.
483
00:35:58,864 --> 00:36:00,321
- Hi.
- Hi.
484
00:36:01,533 --> 00:36:03,195
- Jane.
- Hey, Mom.
485
00:36:03,285 --> 00:36:04,617
How's this year's class?
486
00:36:05,954 --> 00:36:08,617
Oh, these kids
are so passionate.
487
00:36:09,041 --> 00:36:13,001
To them it's about more than
precedents and dissents.
488
00:36:13,087 --> 00:36:15,170
They wanna forge a movement.
That's great.
489
00:36:15,255 --> 00:36:16,917
Mmm!
This is delicious.
490
00:36:17,091 --> 00:36:19,083
Don't act so surprised.
- Jane?
491
00:36:20,344 --> 00:36:22,552
I got a call from
your school today.
492
00:36:23,681 --> 00:36:26,298
Apparently,
I misdated a note
493
00:36:26,642 --> 00:36:28,884
excusing you from classes
last week.
494
00:36:29,019 --> 00:36:31,762
I- t's not a big deal.
- Oh, well, problem solved then, right?
495
00:36:31,855 --> 00:36:33,266
You skipped school, it's...
496
00:36:33,357 --> 00:36:36,521
It's the first week.
Is this what this year's gonna be like?
497
00:36:36,652 --> 00:36:38,004
- And you lied to the school...
- I never lied.
498
00:36:38,028 --> 00:36:40,111
No, forging a note
is lying, Jane.
499
00:36:40,531 --> 00:36:42,113
You're smart enough
to know that.
500
00:36:42,908 --> 00:36:44,524
Well, apparently
I'm not, Mom.
501
00:36:48,122 --> 00:36:50,042
Don't forget we have
that party tonight. Not you.
502
00:36:50,124 --> 00:36:52,411
- Jane!
- I apologized, okay?
503
00:36:52,501 --> 00:36:54,117
I wanna know
where you were.
504
00:36:54,378 --> 00:36:57,166
Denise and I went to a rally
to hear Gloria Steinem speak.
505
00:36:58,090 --> 00:36:59,126
What?
506
00:36:59,550 --> 00:37:00,791
Gloria Steinem.
507
00:37:01,009 --> 00:37:03,376
She's a writer.
She just started her own magazine.
508
00:37:03,512 --> 00:37:06,721
- She testified in the Senate...
- Yeah, I know who Gloria Steinem is.
509
00:37:07,182 --> 00:37:08,969
What if you got hurt
or arrested?
510
00:37:09,059 --> 00:37:11,096
Mom, it's a rally,
not a riot.
511
00:37:11,228 --> 00:37:13,790
- Jane, these things can get out of hand.
- Okay, well, I'm 15 years old
512
00:37:13,814 --> 00:37:15,542
and you don't need to control
every minute of my life.
513
00:37:15,566 --> 00:37:18,559
Yes, I do. That is my job.
And your job is to go to school and learn.
514
00:37:18,652 --> 00:37:21,486
Well, Gloria says we need to
unlearn the status quo.
515
00:37:21,572 --> 00:37:23,780
Oh. So you're on
a first-name basis now?
516
00:37:23,866 --> 00:37:25,152
You know what, Mom?
517
00:37:25,325 --> 00:37:28,489
If you wanna sit around with your students
and talk about how shitty it is
518
00:37:28,579 --> 00:37:29,681
- to be a girl...
- Hey! Language.
519
00:37:29,705 --> 00:37:31,367
But don't pretend
it's a movement, okay?
520
00:37:31,457 --> 00:37:33,870
It's not a movement
if everyone's just sitting.
521
00:37:34,460 --> 00:37:36,952
That's a support group.
Jane. That's enough.
522
00:37:41,008 --> 00:37:42,215
We should get going.
523
00:37:42,301 --> 00:37:44,384
Yeah, go make yourself pretty
for Daddy's party.
524
00:37:47,139 --> 00:37:49,051
- You know what? Go to your room.
- Fine.
525
00:37:52,561 --> 00:37:53,927
No, no, it's well-known.
526
00:37:54,021 --> 00:37:56,980
Tax is the only genuinely
funny area of the law.
527
00:37:57,065 --> 00:38:00,185
And I think most of us just want
careers that have a little more, uh...
528
00:38:00,360 --> 00:38:01,942
...impact.
Hmm.
529
00:38:03,155 --> 00:38:05,175
You know, young people in Sweden
these days aren't getting married?
530
00:38:05,199 --> 00:38:06,406
Really?
531
00:38:06,492 --> 00:38:08,825
It's true. They're getting engaged.
Hmm.
532
00:38:09,578 --> 00:38:11,114
They're still
living together.
533
00:38:11,747 --> 00:38:13,488
Still having kids,
raising a family,
534
00:38:13,582 --> 00:38:15,539
but they're not getting married.
You know why?
535
00:38:15,626 --> 00:38:17,066
They can
have sex without it.
536
00:38:19,922 --> 00:38:21,379
It's because of taxes.
537
00:38:23,258 --> 00:38:25,170
It's true. After the war,
Sweden passed a law
538
00:38:25,260 --> 00:38:28,549
that said married couples will
now file joint income tax returns.
539
00:38:28,639 --> 00:38:30,221
However, unlike
the United States,
540
00:38:30,307 --> 00:38:32,147
they weren't given
any of the benefits from it.
541
00:38:32,392 --> 00:38:36,056
So, married Swedes were finding
themselves in the uncomfortable position
542
00:38:36,146 --> 00:38:38,183
of now being in
a higher tax bracket.
543
00:38:38,357 --> 00:38:40,557
Really?
So they got divorced.
544
00:38:40,984 --> 00:38:42,664
Of course, they were
still living together.
545
00:38:42,694 --> 00:38:45,186
So the Swedish government
then passes a new law that says,
546
00:38:45,280 --> 00:38:47,146
"All right. Married couples
who get divorced
547
00:38:47,241 --> 00:38:49,699
"but continue to live together
for tax purposes
548
00:38:49,785 --> 00:38:51,617
"will be considered
still married. "
549
00:38:51,703 --> 00:38:52,983
So they did what
anyone would do.
550
00:38:53,038 --> 00:38:54,620
They add a second entrance
to their home
551
00:38:54,706 --> 00:38:57,289
with a nice wall that goes
right down the middle
552
00:38:57,376 --> 00:38:59,083
with doors for
easy access.
553
00:38:59,211 --> 00:39:03,330
"All right, fine," says the Swedish government, "new law.
554
00:39:03,799 --> 00:39:07,964
"Once married, now divorced
couples living in a two-income household
555
00:39:08,053 --> 00:39:12,047
"that is subdivided would,"
again, for tax purposes,
556
00:39:12,808 --> 00:39:14,577
"be considered living together,
and therefore... "
557
00:39:14,601 --> 00:39:16,058
Therefore, still married.
558
00:39:16,144 --> 00:39:20,013
Now he's got it.
And this went on for decades.
559
00:39:20,107 --> 00:39:21,894
All the while,
a whole generation of Swedes
560
00:39:21,984 --> 00:39:24,692
simply skirted the issue by never
getting married in the first place.
561
00:39:25,654 --> 00:39:27,771
Speaking of, have you all met
my lovely wife, Ruth?
562
00:39:27,948 --> 00:39:31,783
The moral of his story is that in
their attempt to raise revenue,
563
00:39:31,869 --> 00:39:34,031
the Swedish government
ruined all those young men's
564
00:39:34,121 --> 00:39:35,282
best hope at happiness.
565
00:39:35,706 --> 00:39:36,742
Exactly.
566
00:39:37,249 --> 00:39:40,083
Because how a government
taxes its citizens
567
00:39:40,168 --> 00:39:43,127
is a direct declaration
of a country's values.
568
00:39:43,380 --> 00:39:45,872
So tell me, what could have
more impact than that?
569
00:39:48,010 --> 00:39:49,501
You'd be wise
to listen, boys.
570
00:39:49,595 --> 00:39:51,427
I swear to Christ,
571
00:39:51,513 --> 00:39:54,301
Martin Ginsburg will be signing
all of our checks someday.
572
00:39:56,476 --> 00:39:58,718
You're a smart girl, Ruthy,
you married a star.
573
00:40:02,065 --> 00:40:04,022
Tom Maller's barely evolved.
574
00:40:04,109 --> 00:40:06,226
He started walking
upright last week.
575
00:40:06,612 --> 00:40:08,604
- You always do that.
- What?
576
00:40:08,780 --> 00:40:11,147
- You act like it doesn't matter.
- No.
577
00:40:11,241 --> 00:40:13,073
But all the little
brush-offs,
578
00:40:13,160 --> 00:40:16,653
the dismissive pats on the head, it...
It matters, Marty.
579
00:40:16,747 --> 00:40:20,286
Why? You know what you're doing is important.
So who cares?
580
00:40:21,835 --> 00:40:24,623
Okay, fine. Next time my boss
gives me a clumsy compliment,
581
00:40:24,713 --> 00:40:26,079
I'll challenge him to a duel.
582
00:40:26,173 --> 00:40:27,289
Will that make you happy?
583
00:40:27,382 --> 00:40:29,624
I wouldn't wanna hurt
your stellar reputation.
584
00:40:29,718 --> 00:40:32,586
- Just tell me what you want.
- Nothing!
585
00:40:33,055 --> 00:40:35,172
I want nothing.
I want you to go to work
586
00:40:35,265 --> 00:40:36,676
and wow your
bosses and clients,
587
00:40:36,767 --> 00:40:38,008
and be the youngest partner
588
00:40:38,101 --> 00:40:39,329
- in the history of the firm.
- That's not fair.
589
00:40:39,353 --> 00:40:40,872
- That's not fair and you know it.
- Then I want you to walk
590
00:40:40,896 --> 00:40:43,333
me home, Marty, so I can sit in my corner
and write a lesson plan to inspire
591
00:40:43,357 --> 00:40:45,001
- the next generation of students...
- No one's pushing you
592
00:40:45,025 --> 00:40:46,586
- in the corner.
- ... to go forth and fight for equality.
593
00:40:46,610 --> 00:40:49,774
I don't understand why you're acting
like that's such a bad thing.
594
00:40:50,197 --> 00:40:52,484
You're out there training
the next generation of lawyers
595
00:40:52,574 --> 00:40:53,574
to change the world.
596
00:40:53,659 --> 00:40:55,696
Because that's what
I wanted to do!
597
00:41:03,168 --> 00:41:04,659
Kiki. Kiki.
598
00:41:16,306 --> 00:41:17,547
Page 21.
599
00:41:19,518 --> 00:41:21,601
I don't read tax court cases.
600
00:41:21,687 --> 00:41:22,848
Read this one.
601
00:41:23,146 --> 00:41:25,354
The IRS denied a petitioner
a tax deduction
602
00:41:25,440 --> 00:41:27,853
to hire a nurse to take care
of an invalid mother.
603
00:41:29,111 --> 00:41:31,478
- Sounds like a real page turner.
- Hmm.
604
00:41:31,738 --> 00:41:34,276
- Ask me why.
- Marty, I have a lecture to write.
605
00:41:34,700 --> 00:41:36,441
Hmm. Okay.
606
00:41:39,496 --> 00:41:42,159
It's because the petitioner
is a man.
607
00:41:47,337 --> 00:41:48,623
Marty.
608
00:41:49,965 --> 00:41:52,628
Section 214 of the Tax Code
609
00:41:52,718 --> 00:41:55,802
assumes a caregiver
has to be a woman.
610
00:41:57,806 --> 00:42:02,346
This is sex-based
discrimination against a man.
611
00:42:04,229 --> 00:42:05,891
Poor guy.
612
00:42:06,523 --> 00:42:08,230
If a federal court
613
00:42:09,151 --> 00:42:10,938
ruled that this law
614
00:42:11,445 --> 00:42:13,732
is unconstitutional,
615
00:42:13,822 --> 00:42:15,438
then it could become
the precedent
616
00:42:15,532 --> 00:42:17,865
others refer to
and build on.
617
00:42:18,493 --> 00:42:20,075
Men and women both.
618
00:42:21,955 --> 00:42:25,790
It could topple the whole damn
system of discrimination.
619
00:42:29,004 --> 00:42:30,211
What?
620
00:42:30,297 --> 00:42:31,504
Nothing.
621
00:42:31,757 --> 00:42:34,921
I'm just thrilled at your newfound
enthusiasm for tax law.
622
00:42:35,385 --> 00:42:36,546
Marty.
623
00:42:36,636 --> 00:42:37,672
Oh.
624
00:42:38,680 --> 00:42:39,921
And Marty,
625
00:42:41,349 --> 00:42:43,136
we need to take this case.
626
00:42:56,865 --> 00:42:58,857
Of course he says he's against
bombing Cambodia.
627
00:42:58,950 --> 00:43:00,691
I wanna know,
where's the bill to defund it?
628
00:43:00,786 --> 00:43:02,666
It's derogatory,
it's taunting, but it's speech.
629
00:43:03,163 --> 00:43:05,075
Mel Wulf is expecting me.
630
00:43:05,165 --> 00:43:07,435
He wants to get his hands on Nixon,
or he hopes the Viet Cong do?
631
00:43:07,459 --> 00:43:08,791
Well, why?
What's the difference?
632
00:43:09,169 --> 00:43:11,331
Five years in prison. Go.
633
00:43:14,841 --> 00:43:17,299
Oh
634
00:43:17,385 --> 00:43:21,504
I'm an acorn, short and round
Lying on the dusty ground
635
00:43:21,598 --> 00:43:24,807
Everybody steps on me
That is why I'm cracked You see
636
00:43:24,893 --> 00:43:27,351
I'm a nut, I'm a nut
I'm a nut
637
00:43:27,437 --> 00:43:28,437
Come on.
638
00:43:28,522 --> 00:43:31,356
I'm a nut, I'm a nut
I'm a nut
639
00:43:31,942 --> 00:43:34,685
I'm a nut, I'm a nut
I'm a nut
640
00:43:34,778 --> 00:43:35,778
Wow.
641
00:43:35,862 --> 00:43:37,569
Oh, I'm a nut
But that's no sin
642
00:43:37,656 --> 00:43:40,023
'Cause at Camp Che-Na-Wah
I fit right in
643
00:43:41,535 --> 00:43:42,867
Ladies and gentlemen,
644
00:43:42,953 --> 00:43:47,573
three-time Camp Che-Na-Wah
All-Around Camper, Ruth "Kiki" Bader.
645
00:43:50,585 --> 00:43:52,793
Oh, and for all you
who think this job is hard,
646
00:43:52,879 --> 00:43:55,917
I judged the 13-and-unders
with a color war trophy on the line.
647
00:43:56,007 --> 00:43:58,374
Back to work.
648
00:43:59,845 --> 00:44:01,552
Hey, Kiki.
What do you say?
649
00:44:04,057 --> 00:44:05,798
Hi, Mel.
650
00:44:06,476 --> 00:44:07,592
Sorry about that.
651
00:44:10,522 --> 00:44:11,933
You said you had a case.
652
00:44:12,482 --> 00:44:13,689
This is not a case.
653
00:44:13,775 --> 00:44:16,734
This is the opening salvo on a 50-year
war for a new class of civil rights.
654
00:44:16,820 --> 00:44:18,231
Yes! Exactly!
655
00:44:18,989 --> 00:44:20,855
I can't do this.
It's beyond my mandate.
656
00:44:20,949 --> 00:44:23,191
American Civil
Liberties Union?
657
00:44:24,035 --> 00:44:25,367
Women's rights
are civil rights.
658
00:44:25,453 --> 00:44:27,661
I'm still getting flak for
defending draft card burners.
659
00:44:27,998 --> 00:44:29,955
And the right to protest
actually exists.
660
00:44:30,250 --> 00:44:31,457
After you.
661
00:44:31,543 --> 00:44:32,624
Here.
662
00:44:35,547 --> 00:44:36,913
Lois, can I get a...
663
00:44:46,766 --> 00:44:47,847
How's Marty?
664
00:44:50,061 --> 00:44:51,142
He's fine.
665
00:44:52,022 --> 00:44:55,186
Still protecting the rich against
the predations of the poor?
666
00:44:57,736 --> 00:44:59,352
If we're gonna appeal,
667
00:44:59,613 --> 00:45:02,697
the court needs to agree there's
a constitutional handle in here.
668
00:45:02,782 --> 00:45:05,195
How did you even convince this
guy to let you represent him?
669
00:45:05,285 --> 00:45:06,776
I... I'll take care of that.
670
00:45:06,953 --> 00:45:08,073
- He doesn't know?
- Alone...
671
00:45:08,163 --> 00:45:09,404
- Are you kidding me?
- Alone,
672
00:45:09,497 --> 00:45:11,454
the judges may not
give Marty and I
673
00:45:11,541 --> 00:45:12,768
- the benefit of the doubt.
- Oh.
674
00:45:12,792 --> 00:45:15,580
But with your name
alongside ours on the brief...
675
00:45:16,338 --> 00:45:17,419
Yeah.
676
00:45:18,256 --> 00:45:22,250
Mel, you must see the opportunity
this case represents.
677
00:45:22,844 --> 00:45:24,280
You think the judges
are gonna be sympathetic
678
00:45:24,304 --> 00:45:25,704
just 'cause they
all have prostates?
679
00:45:26,389 --> 00:45:28,201
Men and women all eat
at the same lunch counters,
680
00:45:28,225 --> 00:45:30,203
they drink at the same water fountains,
they go to the same schools...
681
00:45:30,227 --> 00:45:32,330
- Women can't attend Dartmouth.
- Men can't go to Smith.
682
00:45:32,354 --> 00:45:35,847
Women police officers can't
patrol New York City streets.
683
00:45:36,191 --> 00:45:37,272
We have to get...
684
00:45:40,195 --> 00:45:43,404
We have to get credit cards
in our husband's names.
685
00:45:43,490 --> 00:45:44,981
You're not a minority.
686
00:45:45,116 --> 00:45:47,153
You're 51% of the population!
687
00:45:47,577 --> 00:45:49,785
It's been tried.
Muller, Goesaert, uh...
688
00:45:49,871 --> 00:45:52,266
What's the other one?
The one with the woman with the baseball bat.
689
00:45:52,290 --> 00:45:54,202
- Gwendolyn Hoyt.
- Gwendolyn Hoyt, exactly.
690
00:45:54,292 --> 00:45:56,579
- And morally, they were right.
- Yet they lost.
691
00:45:57,671 --> 00:46:00,459
Ruth, morality
does not win the day.
692
00:46:00,548 --> 00:46:01,709
Look around you.
693
00:46:02,175 --> 00:46:04,667
Dorothy Kenyon
could not get women equality
694
00:46:04,761 --> 00:46:07,720
by arguing a case with sex, murder
and prison time on the line.
695
00:46:07,889 --> 00:46:11,178
You and Marty think you're gonna
do it with this guy and his taxes?
696
00:46:49,472 --> 00:46:50,804
Operator.
697
00:46:51,808 --> 00:46:53,640
I... I need a number.
698
00:46:55,020 --> 00:46:57,057
Denver, Colorado.
699
00:46:57,939 --> 00:46:59,375
Come on,
you're gonna miss your flight!
700
00:46:59,399 --> 00:47:01,719
Now, you have to get James
from school while I'm in Denver.
701
00:47:01,776 --> 00:47:02,776
Mom, I told you,
702
00:47:02,861 --> 00:47:05,194
Denise and I are starting
our consciousness raising group.
703
00:47:05,280 --> 00:47:06,737
Take James with you.
704
00:47:08,283 --> 00:47:10,320
- You'll be all right?
- Yeah.
705
00:47:10,577 --> 00:47:12,068
We'll survive somehow.
706
00:47:12,787 --> 00:47:14,323
Bye. Bye.
707
00:47:15,707 --> 00:47:16,868
Go kick ass.
708
00:47:17,042 --> 00:47:18,158
Meter's running.
709
00:47:19,169 --> 00:47:20,330
Bye, Mom.
710
00:47:21,129 --> 00:47:22,995
Bye.
Bye, Mom.
711
00:47:40,148 --> 00:47:41,184
Thank you.
712
00:47:54,704 --> 00:47:58,163
- Mr. Moritz.
- Mrs. Ginsburg. You're early.
713
00:48:00,460 --> 00:48:02,873
I can come back
in 10 minutes if you prefer.
714
00:48:02,962 --> 00:48:04,043
No, you might...
715
00:48:04,798 --> 00:48:06,915
Might as well come in now
and have your say.
716
00:48:08,843 --> 00:48:10,004
Shoes off, please.
717
00:48:12,972 --> 00:48:14,008
Just come on in.
718
00:48:14,766 --> 00:48:15,847
Excuse me.
719
00:48:17,685 --> 00:48:20,519
You done, Mom?
No. Not yet.
720
00:48:21,898 --> 00:48:23,751
I'm done, thank you.
You want your crossword?
721
00:48:23,775 --> 00:48:25,294
Yeah, please.
Okay.
722
00:48:28,279 --> 00:48:29,315
Here you go.
723
00:48:31,574 --> 00:48:33,236
- Mom...
- Uh-huh?
724
00:48:33,326 --> 00:48:34,487
This is Mrs. Ginsburg.
725
00:48:34,577 --> 00:48:36,614
She's the New York lawyer
I told you about.
726
00:48:36,704 --> 00:48:38,696
Mrs. Moritz, hello.
727
00:48:38,790 --> 00:48:40,702
I thought she would be bigger.
728
00:48:44,337 --> 00:48:45,498
You can have a seat.
729
00:48:46,506 --> 00:48:47,506
Here you go.
730
00:48:47,590 --> 00:48:49,350
- Do you want your magnifier?
- Yeah, please.
731
00:48:49,426 --> 00:48:51,292
Okay.
Here you go. All right?
732
00:48:52,220 --> 00:48:53,780
You want a drink?
Uh-huh.
733
00:48:58,226 --> 00:49:01,594
I see you were a drum major.
I was a twirler.
734
00:49:02,105 --> 00:49:03,516
It was a thousand years ago.
735
00:49:09,612 --> 00:49:12,946
- Mr. Moritz, about your case...
- I don't have a case.
736
00:49:14,117 --> 00:49:16,029
Four lawyers told me so.
737
00:49:16,870 --> 00:49:18,736
And that judge, Tietjens,
738
00:49:19,414 --> 00:49:22,122
- he basically called me a tax cheat.
- Are you?
739
00:49:23,835 --> 00:49:26,293
I never cheated
at anything in my life.
740
00:49:26,379 --> 00:49:28,211
Tasmanian egg layer.
741
00:49:28,298 --> 00:49:29,334
Eight letters.
742
00:49:29,591 --> 00:49:30,877
Not now, Mom.
743
00:49:33,344 --> 00:49:37,463
Tell me in your own words,
why did you hire a nurse?
744
00:49:38,057 --> 00:49:40,094
If you've never cared
for an ailing parent...
745
00:49:40,185 --> 00:49:41,185
I have.
746
00:49:42,312 --> 00:49:43,393
Then you know.
747
00:49:43,480 --> 00:49:45,847
Between the dressing
and the bathing and the toilet,
748
00:49:46,566 --> 00:49:50,150
it's not a task for one person,
especially if you have a day job.
749
00:49:50,236 --> 00:49:53,604
If it wasn't for Cleeta,
I'd have to put Mom in a home.
750
00:49:53,698 --> 00:49:56,315
So you deducted Cleeta's
salary on your taxes.
751
00:49:56,409 --> 00:49:58,947
The judge said
the tax code was clear.
752
00:49:59,454 --> 00:50:01,912
Caretaker's deduction was
available to all women,
753
00:50:01,998 --> 00:50:05,787
but only to men who had wives
who were incapacitated
754
00:50:05,877 --> 00:50:07,789
or dead or were divorced.
755
00:50:07,921 --> 00:50:09,708
- And you've never been married.
- No.
756
00:50:09,797 --> 00:50:12,790
The men who wrote that law
couldn't even fathom that a bachelor
757
00:50:13,426 --> 00:50:16,043
choosing to take care
of a parent at home might exist.
758
00:50:16,137 --> 00:50:19,926
Tasmanian egg layer,
second letter "L."
759
00:50:20,058 --> 00:50:23,051
- Mom, I'll help you in a little bit.
- How about "platypus"?
760
00:50:25,939 --> 00:50:26,975
Ah!
761
00:50:31,069 --> 00:50:33,026
I'm a salesman,
Mrs. Ginsburg.
762
00:50:34,405 --> 00:50:36,317
And I know
when I'm being sold.
763
00:50:39,202 --> 00:50:40,568
With due respect,
764
00:50:41,454 --> 00:50:45,243
you have $296 at issue.
I'm not here for the money.
765
00:50:46,167 --> 00:50:49,626
We'd represent your appeal
pro bono, if you'll let us.
766
00:50:49,712 --> 00:50:52,079
So, the judge was wrong?
767
00:50:52,173 --> 00:50:56,463
Mr. Moritz,
the law is wrong.
768
00:51:01,766 --> 00:51:03,177
Thank you. I was hungry.
769
00:51:06,229 --> 00:51:07,845
If it's not for the money,
770
00:51:09,399 --> 00:51:10,560
why are you here?
771
00:51:15,113 --> 00:51:17,981
The 14th Amendment to the
United States Constitution says
772
00:51:18,074 --> 00:51:20,612
all people must be treated
equally under the law.
773
00:51:21,369 --> 00:51:24,157
Yet there are I don't know
how many laws
774
00:51:24,247 --> 00:51:27,115
like the caregiver deduction
that say in effect,
775
00:51:27,208 --> 00:51:30,872
women stay home, men go to work,
and that it should stay that way forever.
776
00:51:31,796 --> 00:51:33,537
I want to convince
the federal courts
777
00:51:33,631 --> 00:51:37,341
that those laws
are unconstitutional.
778
00:51:37,760 --> 00:51:38,876
How do you do that?
779
00:51:40,972 --> 00:51:44,340
One case at a time,
starting with yours.
780
00:51:45,476 --> 00:51:46,762
So I'm a guinea pig?
781
00:51:48,354 --> 00:51:49,390
No, sir.
782
00:51:51,065 --> 00:51:53,728
You're the man marching out
ahead of the band leading the way.
783
00:51:55,153 --> 00:51:57,566
Just like that drum major
you used to be.
784
00:51:59,407 --> 00:52:03,321
I've invested a lot of my own
reputation building up your career
785
00:52:03,411 --> 00:52:04,743
and now you're
on track to be
786
00:52:04,829 --> 00:52:07,537
the youngest partner
in the history of the firm.
787
00:52:07,624 --> 00:52:11,038
And you want to risk that
for some cockamamie case?
788
00:52:11,628 --> 00:52:16,339
Tom, I'm contractually obligated to ask
to take outside work, and I'm asking.
789
00:52:16,424 --> 00:52:19,212
For God's sakes, you're
traipsing into this for what?
790
00:52:19,552 --> 00:52:21,509
So your wife can feel
like a real lawyer?
791
00:52:22,555 --> 00:52:24,547
She is a real lawyer, Tom.
792
00:52:24,641 --> 00:52:26,849
You wanna support Ruth,
tell her the truth.
793
00:52:27,101 --> 00:52:29,184
- Which is?
- The case is unwinnable.
794
00:52:29,771 --> 00:52:31,854
Congress can write
whatever taxes it wants,
795
00:52:31,939 --> 00:52:34,022
that's not open to
constitutional attack.
796
00:52:34,108 --> 00:52:35,474
Yes, but maybe
you just say that
797
00:52:35,568 --> 00:52:37,768
because no one's been able
to successfully do it before.
798
00:52:38,321 --> 00:52:39,321
Oh, Marty.
799
00:52:40,448 --> 00:52:41,984
Fine. Try it, but...
800
00:52:42,950 --> 00:52:46,034
When you lose
and you embarrass our firm,
801
00:52:46,120 --> 00:52:48,515
just be ready for your career
to come crashing back to earth.
802
00:52:48,539 --> 00:52:50,371
Okay. Noted. Noted.
And thank you, Tom.
803
00:52:50,500 --> 00:52:52,583
- Thank you. Thank you.
- Yeah, yeah, yeah.
804
00:52:52,669 --> 00:52:56,288
No! Murder can never be condoned,
least of all by a lawyer.
805
00:52:56,381 --> 00:52:57,622
It's called justice.
806
00:52:57,715 --> 00:53:00,628
Yeah, what's just to you may not be
just to me or to someone else.
807
00:53:00,718 --> 00:53:02,988
You know what I'm talking about.
Hello, family unit.
808
00:53:03,012 --> 00:53:06,756
And would it kill you to admit that maybe
I actually did something right?
809
00:53:06,849 --> 00:53:08,556
This is an A paper.
810
00:53:08,643 --> 00:53:10,885
Yeah, of course it is.
You're a beautiful writer.
811
00:53:10,978 --> 00:53:12,185
It just needs more work.
812
00:53:12,855 --> 00:53:16,064
Please tell me you aren't going 15 rounds
over To Kill a Mockingbird.
813
00:53:16,150 --> 00:53:19,518
Daddy, can you please tell Mom
that Atticus Finch can be a role model.
814
00:53:19,612 --> 00:53:22,320
He covers up Bob Ewell's murder.
He is a terrible lawyer.
815
00:53:22,407 --> 00:53:24,569
- Why? 'Cause you say so?
- No. Not me.
816
00:53:24,659 --> 00:53:26,992
Canon one of
the American Bar Association's
817
00:53:27,078 --> 00:53:28,614
Model Code of Responsibility.
818
00:53:28,705 --> 00:53:29,991
What are you
talking about?
819
00:53:30,081 --> 00:53:31,947
It's called legal ethics.
820
00:53:32,291 --> 00:53:35,125
Well, you'd do exactly the same
thing if you actually had a heart.
821
00:53:41,718 --> 00:53:43,478
I don't know where
she gets her stubbornness.
822
00:53:43,970 --> 00:53:45,177
Can't imagine.
823
00:53:46,931 --> 00:53:48,012
So, how was your day?
824
00:53:55,106 --> 00:53:59,020
"History discloses that woman has
always been dependent upon man.
825
00:53:59,694 --> 00:54:02,528
"Like children,
she needs special care.
826
00:54:02,613 --> 00:54:04,775
"This justifies a difference
in legislation. "
827
00:54:04,866 --> 00:54:06,573
Muller v. Oregon.
The law of the land.
828
00:54:06,993 --> 00:54:09,030
Or Bradwell v. Illinois.
829
00:54:10,121 --> 00:54:13,990
"The destiny of a woman is the
benign offices of wife and mother.
830
00:54:14,333 --> 00:54:15,824
"This is the law
of the Creator. "
831
00:54:16,586 --> 00:54:19,329
I'm writing this brief
and citing the same cases
832
00:54:19,422 --> 00:54:23,132
with the exact same precedents
as everyone before us.
833
00:54:23,968 --> 00:54:26,676
Marty, if this is what we go in with,
we're gonna lose.
834
00:54:29,390 --> 00:54:30,990
Wait, wait, wait, wait.
Wait, wait, wait.
835
00:54:31,017 --> 00:54:32,349
I got it. I got it.
836
00:54:33,603 --> 00:54:35,720
At least she's not listening
to The Monkees.
837
00:54:40,276 --> 00:54:41,858
I'm busy.
838
00:55:02,089 --> 00:55:03,830
Come here.
Come here.
839
00:55:13,226 --> 00:55:14,433
I'm fine.
840
00:55:16,813 --> 00:55:18,349
I can be
as tough as she is.
841
00:55:19,774 --> 00:55:20,981
She's a bully.
842
00:55:22,443 --> 00:55:25,060
And she needs everyone
to know how smart she is.
843
00:55:27,949 --> 00:55:30,282
Do you want Mom
to stop being smart?
844
00:55:31,536 --> 00:55:34,825
I want her to stop rubbing it in
everyone's face all the time.
845
00:55:41,754 --> 00:55:45,873
Grandma Celia died
when Mom was about your age.
846
00:55:47,134 --> 00:55:48,921
But up until her dying breath,
847
00:55:49,428 --> 00:55:53,138
they would read together,
debate ideas together.
848
00:55:54,851 --> 00:55:58,390
And she taught your mom
to question everything.
849
00:55:59,522 --> 00:56:02,139
She's not trying
to bully you, Jane.
850
00:56:02,483 --> 00:56:04,975
She just doesn't want you
to feel small.
851
00:56:06,028 --> 00:56:10,193
She wants to give you
what her mom taught her.
852
00:56:12,535 --> 00:56:13,821
That's how she
853
00:56:15,621 --> 00:56:16,953
shows her heart.
854
00:56:17,832 --> 00:56:18,913
Hmm?
855
00:56:38,436 --> 00:56:39,517
Is she okay?
856
00:56:41,105 --> 00:56:42,141
She'll be fine.
857
00:56:53,492 --> 00:56:56,485
This is stupid. You're the one who said
I'm supposed to be in school.
858
00:56:56,829 --> 00:56:59,162
If you're gonna write about
great American lawyers,
859
00:56:59,248 --> 00:57:00,489
you may as well meet one.
860
00:57:15,181 --> 00:57:16,467
You ladies look lost.
861
00:57:19,560 --> 00:57:20,676
Well, spit it out.
862
00:57:21,687 --> 00:57:23,849
Miss Kenyon,
we're here to see you.
863
00:57:24,607 --> 00:57:25,893
I tried to make
an appointment...
864
00:57:25,983 --> 00:57:27,975
Well, here I am.
I don't have all day.
865
00:57:28,903 --> 00:57:31,190
It's about Gwendolyn Hoyt.
866
00:57:31,989 --> 00:57:33,446
In that case,
I've no interest
867
00:57:33,532 --> 00:57:34,772
in talking to either
one of you.
868
00:57:34,825 --> 00:57:36,691
I'm arguing a case.
869
00:57:36,786 --> 00:57:39,494
Sex discrimination violates the
equal protection principle.
870
00:57:39,580 --> 00:57:43,119
Equal protection was coined to
grant equality to the negro.
871
00:57:43,334 --> 00:57:45,792
A task at which it has
dismally failed.
872
00:57:45,878 --> 00:57:47,870
What makes you think
women would fare any better?
873
00:57:47,964 --> 00:57:49,125
Please, if we could
just talk.
874
00:57:49,215 --> 00:57:51,673
You wanna know
how I blew it. Is that it?
875
00:57:52,051 --> 00:57:53,337
What I'd do differently?
876
00:57:53,594 --> 00:57:55,586
Why? You think you can
change the country?
877
00:57:56,472 --> 00:57:58,088
You should look
to her generation.
878
00:57:58,391 --> 00:57:59,723
They're taking
to the streets.
879
00:57:59,809 --> 00:58:03,098
Demanding change. Like we did
when we fought for the vote.
880
00:58:03,437 --> 00:58:05,349
Our mistake was thinking
we had won.
881
00:58:05,856 --> 00:58:07,313
We started asking please,
882
00:58:07,817 --> 00:58:11,231
as if civil rights were sweets
to be handed out by judges.
883
00:58:11,320 --> 00:58:12,606
Protests are important.
884
00:58:12,697 --> 00:58:15,735
But changing the culture means
nothing if the law doesn't change.
885
00:58:16,409 --> 00:58:18,196
As a lawyer, you must
believe that.
886
00:58:19,036 --> 00:58:20,072
Let me guess.
887
00:58:21,414 --> 00:58:23,121
You're a professor,
aren't you?
888
00:58:23,833 --> 00:58:24,949
Yeah.
889
00:58:25,042 --> 00:58:27,034
Ton of knowledge
and no smarts.
890
00:58:27,128 --> 00:58:29,415
- Mom, we should go.
- You want advice?
891
00:58:29,630 --> 00:58:30,791
Here it is.
892
00:58:30,881 --> 00:58:33,749
Tell your client she won't
find equality in a courtroom.
893
00:58:33,843 --> 00:58:36,256
My client's name
is Charles Moritz.
894
00:58:36,429 --> 00:58:37,510
That's cute.
895
00:58:38,055 --> 00:58:41,423
He hired a nurse to
take care of his mother, but
896
00:58:42,059 --> 00:58:44,893
he was denied a caregiver
deduction on his taxes.
897
00:58:45,521 --> 00:58:46,853
He's never been married.
898
00:58:47,898 --> 00:58:50,857
You found a bachelor taking
care of his mother at home.
899
00:58:54,238 --> 00:58:55,854
The judges will be
repulsed by him.
900
00:58:56,657 --> 00:58:58,319
Feeling anything is a start.
901
00:59:00,995 --> 00:59:02,486
What did you say
your name was?
902
00:59:03,539 --> 00:59:05,246
Ruth Bader Ginsburg.
903
00:59:07,001 --> 00:59:10,119
Well, sorry,
Professor Ginsburg.
904
00:59:10,921 --> 00:59:12,503
Maybe someday.
905
00:59:12,590 --> 00:59:14,126
But the country isn't ready.
906
00:59:15,134 --> 00:59:17,421
Change minds first,
907
00:59:17,511 --> 00:59:18,752
then change the law.
908
00:59:19,930 --> 00:59:23,014
If you'll excuse me, the mayor has
decided to rename the neighborhood.
909
00:59:23,100 --> 00:59:26,093
So now a developer is kicking
30 families out of a building
910
00:59:26,187 --> 00:59:28,053
he abandoned 10 years ago.
911
00:59:29,356 --> 00:59:32,394
SoHo. Who ever heard
of such a ridiculous thing.
912
00:59:34,278 --> 00:59:37,567
I know she's your personal hero
and all, but she's kind of a bitch.
913
00:59:37,656 --> 00:59:39,272
No, she's formidable.
914
00:59:39,366 --> 00:59:41,483
Dorothy Kenyon has been
fighting for women's rights
915
00:59:41,577 --> 00:59:44,820
and civil rights and labor rights
her entire career.
916
00:59:45,122 --> 00:59:48,957
She didn't always win, but she made
damn sure she was taken seriously.
917
00:59:49,085 --> 00:59:52,005
She didn't help you. What are you going to do now?
918
00:59:52,046 --> 00:59:54,834
It's the right cause.
It's the right client.
919
00:59:55,466 --> 00:59:58,254
But women have been losing this
same argument for over a century.
920
00:59:59,553 --> 01:00:03,092
Well, just because you lost
100 years before you started
921
01:00:03,182 --> 01:00:04,764
is no reason
not to try to win.
922
01:00:07,561 --> 01:00:09,177
Jane, that was very wise.
923
01:00:10,898 --> 01:00:12,264
You know who said it first?
924
01:00:14,568 --> 01:00:15,729
Atticus Finch.
925
01:00:21,158 --> 01:00:22,158
Quick!
926
01:00:23,953 --> 01:00:25,694
Hey, looking good, ladies!
927
01:00:25,830 --> 01:00:27,366
Just ignore them.
928
01:00:27,748 --> 01:00:29,785
Hey, we'll keep you warm
if you're getting wet!
929
01:00:31,127 --> 01:00:32,584
Oh, yeah? Real nice!
930
01:00:33,170 --> 01:00:35,412
You kiss your mother
with that mouth, asshole?
931
01:00:35,506 --> 01:00:36,997
Whoa, whoa!
932
01:00:37,091 --> 01:00:39,128
Mom, you can't let boys
talk to you like that.
933
01:00:39,969 --> 01:00:41,085
Taxi!
934
01:00:47,101 --> 01:00:48,262
Mom, come on!
935
01:00:48,811 --> 01:00:49,927
You're getting soaked.
936
01:00:50,604 --> 01:00:51,720
Look at you, Jane.
937
01:00:52,773 --> 01:00:56,016
You're a liberated,
fearless young woman.
938
01:00:56,485 --> 01:00:58,805
Twenty years ago, you couldn't
have been who you are today.
939
01:00:59,488 --> 01:01:01,150
Dorothy Kenyon's wrong.
940
01:01:01,991 --> 01:01:04,074
The times have already changed.
941
01:01:04,160 --> 01:01:06,400
You coming or what?
- Yeah, yeah, we're coming.
942
01:01:09,081 --> 01:01:11,001
It's what
Professor Freund said at Harvard.
943
01:01:11,542 --> 01:01:14,455
"A court ought not be affected
by the weather of the day,
944
01:01:14,545 --> 01:01:16,377
"but will be by
the climate of the era. "
945
01:01:16,839 --> 01:01:19,377
Okay, so we're not going back
and re-fighting old cases?
946
01:01:19,466 --> 01:01:22,959
No, we're arguing that the
precedents should no longer apply.
947
01:01:23,220 --> 01:01:25,907
Right. But Ruth, Freund was talking
about Brown v. the Board of Education.
948
01:01:25,931 --> 01:01:27,342
That's a once
in a generation case.
949
01:01:27,433 --> 01:01:28,924
Yeah, and we're
the next generation.
950
01:01:39,320 --> 01:01:41,687
Equal protection
applies to all persons.
951
01:01:41,780 --> 01:01:44,648
A class in which men and women
share full membership.
952
01:01:44,742 --> 01:01:47,450
A divorced man counts
the same as a widower.
953
01:01:47,536 --> 01:01:49,869
You're saying that this guy
could have married his nurse,
954
01:01:49,955 --> 01:01:51,162
got divorced the next day,
955
01:01:51,248 --> 01:01:53,101
and then he'd be eligible
for the tax deduction?
956
01:01:53,125 --> 01:01:54,332
That's totally nuts.
957
01:01:54,627 --> 01:01:58,120
All right. Our client is a man.
We cannot lose sight of that,
958
01:01:58,214 --> 01:02:01,423
because men are also harmed
by the stereotype.
959
01:02:01,508 --> 01:02:04,000
That little boys are told
they can't be nurses.
960
01:02:04,094 --> 01:02:05,255
They can't be teachers.
961
01:02:05,346 --> 01:02:07,906
- They can't be secretaries.
- Or cook dinner for their families.
962
01:02:08,182 --> 01:02:10,048
Exactly. We're counting
on you, too.
963
01:02:10,142 --> 01:02:14,762
Wholly irrational distinction
between single sons and daughters.
964
01:02:16,315 --> 01:02:18,432
Any taxpayer
may have an invalid parent...
965
01:02:18,525 --> 01:02:20,587
...may have an ailing parent.
Even an unmarried man.
966
01:02:20,611 --> 01:02:23,024
...unalterable
biological traits of birth
967
01:02:23,113 --> 01:02:24,174
over which the
individual has no...
968
01:02:24,198 --> 01:02:25,759
The principle
of American democracy
969
01:02:25,783 --> 01:02:27,052
should apply to
men and women equally.
970
01:02:27,076 --> 01:02:30,820
...arbitrary and unequal treatment
described by the Constitution.
971
01:02:30,913 --> 01:02:33,633
The law shouldn't reward
or penalize taxpayers for their sex.
972
01:02:45,886 --> 01:02:50,677
Section 214 draws a line
solely on the basis of sex.
973
01:03:03,779 --> 01:03:06,692
Professor Ginsburg,
I finished typing the brief.
974
01:03:08,117 --> 01:03:09,904
You're a saint, Millicent.
975
01:03:11,787 --> 01:03:13,369
May I make
an observation?
976
01:03:14,415 --> 01:03:15,415
It's just...
977
01:03:16,208 --> 01:03:20,043
When I was typing it up,
jumping out all over the brief was...
978
01:03:20,879 --> 01:03:21,915
Well...
979
01:03:22,798 --> 01:03:23,834
"Sex. "
980
01:03:24,258 --> 01:03:27,217
- Sex, sex, sex, sex, sex, sex, sex.
- Oh!
981
01:03:27,636 --> 01:03:30,549
- Oh.
- It reeks of hormones and backseats.
982
01:03:30,639 --> 01:03:32,801
And you know how men are.
983
01:03:34,768 --> 01:03:36,680
Maybe you should try
a less distracting word.
984
01:03:37,521 --> 01:03:39,763
Maybe "gender. "
985
01:03:43,444 --> 01:03:45,686
- You realize that means...
- That's no problem.
986
01:03:46,280 --> 01:03:47,737
I'm happy to type it again.
987
01:03:48,699 --> 01:03:49,735
Thanks.
988
01:03:50,951 --> 01:03:52,533
Guessing doesn't
do us any good.
989
01:03:52,619 --> 01:03:55,099
I need to know how many people were
turned away from the polls.
990
01:03:55,164 --> 01:03:57,004
Yeah, the affiliate still
hasn't sent the list.
991
01:03:57,666 --> 01:04:01,205
Then call Brian Tanner.
Remind him that we're on the same team.
992
01:04:01,295 --> 01:04:02,772
Tell him if he doesn't
start acting like it,
993
01:04:02,796 --> 01:04:05,436
I'm gonna fly to Wisconsin and
personally rip his throat out myself.
994
01:04:07,051 --> 01:04:10,840
Melvin. Didn't your mother ever
teach you to clean your room?
995
01:04:13,390 --> 01:04:14,426
Miss Kenyon.
996
01:04:16,185 --> 01:04:18,142
Time for your annual
dusting off already?
997
01:04:20,522 --> 01:04:24,232
In 1776, Abigail Adams
wrote her husband a letter.
998
01:04:25,027 --> 01:04:27,861
"As you write this new
constitution," she said,
999
01:04:28,405 --> 01:04:29,612
"remember the ladies. "
1000
01:04:30,115 --> 01:04:32,027
You know what that bastard
went ahead and did?
1001
01:04:32,117 --> 01:04:33,153
Well, I can guess.
1002
01:04:41,377 --> 01:04:43,835
Idaho Statesman.
You need a hobby.
1003
01:04:44,671 --> 01:04:48,585
These poor people.
Sally and Cecil Reed. Divorced.
1004
01:04:49,093 --> 01:04:50,800
Their son committed suicide.
1005
01:04:50,886 --> 01:04:53,048
Both parents want to
administer his estate.
1006
01:04:53,764 --> 01:04:55,255
In Idaho, the law says
1007
01:04:55,349 --> 01:04:59,263
in this situation males must be
preferred to females.
1008
01:04:59,728 --> 01:05:02,846
Why? 'Cause men
are better at math.
1009
01:05:03,774 --> 01:05:05,766
And the Idaho Supreme Court
1010
01:05:05,859 --> 01:05:08,192
just said that
is perfectly legal.
1011
01:05:08,278 --> 01:05:11,396
Dorothy, I got student
protesters in jail in California.
1012
01:05:11,490 --> 01:05:13,927
I got schools in Mississippi
that still refuse to desegregate. I...
1013
01:05:13,951 --> 01:05:15,032
You're a sissy.
1014
01:05:15,411 --> 01:05:18,700
The Board threatened to can you because
you stood up for draft dodgers.
1015
01:05:18,789 --> 01:05:20,767
And you've had your tail
between your legs ever since.
1016
01:05:20,791 --> 01:05:21,872
That is not...
1017
01:05:23,168 --> 01:05:25,581
We don't have the resources
to take this on.
1018
01:05:25,671 --> 01:05:27,958
I've seen you stand up
to the might of government
1019
01:05:28,048 --> 01:05:30,882
with sling and stone
for what you know to be right.
1020
01:05:30,968 --> 01:05:32,584
And kid,
I loved you for it.
1021
01:05:33,303 --> 01:05:34,885
They're not gonna
fire you, Mel.
1022
01:05:35,264 --> 01:05:36,784
The Board's a bunch
of tired old fools.
1023
01:05:36,849 --> 01:05:38,465
They don't have
the nerve to do it.
1024
01:05:39,601 --> 01:05:41,593
I should know.
I'm one of 'em.
1025
01:05:45,983 --> 01:05:48,066
John Adams forgot the ladies.
1026
01:05:49,278 --> 01:05:52,021
And it's time the ACLU
got back in the fight.
1027
01:05:55,325 --> 01:05:57,112
- Okay.
- Good.
1028
01:05:57,202 --> 01:05:58,568
Now, here's where you start.
1029
01:05:58,996 --> 01:06:00,953
It's a case headed
to the Tenth Circuit.
1030
01:06:01,039 --> 01:06:02,405
It's a professor
out of Rutgers.
1031
01:06:03,000 --> 01:06:04,161
Smart cookie.
1032
01:06:07,045 --> 01:06:08,581
Ruth.
1033
01:06:09,381 --> 01:06:11,839
But nowhere does
the Constitution say
1034
01:06:11,925 --> 01:06:14,759
the federal government
must treat people equally.
1035
01:06:16,138 --> 01:06:18,926
What do the courts say
about that, Mrs. Parker?
1036
01:06:19,850 --> 01:06:22,308
That the due process
clause implies
1037
01:06:22,394 --> 01:06:25,011
that equal protection applies to
the federal government as well.
1038
01:06:25,355 --> 01:06:27,938
Can you cite the case?
Bolling v. Sharpe.
1039
01:06:29,276 --> 01:06:30,983
347 U.S. 497.
1040
01:06:31,653 --> 01:06:35,021
Decided in conjunction
with Brown v. Board of Education, 1954.
1041
01:06:35,491 --> 01:06:38,108
Bolling desegregated
all Washington, D.C.'s public schools.
1042
01:06:38,619 --> 01:06:41,077
Chief Justice Warren,
writing for the court.
1043
01:06:43,665 --> 01:06:45,201
How about it, teach?
Do I get an A?
1044
01:06:49,129 --> 01:06:51,746
Well played, sending that
newspaper and the brief to Kenyon.
1045
01:06:53,592 --> 01:06:55,083
I thought she might
have advice.
1046
01:06:56,345 --> 01:06:58,428
Cut the shit. Don't ever
do that to me again.
1047
01:06:58,514 --> 01:06:59,714
What do you think
of the brief?
1048
01:07:01,683 --> 01:07:04,926
It's a compelling argument.
Brilliantly reasoned.
1049
01:07:05,103 --> 01:07:07,220
More women than
ever are working now. And why not?
1050
01:07:07,314 --> 01:07:09,852
We have preschools.
We have washing machines.
1051
01:07:09,942 --> 01:07:11,942
- Cheap contraceptives.
- Yeah, times have changed.
1052
01:07:12,528 --> 01:07:13,985
There's a glaring
problem, though.
1053
01:07:15,113 --> 01:07:17,355
In the unlikely event that
you actually win this thing,
1054
01:07:18,033 --> 01:07:19,240
what's the remedy?
1055
01:07:19,952 --> 01:07:22,444
The court takes away the caregiver
deduction for everybody,
1056
01:07:22,538 --> 01:07:23,904
including working mothers?
1057
01:07:23,997 --> 01:07:26,159
- Then you've done more harm than good.
- No.
1058
01:07:26,250 --> 01:07:27,957
Do you remember
Justice Harlan's opinion
1059
01:07:28,043 --> 01:07:30,285
last June in
Welsh v. United States?
1060
01:07:31,421 --> 01:07:32,421
Yeah.
1061
01:07:33,423 --> 01:07:35,068
He said laws could be
extended when doing so
1062
01:07:35,092 --> 01:07:37,737
would be closer to the legislature's
intent than overturning would be.
1063
01:07:37,761 --> 01:07:39,673
We're adding
one more section to the brief,
1064
01:07:40,430 --> 01:07:42,467
urging the court
to extend the law
1065
01:07:43,100 --> 01:07:45,717
to include Charlie
as well as everyone else.
1066
01:07:48,188 --> 01:07:49,269
All right.
1067
01:07:50,732 --> 01:07:53,224
The ACLU is prepared to
put their name on your brief.
1068
01:07:54,695 --> 01:07:56,778
- We appreciate your support.
- Stop.
1069
01:07:57,281 --> 01:07:59,842
I still say I'd rather be a woman
in this country than a black man,
1070
01:07:59,866 --> 01:08:03,109
or a Socialist
or a religious minority.
1071
01:08:04,788 --> 01:08:07,496
Now, let's talk about you
taking on Reed v. Reed.
1072
01:08:07,583 --> 01:08:08,915
Oh, stop. No.
1073
01:08:09,418 --> 01:08:12,286
All men in Idaho
are better at math?
1074
01:08:12,379 --> 01:08:14,792
Ruth, I gave you one case.
That's all you get.
1075
01:08:14,881 --> 01:08:18,045
The Moritz argument works just
as well for a female client.
1076
01:08:19,094 --> 01:08:21,381
And Reed's a state
Supreme Court case
1077
01:08:21,471 --> 01:08:24,464
which means the U.S. Supreme
Court must hear the appeal.
1078
01:08:24,558 --> 01:08:26,891
I told you, I don't want
another 50-year battle.
1079
01:08:28,186 --> 01:08:30,178
Call Sally Reed's lawyer, Mel.
1080
01:08:30,272 --> 01:08:32,764
If I were you, I would
worry about my own case.
1081
01:08:33,066 --> 01:08:36,087
And I expect to see your remedy arguments
before they go to the Tenth Circuit.
1082
01:08:36,111 --> 01:08:38,569
And I want to be there when you
practice your oral arguments.
1083
01:08:39,740 --> 01:08:40,981
We're doing a moot court.
1084
01:08:42,200 --> 01:08:44,613
No. It's non-negotiable.
1085
01:08:46,163 --> 01:08:47,199
When?
1086
01:08:48,040 --> 01:08:49,960
As soon as we get the
government's response brief.
1087
01:08:52,169 --> 01:08:54,089
Where did these
people go to law school?
1088
01:08:55,672 --> 01:08:58,460
You can't make a constitutional
challenge to the tax laws, can you?
1089
01:08:58,925 --> 01:09:01,042
And who's ever heard of
gender discrimination?
1090
01:09:01,136 --> 01:09:02,136
It's a stretch.
1091
01:09:02,220 --> 01:09:04,340
These folks are running at
hell with a bucket of water.
1092
01:09:04,431 --> 01:09:06,013
Case law's filled
with challenges
1093
01:09:06,099 --> 01:09:07,260
that could not be made
1094
01:09:07,976 --> 01:09:09,183
till they were.
1095
01:09:09,978 --> 01:09:12,140
I'm putting Murphy
on writing our response brief.
1096
01:09:12,230 --> 01:09:15,268
- With due respect, Mr. Brown...
- It's not personal, Bozarth.
1097
01:09:15,359 --> 01:09:18,443
But if we're not careful,
this appeal could cast
1098
01:09:19,029 --> 01:09:21,863
a cloud of unconstitutionality
over every federal law
1099
01:09:21,948 --> 01:09:23,860
that differentiates
between men and women.
1100
01:09:24,910 --> 01:09:27,448
I need someone more
seasoned on this.
1101
01:09:29,039 --> 01:09:30,879
Could you get me
the Solicitor General, please?
1102
01:09:31,124 --> 01:09:33,241
I pulled the file.
I deserve the chance.
1103
01:09:33,502 --> 01:09:34,913
Murphy's a weak sister.
1104
01:09:35,629 --> 01:09:37,586
I know how to win
this case, sir.
1105
01:09:38,423 --> 01:09:40,005
Better than Murphy.
Better than anyone.
1106
01:09:41,218 --> 01:09:42,754
You need me on this appeal.
1107
01:09:43,470 --> 01:09:44,631
This is Brown.
1108
01:09:46,264 --> 01:09:47,380
I need to see him.
1109
01:09:51,019 --> 01:09:52,976
Okay. Tell me.
1110
01:09:54,022 --> 01:09:56,264
Gender equality
is a civil right?
1111
01:09:56,358 --> 01:09:59,146
When everyone's aggrieved
and everyone's a victim.
1112
01:09:59,236 --> 01:10:00,693
It's what the ACLU does.
1113
01:10:00,779 --> 01:10:04,113
Divide the country into smaller
and smaller subgroups.
1114
01:10:04,241 --> 01:10:07,154
Ginsburg. Cancer, right?
Mmm-hmm.
1115
01:10:07,244 --> 01:10:10,032
- And the wife, very demanding.
- But smart.
1116
01:10:11,206 --> 01:10:12,367
Ten years.
1117
01:10:13,083 --> 01:10:16,326
Ten years I fought to enroll
women at Harvard Law.
1118
01:10:17,796 --> 01:10:20,789
The faculty, the university,
my wife warned me against it.
1119
01:10:21,133 --> 01:10:24,217
Now I'm Solicitor General,
it comes back to haunt me.
1120
01:10:24,636 --> 01:10:26,798
Erwin, we could settle.
1121
01:10:27,514 --> 01:10:29,847
Martin Ginsburg was
one of my best students.
1122
01:10:29,933 --> 01:10:31,049
A practical young man.
1123
01:10:31,143 --> 01:10:34,181
We can call him and tell him
we'll give the man his money.
1124
01:10:34,271 --> 01:10:35,352
Go our separate ways.
1125
01:10:35,439 --> 01:10:36,850
No. No.
1126
01:10:37,399 --> 01:10:39,391
We settle now,
it's open season.
1127
01:10:39,943 --> 01:10:43,983
Let's put this idea of gender discrimination
to bed once and for all.
1128
01:10:44,740 --> 01:10:46,356
They handed us
a winnable case.
1129
01:10:46,700 --> 01:10:47,816
And we'll win it.
1130
01:10:49,703 --> 01:10:50,864
You think he's up to it?
1131
01:10:51,496 --> 01:10:53,658
Oh, Mr. Bozarth
is a fine litigator.
1132
01:10:53,749 --> 01:10:56,457
- Tell him your idea.
- We list the laws.
1133
01:10:57,502 --> 01:10:59,243
- What laws?
- All of 'em.
1134
01:11:01,173 --> 01:11:03,460
Every federal law that treats
men and women differently.
1135
01:11:03,550 --> 01:11:04,666
We show the court exactly
1136
01:11:04,760 --> 01:11:06,680
what can of worms these
folks are trying to open.
1137
01:11:06,762 --> 01:11:07,798
Son...
1138
01:11:07,888 --> 01:11:12,508
The last anyone checked,
the U.S. Code was 20,000 pages long.
1139
01:11:12,601 --> 01:11:15,685
- Who's gonna read it? You?
- I can get it done, sir.
1140
01:11:16,772 --> 01:11:18,104
I just need an introduction.
1141
01:11:19,483 --> 01:11:21,600
- To whom?
- The Secretary of Defense.
1142
01:11:46,176 --> 01:11:48,776
These computers will
find what we're looking for?
1143
01:11:48,804 --> 01:11:50,796
Yes, sir.
In just a few days.
1144
01:11:51,223 --> 01:11:54,842
Without any human beings
actually reading the laws.
1145
01:11:58,688 --> 01:12:00,475
What a horrifying age.
1146
01:12:03,985 --> 01:12:05,192
Ruth Bader Ginsburg?
1147
01:12:06,279 --> 01:12:07,895
Delivery from
the Department of Justice.
1148
01:12:08,740 --> 01:12:09,821
Oh.
1149
01:12:09,908 --> 01:12:11,774
Could someone
pass me Title 33?
1150
01:12:12,536 --> 01:12:13,536
Get this.
1151
01:12:13,620 --> 01:12:17,614
There's a law that we're not allowed
to fly military cargo planes.
1152
01:12:18,333 --> 01:12:20,620
It says here that we're not
allowed to work in mines.
1153
01:12:20,710 --> 01:12:22,042
Why would you want to?
1154
01:12:22,128 --> 01:12:24,165
Well, that's not the point.
We should be allowed.
1155
01:12:25,382 --> 01:12:27,294
You really think
you can change all those laws?
1156
01:12:27,551 --> 01:12:30,589
Kiki! Curtain's up in 45 minutes.
- That's the plan.
1157
01:12:30,804 --> 01:12:33,604
Might be a novel experience to get
there before it starts for a change.
1158
01:12:34,182 --> 01:12:37,516
Please tell me that
you are dressed.
1159
01:12:38,311 --> 01:12:41,349
- Hi. What are you doing?
- The government's brief came.
1160
01:12:42,691 --> 01:12:45,308
And look who else is on it.
1161
01:12:48,738 --> 01:12:51,606
I knew Griswold was trying
to get Brown over to the DOJ.
1162
01:12:52,325 --> 01:12:53,611
It looks like that worked.
1163
01:12:53,785 --> 01:12:56,027
- How's it look?
- Check out Appendix E.
1164
01:12:57,330 --> 01:13:00,289
It's every federal law
that discriminates on the basis of sex.
1165
01:13:00,375 --> 01:13:03,209
We're looking them all up.
There must be hundreds.
1166
01:13:05,505 --> 01:13:06,962
Good God!
1167
01:13:07,048 --> 01:13:08,129
Hmm.
1168
01:13:08,550 --> 01:13:11,088
You're convinced
Daugherty will see it our way?
1169
01:13:12,137 --> 01:13:15,130
Well, based on reading
all of his opinions, yes.
1170
01:13:15,223 --> 01:13:16,509
And so will Holloway.
1171
01:13:18,310 --> 01:13:21,303
But the final judge, Doyle...
1172
01:13:22,647 --> 01:13:24,559
Well, he's gonna be
a tougher nut to crack.
1173
01:13:24,649 --> 01:13:25,810
That's unacceptable.
1174
01:13:25,901 --> 01:13:28,985
We need a unanimous decision
out of the Tenth Circuit, James.
1175
01:13:29,070 --> 01:13:31,733
We don't want so-called
gender discrimination
1176
01:13:31,823 --> 01:13:33,564
finding its way
to the Supreme Court.
1177
01:13:33,658 --> 01:13:35,069
Yes, sir.
I understand that.
1178
01:13:35,160 --> 01:13:36,992
What makes this judge
so difficult?
1179
01:13:37,245 --> 01:13:39,658
Well, ma'am,
he's a civil rights crusader.
1180
01:13:40,165 --> 01:13:44,705
Two years ago, he ordered Denver to start
bussing black students to white schools.
1181
01:13:44,794 --> 01:13:48,458
There were protests, arson,
demands for him to quit the bench.
1182
01:13:48,548 --> 01:13:51,165
But even after someone
threw a bomb at his house,
1183
01:13:51,676 --> 01:13:52,883
Doyle wouldn't budge.
1184
01:13:52,969 --> 01:13:55,336
In that case,
he was enforcing the law.
1185
01:13:55,430 --> 01:13:58,218
The Ginsburgs are
asking him to make law.
1186
01:13:58,767 --> 01:14:00,679
We need to drive home
the difference.
1187
01:14:00,769 --> 01:14:04,854
Paint the judges a picture
of the America that will exist
1188
01:14:05,190 --> 01:14:06,726
if they rule the wrong way.
1189
01:14:06,816 --> 01:14:10,526
Children running home from
school to find no one's there.
1190
01:14:11,029 --> 01:14:12,486
Mommy's at the office
1191
01:14:12,572 --> 01:14:13,983
or on a factory floor.
1192
01:14:14,074 --> 01:14:17,909
A man and a woman vie for the same job,
she can work for less.
1193
01:14:18,912 --> 01:14:22,201
What is a man without a paycheck
to take care of his family?
1194
01:14:22,290 --> 01:14:23,935
What woman would want him?
1195
01:14:23,959 --> 01:14:27,123
Wages would go down.
Divorce rates would soar.
1196
01:14:27,212 --> 01:14:30,171
The very fabric of our society
would begin to unravel.
1197
01:14:30,256 --> 01:14:32,122
Exactly. The other side
wants this to be
1198
01:14:32,217 --> 01:14:35,005
about the equal
protection principle.
1199
01:14:35,095 --> 01:14:37,257
The judges are deciding
what kind of country,
1200
01:14:37,347 --> 01:14:38,838
what kind of society
1201
01:14:38,932 --> 01:14:41,265
they want their children and
grandchildren to grow up in.
1202
01:14:41,351 --> 01:14:44,059
You make sure the court sees
1203
01:14:44,145 --> 01:14:45,511
what's at stake
1204
01:14:45,605 --> 01:14:47,597
is the American family.
1205
01:14:49,109 --> 01:14:50,941
Whoa! Cool!
1206
01:14:54,656 --> 01:14:56,898
Mom, can I be on the jury?
1207
01:14:56,992 --> 01:14:59,405
No, there is no jury
in federal appeals court.
1208
01:14:59,494 --> 01:15:02,783
No witnesses, no evidence,
just you and the judges.
1209
01:15:04,457 --> 01:15:05,914
- Gerry!
- Hello.
1210
01:15:06,001 --> 01:15:07,492
- Hello.
- How are you?
1211
01:15:07,585 --> 01:15:09,497
- You remember Jane?
- Hi.
1212
01:15:09,587 --> 01:15:12,375
Jane, my old professor,
Gerald Gunther.
1213
01:15:12,465 --> 01:15:13,626
Come on in.
1214
01:15:14,718 --> 01:15:17,210
Look at you. All grown up!
1215
01:15:19,014 --> 01:15:21,256
- Hello, James.
- Hi.
1216
01:15:21,349 --> 01:15:23,136
What do you think
of our courtroom?
1217
01:15:23,476 --> 01:15:26,765
Ah, well, all that's missing
is Justice holding her scales.
1218
01:15:27,147 --> 01:15:30,811
So, who did Mel find
to be the third judge?
1219
01:15:30,900 --> 01:15:32,107
Pauli Murray.
1220
01:15:32,235 --> 01:15:34,714
- So he's not making it easy for you, huh?
- Who's Pauli Murray?
1221
01:15:34,738 --> 01:15:37,321
Thurgood Marshall himself
called Pauli's writings
1222
01:15:37,407 --> 01:15:39,364
the Bible of
the civil rights movement.
1223
01:15:39,451 --> 01:15:41,488
Gerry, I come
bearing your gavel.
1224
01:15:46,332 --> 01:15:49,325
Counsel for the appellant,
you may proceed.
1225
01:15:50,587 --> 01:15:51,873
Again.
1226
01:15:52,630 --> 01:15:53,630
Your Honors,
1227
01:15:53,715 --> 01:15:54,956
and may it please
the court.
1228
01:15:55,341 --> 01:15:57,879
Section 214
of the Tax Code
1229
01:15:57,969 --> 01:16:01,212
covers employed single women
who care for their dependents.
1230
01:16:01,306 --> 01:16:06,222
But excludes Charles Moritz,
a bachelor providing the same care.
1231
01:16:06,311 --> 01:16:09,645
My wife stays home
to raise our children.
1232
01:16:09,773 --> 01:16:12,140
- Are you saying she's oppressed?
- No, Judge.
1233
01:16:12,275 --> 01:16:14,983
- But as a man, you may not...
- No, no, no. Stop. Stop. Stop.
1234
01:16:15,070 --> 01:16:16,436
Never make it about the judge.
1235
01:16:16,613 --> 01:16:19,151
You don't think
the judge knows he's a man?
1236
01:16:19,240 --> 01:16:21,385
No. I don't want to put him
on the defensive about it, though.
1237
01:16:21,409 --> 01:16:23,321
In Brown, we put it out
there without apology.
1238
01:16:23,411 --> 01:16:24,947
This is wrong.
1239
01:16:25,038 --> 01:16:28,452
Yeah, no offense. But Ruth doesn't
exactly have Thurgood Marshall's, uh...
1240
01:16:30,668 --> 01:16:32,751
- Balls?
- Gravitas.
1241
01:16:33,088 --> 01:16:34,624
Should I...
Should I start again?
1242
01:16:34,714 --> 01:16:36,376
Unless you think you won
the case already.
1243
01:16:37,300 --> 01:16:39,070
Whenever you're ready.
1244
01:16:39,094 --> 01:16:40,694
Your Honors,
and may it please the court.
1245
01:16:40,762 --> 01:16:42,424
Section 214 of the Tax Code
1246
01:16:42,597 --> 01:16:45,180
covers employed single women
who care for their dependents.
1247
01:16:45,266 --> 01:16:49,681
But excludes Charles Moritz,
a bachelor providing the same care.
1248
01:16:49,979 --> 01:16:52,642
There is no rational basis...
1249
01:16:52,732 --> 01:16:54,189
Why is it not rational?
1250
01:16:54,484 --> 01:16:56,942
Men go out. Women stay home.
1251
01:16:57,028 --> 01:16:59,028
It's been the way of things
for thousands of years.
1252
01:16:59,072 --> 01:17:01,155
Historical justification
was also used
1253
01:17:01,241 --> 01:17:04,279
to legitimize
the separation of the races.
1254
01:17:04,369 --> 01:17:06,281
- Now, classification can be...
- Are you saying
1255
01:17:06,371 --> 01:17:08,033
race and gender
are the same?
1256
01:17:11,626 --> 01:17:16,246
Both are unalterable
biological traits.
1257
01:17:16,339 --> 01:17:20,583
This nation struggles to give
blacks fair representation throughout society.
1258
01:17:21,094 --> 01:17:24,963
And you're saying tha
if we decide in your client's favor,
1259
01:17:25,056 --> 01:17:28,174
we're committing ourselves
to moving towards half of our, I don't know,
1260
01:17:28,268 --> 01:17:31,887
firemen being women?
Half our nurses being men?
1261
01:17:31,980 --> 01:17:33,437
But why shouldn't men
be nurses?
1262
01:17:33,565 --> 01:17:36,273
- And if women want to fight fires...
- What about pilots?
1263
01:17:36,359 --> 01:17:37,691
Yeah, again, if women choose
1264
01:17:37,777 --> 01:17:39,234
- to take on these roles...
- Judges?
1265
01:17:39,320 --> 01:17:41,403
- Why not?
- CEOs? Generals?
1266
01:17:41,573 --> 01:17:43,384
What about garbage men?
You want to be a garbage man?
1267
01:17:43,408 --> 01:17:45,491
And if men
want to be teachers
1268
01:17:45,577 --> 01:17:46,971
- or raise children...
- Oh, come on.
1269
01:17:46,995 --> 01:17:48,281
Percentages aren't the point.
1270
01:17:48,371 --> 01:17:49,515
- Wrong.
- People should be able to
1271
01:17:49,539 --> 01:17:50,850
- pursue their passions.
- Wrong! Wrong!
1272
01:17:50,874 --> 01:17:51,955
You're screwing
it up, Ruth!
1273
01:17:52,041 --> 01:17:53,407
Have you read the appendix
1274
01:17:53,501 --> 01:17:55,104
- attached to their brief?
- You're making the wrong case!
1275
01:17:55,128 --> 01:17:58,292
These are laws written by men
who think we are privileged
1276
01:17:58,381 --> 01:18:01,624
to be excused from men's obligations,
but it is not a privilege.
1277
01:18:01,718 --> 01:18:04,836
It is a cage and these laws
are the bars!
1278
01:18:12,145 --> 01:18:13,556
So that's it?
1279
01:18:14,689 --> 01:18:16,976
You're gonna take them all on
at the same time?
1280
01:18:22,739 --> 01:18:24,025
You asked the questions.
1281
01:18:24,115 --> 01:18:26,435
Well, it doesn't mean you have
to fucking answer them, Ruth.
1282
01:18:27,202 --> 01:18:29,239
You're making the
government's case for them!
1283
01:18:29,329 --> 01:18:32,697
Look, you either make this case
about one man, or you lose!
1284
01:18:33,374 --> 01:18:35,769
Because to the judges, you're not
talking about women in the abstract.
1285
01:18:35,793 --> 01:18:38,786
You're talking about
their wives at home,
1286
01:18:38,880 --> 01:18:40,542
you know, baking briskets.
1287
01:18:40,632 --> 01:18:42,624
You braise a brisket.
You don't bake it.
1288
01:18:43,801 --> 01:18:45,838
- Perhaps that's enough, Mel.
- No!
1289
01:18:46,262 --> 01:18:48,049
I don't think it is, Gerry.
1290
01:18:50,058 --> 01:18:51,924
Look, when you were a kid,
1291
01:18:52,018 --> 01:18:54,510
you were pretty
and you were smart as a whip,
1292
01:18:54,604 --> 01:18:56,804
but you're coming across
as this bitter, unlikable shrew
1293
01:18:56,856 --> 01:18:57,976
that I don't even recognize.
1294
01:18:58,066 --> 01:19:00,649
And if that's who shows up
in Denver, you will blow it.
1295
01:19:01,027 --> 01:19:03,144
And would it kill you
to smile?
1296
01:19:04,447 --> 01:19:06,029
That's your advice?
1297
01:19:07,158 --> 01:19:10,026
Just ignore the judges
and smile.
1298
01:19:11,412 --> 01:19:13,199
Pât�'s the best
I've ever tasted.
1299
01:19:16,251 --> 01:19:17,617
You could evade.
1300
01:19:17,710 --> 01:19:19,372
Should women
be firefighters?
1301
01:19:19,462 --> 01:19:21,357
"With all due respect,
Your Honor, I haven't considered it
1302
01:19:21,381 --> 01:19:23,418
"because my client
isn't a firefighter. "
1303
01:19:23,633 --> 01:19:25,169
Or you can redirect.
1304
01:19:25,260 --> 01:19:28,344
"With respect, Judge, this case
is not about firefighters.
1305
01:19:28,429 --> 01:19:29,510
"It's about taxpayers
1306
01:19:29,597 --> 01:19:32,840
"and there's nothing inherently masculine
about paying taxes. "
1307
01:19:33,226 --> 01:19:34,387
Crack a joke.
1308
01:19:34,477 --> 01:19:36,264
"Your Honor, anyone
who's raised a child
1309
01:19:36,354 --> 01:19:37,634
"couldn't possibly
be intimidated
1310
01:19:37,689 --> 01:19:38,930
"by a burning building. "
1311
01:19:39,065 --> 01:19:41,145
And then bring them back to your case.
1312
01:19:41,192 --> 01:19:42,979
Marty, you should do
the oral arguments.
1313
01:19:44,279 --> 01:19:46,862
No, no, no.
Ruth is the expert on gender law.
1314
01:19:46,948 --> 01:19:48,735
At least half this case
is tax.
1315
01:19:48,825 --> 01:19:51,533
The most important thing
is that Charles Moritz wins.
1316
01:19:51,619 --> 01:19:53,576
I said no, Mel. Drop it.
1317
01:19:57,250 --> 01:19:58,582
They could split the time.
1318
01:19:59,085 --> 01:20:01,919
Martin goes first,
focuses the argument on tax.
1319
01:20:02,005 --> 01:20:04,588
Then Ruth steps in,
talks about gender.
1320
01:20:10,388 --> 01:20:11,948
Pauli, here you go.
- Thank you.
1321
01:20:12,432 --> 01:20:14,048
- Gerry, this is yours.
- Mel. Mel.
1322
01:20:14,726 --> 01:20:16,217
There is no aspect of law
1323
01:20:16,311 --> 01:20:18,394
at which Ruth Ginsburg
can be bested.
1324
01:20:18,479 --> 01:20:20,311
I don't know
how things work at the ACLU,
1325
01:20:20,398 --> 01:20:22,793
but if anyone at my firm couldn't see that,
they would be fired.
1326
01:20:22,817 --> 01:20:25,355
Objection noted, Counselor.
She's still arguing half.
1327
01:20:25,570 --> 01:20:26,686
- This is her...
- Listen,
1328
01:20:26,779 --> 01:20:28,215
she's written
a revolutionary argument,
1329
01:20:28,239 --> 01:20:30,777
but brief writing
is an academic's job. Okay?
1330
01:20:31,492 --> 01:20:35,076
Oral arguments require a lawyer
who can command a judge's respect.
1331
01:20:35,163 --> 01:20:37,155
A real appellate lawyer.
1332
01:20:38,458 --> 01:20:39,949
What a team
you're gonna be.
1333
01:20:40,043 --> 01:20:41,579
It was a good experience.
1334
01:20:41,794 --> 01:20:43,660
I think that was
a very productive exercise.
1335
01:20:43,755 --> 01:20:44,962
I have to go to a fundraiser.
1336
01:20:45,048 --> 01:20:46,859
Pauli, Gerry, you want to split
a cab downtown?
1337
01:20:46,883 --> 01:20:48,499
Sure.
Sure.
1338
01:20:51,512 --> 01:20:52,512
Good team.
1339
01:20:52,597 --> 01:20:54,283
Good to see you, Gerry.
Thank you for coming.
1340
01:20:54,307 --> 01:20:56,515
- Bye-bye. Good seeing you.
- Great to see you.
1341
01:21:02,857 --> 01:21:04,018
Bye.
1342
01:21:13,159 --> 01:21:15,492
You have such
a light touch. It...
1343
01:21:16,329 --> 01:21:18,446
It's just effortless
for you, isn't it?
1344
01:21:19,415 --> 01:21:21,623
Mel was goading you.
1345
01:21:21,918 --> 01:21:23,598
He was trying
to make you feel overwhelmed.
1346
01:21:23,669 --> 01:21:26,377
Of course he was.
He's a relentless prick.
1347
01:21:27,090 --> 01:21:28,984
But it doesn't change the fact
that I'm not ready.
1348
01:21:29,008 --> 01:21:30,903
It's not your fault.
You've never done this before.
1349
01:21:30,927 --> 01:21:33,590
Is that what I'm supposed
to tell Charlie when I blow it in court?
1350
01:21:38,476 --> 01:21:41,594
Do you want Theories
in Public Taxation with you in Denver?
1351
01:21:41,687 --> 01:21:44,100
Who needs a tax reference when you have Marty?
1352
01:21:45,316 --> 01:21:48,024
Did you pack the, uh,
Kirk v. Commissioner brief?
1353
01:21:48,111 --> 01:21:49,352
Yes.
1354
01:21:49,904 --> 01:21:51,270
Rutgers Law.
1355
01:21:52,073 --> 01:21:53,439
It's Mel Wulf for you.
1356
01:21:55,118 --> 01:21:56,654
Just tell him I'm not here.
1357
01:21:57,161 --> 01:21:58,493
I'm sorry, Mr...
1358
01:21:59,622 --> 01:22:01,158
He says it's urgent.
1359
01:22:10,383 --> 01:22:12,215
- Yeah...
- What was so important?
1360
01:22:12,927 --> 01:22:14,884
I'm excited to work with you.
1361
01:22:15,346 --> 01:22:16,346
Yeah.
1362
01:22:16,431 --> 01:22:17,763
I understand.
1363
01:22:18,391 --> 01:22:19,632
She just walked in.
1364
01:22:20,977 --> 01:22:22,138
And to you too.
1365
01:22:23,479 --> 01:22:24,640
Okay.
1366
01:22:24,981 --> 01:22:26,722
Ruth Ginsburg.
Allen Derr.
1367
01:22:26,816 --> 01:22:28,023
How do you do?
1368
01:22:28,860 --> 01:22:30,963
The Supreme Court just announced
they're gonna hear Reed v. Reed
1369
01:22:30,987 --> 01:22:33,070
on appeal from
the Idaho Supreme Court.
1370
01:22:33,739 --> 01:22:35,321
That's fantastic.
1371
01:22:35,408 --> 01:22:37,650
Mrs. Reed is very excited
for the opportunity.
1372
01:22:37,743 --> 01:22:39,575
Allen is
Sally Reed's lawyer.
1373
01:22:40,413 --> 01:22:43,247
So, is the ACLU gonna help?
1374
01:22:43,332 --> 01:22:45,212
You told me it was
the right thing to do, right?
1375
01:22:45,293 --> 01:22:48,081
Mel says that no one knows this
area of the law better than you.
1376
01:22:48,171 --> 01:22:49,628
You're our
secret weapon, Ruth.
1377
01:22:49,881 --> 01:22:50,917
So...
1378
01:22:51,966 --> 01:22:55,209
You want me
in the Supreme Court?
1379
01:22:56,679 --> 01:22:57,886
I, uh...
1380
01:22:58,306 --> 01:22:59,306
Uh...
1381
01:22:59,849 --> 01:23:02,592
I told Allen you'd be eager
to help him write his brief.
1382
01:23:07,273 --> 01:23:08,514
Oh.
1383
01:23:09,108 --> 01:23:10,586
Well, you'd basically take
the Moritz brief
1384
01:23:10,610 --> 01:23:12,567
and swap around the pronouns.
Isn't that right?
1385
01:23:12,653 --> 01:23:14,610
It's a little more
involved than that.
1386
01:23:14,697 --> 01:23:15,938
Joking.
1387
01:23:16,032 --> 01:23:17,819
All right, let's start
right away.
1388
01:23:18,326 --> 01:23:21,285
Allen, uh, enjoy the city.
You should catch a show while you're here.
1389
01:23:21,370 --> 01:23:23,532
Ah, well, thank you.
Yeah.
1390
01:23:23,706 --> 01:23:24,787
Yeah.
1391
01:23:25,833 --> 01:23:28,325
Oh, uh, Kiki and I
have some stuff to discuss.
1392
01:23:29,962 --> 01:23:32,204
Yes, of course,
I'll get out of your way.
1393
01:23:32,423 --> 01:23:35,086
It was a pleasure meeting you,
Ruth or Kiki.
1394
01:23:35,176 --> 01:23:36,176
Uh...
1395
01:23:36,260 --> 01:23:37,421
Mel.
1396
01:23:37,929 --> 01:23:39,136
Oh! Oh.
1397
01:23:39,722 --> 01:23:42,510
- Ah. Don't forget that.
- Mustn't forget that, yeah.
1398
01:23:44,602 --> 01:23:45,763
What a schmuck.
1399
01:23:45,853 --> 01:23:49,062
- Let me argue Reed in court.
- Oh, give me a break.
1400
01:23:49,148 --> 01:23:51,515
I am no less experienced
than Allen Derr in federal court.
1401
01:23:51,651 --> 01:23:53,629
- You have zero experience.
- If you're gonna use my argument...
1402
01:23:53,653 --> 01:23:55,453
He's been Sally Reed's lawyer
for three years.
1403
01:23:55,530 --> 01:23:56,530
She trusts him.
1404
01:23:56,864 --> 01:23:58,424
She wouldn't even
let me argue the case.
1405
01:23:58,491 --> 01:24:01,011
Now, listen to me for a second.
We have someone else to discuss.
1406
01:24:01,369 --> 01:24:03,110
Ernie Brown called
this morning.
1407
01:24:03,538 --> 01:24:05,182
In light of Reed going
to the Supreme Court,
1408
01:24:05,206 --> 01:24:07,566
the government wants to settle
the Moritz case for a dollar.
1409
01:24:08,334 --> 01:24:11,668
Reed ups the profile of our case.
They're getting nervous.
1410
01:24:11,879 --> 01:24:14,371
I told them you'd be in D.C.
on Monday to sign the paperwork.
1411
01:24:17,343 --> 01:24:18,754
Why would you say that?
1412
01:24:19,178 --> 01:24:21,886
- Charlie won't want to settle.
- No, convince him.
1413
01:24:22,765 --> 01:24:24,427
I will not.
1414
01:24:24,850 --> 01:24:27,558
First you took half the argument
away from me...
1415
01:24:27,645 --> 01:24:30,479
Nobody took anything
away from you, Ruth.
1416
01:24:30,565 --> 01:24:32,584
You weren't robbed
in the middle of the night. All right?
1417
01:24:32,608 --> 01:24:34,920
I was giving you this opportunity
for the good of the cause.
1418
01:24:34,944 --> 01:24:36,901
- You gave this to me?
- In fact, I did.
1419
01:24:37,029 --> 01:24:39,316
- And get your emotions in check.
- You first.
1420
01:24:41,617 --> 01:24:44,109
Allen is going to be arguing
in the Supreme Court
1421
01:24:44,203 --> 01:24:45,614
that times have changed.
1422
01:24:46,330 --> 01:24:48,743
We can't afford the Tenth Circuit
saying that they haven't.
1423
01:24:48,833 --> 01:24:50,825
Nothing would strengthen
the argument more
1424
01:24:50,918 --> 01:24:53,001
than the appeals court
deciding for Charlie.
1425
01:24:53,087 --> 01:24:55,023
Yes, that would be very nice,
but here in the real world,
1426
01:24:55,047 --> 01:24:56,900
- with working lawyers...
- You think I can't be persuasive?
1427
01:24:56,924 --> 01:24:59,444
Oh, I've never been more certain
about anything in my life, Ruth.
1428
01:25:00,386 --> 01:25:02,002
You don't get to tell me
when to quit.
1429
01:25:02,096 --> 01:25:03,837
You couldn't even make it
through moot court
1430
01:25:03,931 --> 01:25:05,422
without embarrassing yourself.
1431
01:25:06,642 --> 01:25:08,679
You will lose, Ruth.
1432
01:25:08,769 --> 01:25:11,512
And when you do, you will set the
women's movement back 10 years.
1433
01:25:11,606 --> 01:25:14,269
More! We are dodging
a bullet here.
1434
01:25:15,401 --> 01:25:17,313
Are you the only one
that can't see that?
1435
01:25:29,582 --> 01:25:31,582
These are Allen's briefs
from the previous appeals.
1436
01:25:32,084 --> 01:25:34,292
Tie them into the framework
of the Moritz brief.
1437
01:25:34,879 --> 01:25:36,370
I'll review it
when you're done.
1438
01:25:39,592 --> 01:25:41,709
It's a Supreme Court brief.
1439
01:25:43,638 --> 01:25:46,221
I can assign it to someone else
if that's what you'd prefer.
1440
01:26:01,280 --> 01:26:03,397
Oh, and... And Ruth, uh,
1441
01:26:03,491 --> 01:26:05,153
sooner you call Charlie,
the better.
1442
01:26:17,421 --> 01:26:18,753
I had this idea.
1443
01:26:19,382 --> 01:26:20,498
What's that?
1444
01:26:21,175 --> 01:26:22,632
Well, it doesn't matter now.
1445
01:26:23,469 --> 01:26:24,505
Tell me.
1446
01:26:26,764 --> 01:26:29,552
We could have taken Appendix E
from the government's brief,
1447
01:26:29,642 --> 01:26:33,261
that entire
comprehensive list of laws
1448
01:26:33,813 --> 01:26:38,353
that differentiates between the sexes,
and... and turn it into our own hit list.
1449
01:26:39,068 --> 01:26:41,856
We could have started
a special project at the ACLU
1450
01:26:41,946 --> 01:26:45,360
to go after those laws one by one
in the legislature, in the courts,
1451
01:26:45,449 --> 01:26:49,159
until women and men were
genuinely equal under the law.
1452
01:26:51,914 --> 01:26:54,702
And I've been running around
claiming things have changed.
1453
01:27:39,211 --> 01:27:40,793
Daddy told me
about the case.
1454
01:27:44,467 --> 01:27:46,550
Why is Mel Wulf
being such a dick?
1455
01:27:50,389 --> 01:27:53,973
- He thinks I'm going to lose.
- No way, Jose. Not in my experience.
1456
01:28:02,401 --> 01:28:04,688
As Mr. Moritz's lawyer, I'm...
1457
01:28:06,363 --> 01:28:08,776
I'm ethically bound
to convey him the offer.
1458
01:28:12,953 --> 01:28:17,072
So, would you like help taking
apart your life's work or
1459
01:28:18,626 --> 01:28:20,663
is that something
you'd rather do by yourself?
1460
01:28:22,922 --> 01:28:24,083
I...
1461
01:28:24,799 --> 01:28:26,791
I know that this case...
1462
01:28:31,931 --> 01:28:34,548
That I disrupted
our lives and...
1463
01:28:38,312 --> 01:28:39,598
I'm sorry.
1464
01:28:40,064 --> 01:28:42,932
Sorry for what? For...
For doing your job?
1465
01:28:49,281 --> 01:28:50,442
Who's it for,
1466
01:28:52,409 --> 01:28:53,570
if not for me?
1467
01:28:59,041 --> 01:29:00,310
And they'll say it, right?
1468
01:29:00,334 --> 01:29:02,542
That I'm not a cheater,
that the law's unfair?
1469
01:29:02,628 --> 01:29:03,869
No, Charlie,
1470
01:29:04,004 --> 01:29:06,496
the government
won't say that on its own.
1471
01:29:06,590 --> 01:29:08,877
But if they don't say it,
how will I have won?
1472
01:29:11,136 --> 01:29:12,593
You... You haven't.
1473
01:29:14,348 --> 01:29:15,964
But you... you get the money.
1474
01:29:19,144 --> 01:29:20,851
What about everyone else?
1475
01:29:21,522 --> 01:29:23,138
When you came to see me,
1476
01:29:23,399 --> 01:29:25,982
- you said...
- Charlie, the settlement is only for you.
1477
01:29:27,027 --> 01:29:28,563
No one else can benefit.
1478
01:29:30,531 --> 01:29:31,817
But could we win?
1479
01:29:32,199 --> 01:29:34,486
Well, we could, and...
1480
01:29:35,870 --> 01:29:38,112
and the impact
would last generations.
1481
01:29:40,624 --> 01:29:42,786
But the ACLU feels
1482
01:29:43,294 --> 01:29:46,082
it's best
if you take the offer.
1483
01:29:48,340 --> 01:29:49,797
But you're my lawyer, Ruth.
1484
01:29:51,260 --> 01:29:52,626
What do you think?
1485
01:30:00,728 --> 01:30:01,844
Ah, Ruth!
1486
01:30:01,937 --> 01:30:03,803
- Professor Brown.
- Please, come in.
1487
01:30:07,192 --> 01:30:08,478
Dean Griswold.
1488
01:30:09,028 --> 01:30:10,439
Mrs. Ginsburg.
1489
01:30:11,822 --> 01:30:14,815
I'm pleased you found a use
for your Harvard education.
1490
01:30:15,618 --> 01:30:18,611
Actually, what I'm doing now,
I learned at Columbia.
1491
01:30:20,873 --> 01:30:24,742
Ah, Ruth was always my most
thoroughly prepared student.
1492
01:30:25,210 --> 01:30:26,746
So much to prove.
1493
01:30:28,005 --> 01:30:30,998
These days the girls
are as hopeless as the men.
1494
01:30:32,509 --> 01:30:33,920
How's little Jane?
1495
01:30:34,470 --> 01:30:37,588
Not so little. And we have
another, James.
1496
01:30:38,182 --> 01:30:40,765
- Mmm. I'm sure they keep you busy.
- Yes.
1497
01:30:41,894 --> 01:30:43,010
Both of us.
1498
01:30:44,980 --> 01:30:47,017
Ernie has
your paperwork ready.
1499
01:30:50,945 --> 01:30:53,858
My client was very excited
about your offer.
1500
01:30:54,073 --> 01:30:55,359
Good.
1501
01:30:55,699 --> 01:30:56,780
Good.
1502
01:30:56,867 --> 01:30:58,859
He did, however,
have some conditions.
1503
01:30:59,244 --> 01:31:00,485
Conditions?
1504
01:31:00,704 --> 01:31:02,240
What kind of conditions?
1505
01:31:02,790 --> 01:31:06,409
First of all, he'd like you
to forgive 100% of the money.
1506
01:31:06,502 --> 01:31:08,789
- None of this one dollar business.
- Yes, well...
1507
01:31:08,879 --> 01:31:10,711
I'm sure we can manage
to arrange that.
1508
01:31:11,048 --> 01:31:13,916
And he'd like the government
to concede that he did nothing wrong.
1509
01:31:15,719 --> 01:31:17,756
And enter
into the court record
1510
01:31:17,846 --> 01:31:19,963
that Section 214
of the Tax Code
1511
01:31:20,057 --> 01:31:23,596
discriminates on the basis of sex
and is therefore unconstitutional.
1512
01:31:25,479 --> 01:31:28,688
I can't agree to that.
And you know it.
1513
01:31:29,024 --> 01:31:30,731
Does Mel Wulf
know about this?
1514
01:31:34,655 --> 01:31:36,817
Mmm. Then we'll
see you in court.
1515
01:31:47,918 --> 01:31:49,204
Thank you, gentlemen.
1516
01:31:50,462 --> 01:31:51,703
It was a pleasure.
1517
01:32:01,598 --> 01:32:04,636
Your Honors,
and may it please the court.
1518
01:32:07,730 --> 01:32:10,598
Your Honors,
and may it please the court.
1519
01:32:10,816 --> 01:32:12,603
Your Honors, and may it...
1520
01:32:13,318 --> 01:32:15,150
Section 214
of the Tax Code...
1521
01:32:15,904 --> 01:32:18,191
Section 214 of the Tax Code...
1522
01:32:27,708 --> 01:32:31,452
Your Honors,
and may it please the court.
1523
01:32:58,947 --> 01:33:00,188
Good morning.
1524
01:33:07,164 --> 01:33:08,621
You're ready for this.
1525
01:33:08,999 --> 01:33:11,207
You've been ready for this
your whole life.
1526
01:33:11,376 --> 01:33:15,165
So go in there and let the judges see
the Ruth Ginsburg I know.
1527
01:33:21,762 --> 01:33:24,300
Professor Brown.
- Marty. Good to see you.
1528
01:34:07,516 --> 01:34:09,724
- Charlie.
- Good morning.
1529
01:34:10,394 --> 01:34:13,057
- You must be Jane.
- Nice to meet you, Mr. Moritz.
1530
01:34:17,276 --> 01:34:19,984
- Mr. Ginsburg.
- No. Uh, Mel Wulf.
1531
01:34:20,070 --> 01:34:21,561
ACLU.
That's me.
1532
01:34:21,655 --> 01:34:23,049
I'm Mr. Ginsburg.
Nice to meet you, Charles.
1533
01:34:23,073 --> 01:34:24,109
A pleasure.
1534
01:34:31,290 --> 01:34:33,623
Well, here we are.
1535
01:34:40,841 --> 01:34:42,207
All rise.
1536
01:34:43,802 --> 01:34:47,011
The United States Court of Appeals for
the Tenth Circuit is now in session.
1537
01:34:47,347 --> 01:34:50,010
Judges Doyle, Holloway
and Daugherty presiding.
1538
01:34:51,977 --> 01:34:53,017
Be seated.
1539
01:34:57,524 --> 01:34:59,891
You have a century
of case law on your side.
1540
01:34:59,985 --> 01:35:01,692
Just do your job.
1541
01:35:04,406 --> 01:35:08,525
The first case
is docket number 71-1127.
1542
01:35:08,619 --> 01:35:11,236
Charles Moritz v. Commissioner
of Internal Revenue.
1543
01:35:11,705 --> 01:35:13,947
Each side will have 30 minutes
to present.
1544
01:35:14,208 --> 01:35:16,621
When two minutes remain,
the court clerk will rise
1545
01:35:16,710 --> 01:35:17,710
to give warning.
1546
01:35:17,794 --> 01:35:19,911
When your time is up,
he will sit.
1547
01:35:20,839 --> 01:35:21,955
Counsel for the appellant.
1548
01:35:22,049 --> 01:35:24,382
Mr. Ginsburg, you may proceed.
1549
01:35:28,680 --> 01:35:31,468
Good morning, Your Honors,
and may it please the court.
1550
01:35:31,558 --> 01:35:33,971
Today we are going
to demonstrate that Section 214
1551
01:35:34,061 --> 01:35:36,644
of the U.S. Tax Code
unfairly discriminates
1552
01:35:36,730 --> 01:35:39,222
against our client,
Mr. Charles Moritz,
1553
01:35:39,316 --> 01:35:40,773
because he is a man.
1554
01:35:43,070 --> 01:35:46,063
Congress assumed that
a caregiver is most likely a woman.
1555
01:35:46,573 --> 01:35:48,064
Is that so unreasonable?
1556
01:35:48,951 --> 01:35:51,944
If the law says all caregivers
are entitled to a deduction,
1557
01:35:52,329 --> 01:35:54,742
and if the writers in the back
of their mind thought,
1558
01:35:54,831 --> 01:35:56,142
"Well, this will only
apply to women,"
1559
01:35:56,166 --> 01:35:57,446
then that would be
an assumption.
1560
01:35:57,626 --> 01:35:59,062
But they went
farther than that, Judge.
1561
01:35:59,086 --> 01:36:02,420
They explicitly list
who qualifies as a caregiver.
1562
01:36:02,506 --> 01:36:03,792
As is their prerogative.
1563
01:36:04,549 --> 01:36:07,007
Yes. But Judge, I doubt that you would
turn the same blind eye
1564
01:36:07,135 --> 01:36:09,969
- if it said only white caregivers.
- That's hardly the same thing.
1565
01:36:10,430 --> 01:36:12,467
Respectfully, we disagree.
1566
01:36:13,058 --> 01:36:14,535
I'm going to turn it over
to my co-counsel
1567
01:36:14,559 --> 01:36:15,954
who will discuss
the constitutional questions.
1568
01:36:15,978 --> 01:36:19,016
You're telling us that race
and gender are the same?
1569
01:36:22,484 --> 01:36:23,484
My co-counsel...
1570
01:36:23,568 --> 01:36:25,400
Yes, yes, we'll get to her
in a minute.
1571
01:36:25,487 --> 01:36:27,695
But I'd appreciate
an answer to my question.
1572
01:36:28,991 --> 01:36:30,573
In order for a law
to discriminate,
1573
01:36:30,659 --> 01:36:33,242
it must distinguish
between groups arbitrarily.
1574
01:36:33,328 --> 01:36:34,364
Is that correct?
1575
01:36:35,664 --> 01:36:37,496
- My co-counsel will...
- Mr. Ginsburg.
1576
01:36:37,916 --> 01:36:39,282
I have asked you.
1577
01:36:45,507 --> 01:36:47,499
It must be arbitrary, yes.
1578
01:36:47,718 --> 01:36:50,711
And in this case,
we believe the law is.
1579
01:36:50,887 --> 01:36:53,220
Mr. Moritz is a man
who never married.
1580
01:36:53,307 --> 01:36:56,471
That may make him less likely to
have childcare responsibilities,
1581
01:36:56,560 --> 01:36:59,177
but not parent care
responsibilities.
1582
01:36:59,271 --> 01:37:00,707
- And had he been a woman...
- And to your mind,
1583
01:37:00,731 --> 01:37:03,519
classifications of this kind
must always be discriminatory?
1584
01:37:03,608 --> 01:37:04,608
There's some help.
1585
01:37:04,693 --> 01:37:06,776
He's asking him to make
a broad categorical claim.
1586
01:37:06,862 --> 01:37:08,353
I can't speak
to always, Judge.
1587
01:37:08,447 --> 01:37:11,235
I can only speak
to this case and this man.
1588
01:37:13,285 --> 01:37:14,992
- Very well.
- Thank you.
1589
01:37:15,287 --> 01:37:16,619
Then speak of him.
1590
01:37:23,462 --> 01:37:26,955
Again, the only distinction
between our client Mr. Moritz
1591
01:37:27,049 --> 01:37:28,756
and any other caregiver,
1592
01:37:28,842 --> 01:37:31,630
in Judge Daugherty's words,
is arbitrary.
1593
01:37:32,804 --> 01:37:36,138
Thank you. And I cede the remainder
of my time to my co-counsel.
1594
01:38:03,377 --> 01:38:04,618
Your Honors...
1595
01:38:07,756 --> 01:38:09,713
Whenever you're ready,
Mrs. Ginsburg.
1596
01:38:13,095 --> 01:38:15,303
Your Honors,
and may it please the court.
1597
01:38:16,014 --> 01:38:21,351
Section 214 denies Mr. Moritz
a caregiver tax deduction
1598
01:38:21,436 --> 01:38:23,928
available to
similarly situated women...
1599
01:38:24,022 --> 01:38:27,015
Yes. Yes. We've been
through all that.
1600
01:38:27,109 --> 01:38:28,225
Uh,
1601
01:38:28,318 --> 01:38:30,776
Mrs. Ginsburg, you are aware
that the government has
1602
01:38:30,862 --> 01:38:33,024
three co-equal branches.
1603
01:38:36,827 --> 01:38:39,194
- Mrs. Ginsburg?
- Yes, of course, Your Honor.
1604
01:38:39,287 --> 01:38:42,871
And that it is
the Congress' role to write law.
1605
01:38:45,669 --> 01:38:48,082
Your Honor, I understand
how government works.
1606
01:38:50,048 --> 01:38:51,209
Take it easy, Ruth.
1607
01:38:53,677 --> 01:38:56,420
Well, uh, sometimes a law,
even a good law,
1608
01:38:56,513 --> 01:38:58,880
even a law that is legal
under the Constitution,
1609
01:38:58,974 --> 01:39:01,011
may not be good for every
individual it affects.
1610
01:39:01,101 --> 01:39:02,717
I have a question.
1611
01:39:03,395 --> 01:39:05,057
If I understand correctly,
1612
01:39:05,313 --> 01:39:06,313
you're concerned
1613
01:39:06,398 --> 01:39:08,230
about men and women
being pigeonholed
1614
01:39:08,316 --> 01:39:10,399
into certain roles
based on gender.
1615
01:39:10,485 --> 01:39:11,726
Yes, that's correct.
1616
01:39:12,362 --> 01:39:15,230
- Because...
- Excuse me. That wasn't my question.
1617
01:39:15,323 --> 01:39:18,487
It strikes me that the caregiver
deduction does the opposite.
1618
01:39:19,077 --> 01:39:22,036
It helps women be able
to work outside the home.
1619
01:39:22,622 --> 01:39:23,738
Isn't that a good thing?
1620
01:39:25,584 --> 01:39:27,871
But the law assumes
it must be the woman
1621
01:39:27,961 --> 01:39:29,918
who is supposed to be at home
in the first place.
1622
01:39:30,005 --> 01:39:32,668
Well, that is the case
in every family I know.
1623
01:39:32,757 --> 01:39:34,437
So, it's the assumption
that's the problem.
1624
01:39:34,468 --> 01:39:39,213
Then when can a law differentiate
on the basis of sex? Never?
1625
01:39:41,057 --> 01:39:44,175
When the classification
rationally relates to the law.
1626
01:39:45,103 --> 01:39:47,220
Keeping women out of combat,
for example.
1627
01:39:47,314 --> 01:39:49,397
I'm not sure whether
I agree with that example.
1628
01:39:49,483 --> 01:39:52,191
No. So, you think women belong
on the front lines now, too?
1629
01:39:52,277 --> 01:39:53,813
No, that's not what...
1630
01:39:54,988 --> 01:39:58,572
Gender, like race, is a biological,
unalterable trait.
1631
01:39:58,658 --> 01:40:02,117
There is nothing that women are inherently
better at than men, nor vice versa.
1632
01:40:02,871 --> 01:40:05,033
- Growing a beard.
- That's...
1633
01:40:05,123 --> 01:40:06,705
Lactation.
1634
01:40:06,791 --> 01:40:09,033
No thinking person
could possibly imagine that
1635
01:40:09,169 --> 01:40:12,583
Charles Moritz's gender relates to his ability...
1636
01:40:16,968 --> 01:40:18,925
Why can't we, Mrs. Ginsburg?
1637
01:40:19,471 --> 01:40:22,464
In most households, aren't women
the primary caregivers?
1638
01:40:23,058 --> 01:40:26,893
Aren't men the breadwinners?
Aren't they?
1639
01:40:33,527 --> 01:40:35,769
In most households,
yes, Your Honor.
1640
01:40:36,154 --> 01:40:38,020
Doesn't that reality suggest
1641
01:40:38,114 --> 01:40:40,731
that that's the natural
order of things?
1642
01:40:47,624 --> 01:40:49,616
Respectfully, Your Honors,
I'd like to reserve
1643
01:40:49,709 --> 01:40:51,541
the remainder of my time
for rebuttal.
1644
01:40:57,342 --> 01:41:00,005
Not sure I followed that.
How... How are we doing?
1645
01:41:05,225 --> 01:41:07,217
It's okay.
It's not over yet.
1646
01:41:21,992 --> 01:41:25,736
Mr. Bozarth,
for the appellee. You may proceed.
1647
01:41:25,829 --> 01:41:29,743
Don't let them forget what
this case is really about. You'll be fine.
1648
01:41:31,418 --> 01:41:34,877
Ah, Bozarth.
The, uh, master of citations.
1649
01:41:35,589 --> 01:41:37,817
That's what my family calls me too, Judge.
1650
01:41:41,136 --> 01:41:43,378
Your Honors,
and may it please the court.
1651
01:41:44,014 --> 01:41:48,133
Congress created this tax deduction
to help caregivers go out and work.
1652
01:41:49,185 --> 01:41:50,392
Caregivers.
1653
01:41:51,521 --> 01:41:54,480
Folks that, if they weren't
working, would stay home.
1654
01:41:56,234 --> 01:41:58,942
Now, are we meant
to believe that this man
1655
01:41:59,529 --> 01:42:04,115
would have the skill or even the
caregiver's instinct to do that?
1656
01:42:04,200 --> 01:42:05,720
Why can't we believe that?
1657
01:42:06,077 --> 01:42:09,616
Why does an unwed woman have that instinct,
but not an unwed man?
1658
01:42:09,706 --> 01:42:11,322
Or a widower,
for that matter?
1659
01:42:11,541 --> 01:42:12,810
Well, respectfully,
Judge Doyle,
1660
01:42:12,834 --> 01:42:16,453
a widower doesn't choose to be a caregiver.
It's thrust upon them.
1661
01:42:17,505 --> 01:42:21,624
And as for women,
it doesn't take a legal treatise to prove
1662
01:42:21,718 --> 01:42:25,302
what 100,000 years of human
history has made indelibly clear.
1663
01:42:26,723 --> 01:42:30,592
And Congress can write the tax
code to enforce this natural law?
1664
01:42:30,685 --> 01:42:32,722
Congress can write
whatever tax code it wants.
1665
01:42:33,855 --> 01:42:38,020
All I'm saying, Judge,
is that given the natural order of things,
1666
01:42:39,402 --> 01:42:43,362
this man, Mr. Moritz,
hasn't suffered as a result.
1667
01:42:43,448 --> 01:42:47,567
But the country will suffer if the
court doesn't find for the appellee.
1668
01:42:51,206 --> 01:42:53,267
Your Honors,
I am certain that there isn't a man among us
1669
01:42:53,291 --> 01:42:55,783
who wouldn't try
to ease his wife's burdens.
1670
01:42:55,960 --> 01:42:57,872
So I don't see
how we can judge negatively
1671
01:42:57,962 --> 01:42:59,762
the members of Congress
who would do the same.
1672
01:43:00,674 --> 01:43:02,210
And I'm not alone in that.
1673
01:43:02,425 --> 01:43:04,132
There is a long
and honorable tradition
1674
01:43:04,219 --> 01:43:06,632
in the courts of upholding
laws like this one.
1675
01:43:08,515 --> 01:43:12,179
I for one would rather see my government
err on the side of caring too much,
1676
01:43:13,978 --> 01:43:17,813
of trying too hard to help
the ladies of this country,
1677
01:43:18,608 --> 01:43:21,942
rather than to be indifferent
to their unique burdens.
1678
01:43:22,028 --> 01:43:23,769
Now, maybe
Mr. Moritz disagrees.
1679
01:43:25,448 --> 01:43:27,360
Or maybe he just
doesn't like paying taxes.
1680
01:43:29,661 --> 01:43:32,661
Personally, I don't believe that.
I believe that Charles Moritz is a victim.
1681
01:43:33,915 --> 01:43:37,829
Not of his government,
but of the lawyers
1682
01:43:37,919 --> 01:43:40,332
who have used his case
to achieve their own ends.
1683
01:43:41,798 --> 01:43:45,633
Radical social change.
1684
01:43:50,849 --> 01:43:53,307
We rest our case
on our briefs and argument,
1685
01:43:53,768 --> 01:43:58,138
and ask that the court uphold the
Tax Court's decision. Thank you.
1686
01:44:12,203 --> 01:44:16,538
Counsel for the appellant,
you have four minutes for rebuttal.
1687
01:44:27,552 --> 01:44:29,259
Counsel for the appellant.
1688
01:44:39,647 --> 01:44:40,728
Counselor.
1689
01:44:54,746 --> 01:44:58,490
"Radical social change. "
1690
01:45:06,174 --> 01:45:09,258
When I was in law school,
there was no women's bathroom.
1691
01:45:15,141 --> 01:45:17,349
It's amazing to me now
that we never complained.
1692
01:45:18,102 --> 01:45:19,183
Not because we were timid.
1693
01:45:19,270 --> 01:45:22,183
We were just astounded
to be in law school at all.
1694
01:45:23,733 --> 01:45:26,817
A hundred years ago,
Myra Bradwell wanted to be a lawyer.
1695
01:45:27,612 --> 01:45:30,821
She had fulfilled the requirements
for the Illinois Bar,
1696
01:45:31,241 --> 01:45:34,450
but she wasn't allowed to
practice because she was a woman.
1697
01:45:35,245 --> 01:45:38,955
An injustice she asked
the Supreme Court to correct.
1698
01:45:40,875 --> 01:45:43,413
Illinois was so confident
of victory,
1699
01:45:44,087 --> 01:45:47,125
they didn't even send a lawyer
to argue their side.
1700
01:45:48,299 --> 01:45:50,541
They were right. She lost.
1701
01:45:52,846 --> 01:45:56,510
That was the first time
someone went to court
1702
01:45:56,599 --> 01:46:00,764
to challenge his or her
prescribed gender role.
1703
01:46:01,688 --> 01:46:03,429
A hundred years ago.
1704
01:46:07,193 --> 01:46:11,187
Radical social change.
1705
01:46:15,326 --> 01:46:18,444
Sixty-five years ago,
when women in Oregon
1706
01:46:18,538 --> 01:46:21,497
wanted to work overtime and
make more money as men could,
1707
01:46:21,583 --> 01:46:24,872
the court looked to the precedent
in Bradwell and said no.
1708
01:46:26,337 --> 01:46:28,078
So then there were
two precedents.
1709
01:46:28,548 --> 01:46:31,882
Then three, then four,
and on and on,
1710
01:46:31,968 --> 01:46:36,383
and you can draw a direct line from
Myra Bradwell to Gwendolyn Hoyt,
1711
01:46:36,472 --> 01:46:41,058
told ten years ago she was not
entitled to a jury of her peers.
1712
01:46:43,229 --> 01:46:47,519
That is the legacy the government
asks you to uphold today.
1713
01:46:47,942 --> 01:46:52,437
You are being urged to protect
the culture and traditions
1714
01:46:52,530 --> 01:46:55,773
and morality of an America
that no longer exists.
1715
01:46:59,078 --> 01:47:03,573
A generation ago, my students would
have been arrested for indecency
1716
01:47:04,042 --> 01:47:06,082
for wearing the clothes that they do.
1717
01:47:06,711 --> 01:47:09,875
Sixty-five years ago,
it would have been unimaginable
1718
01:47:09,964 --> 01:47:12,081
that my daughter
would aspire to a career.
1719
01:47:14,928 --> 01:47:16,715
And a hundred years ago,
1720
01:47:18,264 --> 01:47:21,257
I would not have the right
to stand before you.
1721
01:47:31,945 --> 01:47:37,566
There are 178 laws that differentiate
on the basis of sex. Count them.
1722
01:47:37,659 --> 01:47:40,572
The government did the favor
of compiling them for you.
1723
01:47:41,079 --> 01:47:42,320
And while you're at it,
1724
01:47:43,957 --> 01:47:45,414
I urge you to read them.
1725
01:47:46,709 --> 01:47:49,998
They're obstacles
to our children's aspirations.
1726
01:47:50,088 --> 01:47:53,581
You're asking us to overturn
nearly a century of precedent.
1727
01:47:54,092 --> 01:47:56,129
I'm asking you
to set a new precedent,
1728
01:47:56,844 --> 01:47:59,757
as courts have done before
when the law is outdated.
1729
01:47:59,847 --> 01:48:02,806
But in those cases, the courts had
a clear constitutional handle.
1730
01:48:04,852 --> 01:48:10,849
The word "woman" does not appear
even once in the U.S. Constitution.
1731
01:48:12,402 --> 01:48:16,362
Nor does the word "freedom",
Your Honor.
1732
01:48:31,921 --> 01:48:35,540
Go on, Professor Ginsburg.
1733
01:48:42,056 --> 01:48:45,015
The principal purpose
of Section 214
1734
01:48:45,685 --> 01:48:47,301
is not to protect women,
1735
01:48:47,395 --> 01:48:49,057
nor to discriminate
against men.
1736
01:48:49,147 --> 01:48:50,558
It is to provide caregivers
1737
01:48:50,648 --> 01:48:53,607
the opportunity
to work outside the home.
1738
01:48:53,693 --> 01:48:56,982
Therefore, as the Supreme Court
did in Levy v. Louisiana,
1739
01:48:57,613 --> 01:48:59,445
this court should
fix the law
1740
01:48:59,532 --> 01:49:02,115
most in line
with the legislative intent.
1741
01:49:03,077 --> 01:49:05,194
Extend the deduction
to never-married men.
1742
01:49:06,539 --> 01:49:09,077
Help all caregivers equally.
1743
01:49:13,838 --> 01:49:17,206
Charles Moritz was well-raised
to be the sort of man
1744
01:49:17,300 --> 01:49:19,508
we should all hope
our sons will become.
1745
01:49:20,428 --> 01:49:23,842
Charlie deserves
our admiration.
1746
01:49:24,348 --> 01:49:26,214
Not only has he taken
on the burden
1747
01:49:26,434 --> 01:49:29,552
of caring for
his very strong-willed mother
1748
01:49:29,645 --> 01:49:31,853
when no one
would expect it of him,
1749
01:49:32,440 --> 01:49:36,275
but in doing so,
he has surpassed the limitations
1750
01:49:36,652 --> 01:49:41,147
the rest of us, and our laws,
seek to force upon him.
1751
01:49:42,575 --> 01:49:45,192
We're not asking you
to change the country.
1752
01:49:46,120 --> 01:49:49,238
That's already happened
without any court's permission.
1753
01:49:50,124 --> 01:49:54,459
We're asking you to protect
the right of the country to change.
1754
01:49:58,591 --> 01:50:01,800
Our sons and daughters
are barred by law
1755
01:50:02,428 --> 01:50:03,964
from opportunities
based on assumptions
1756
01:50:04,055 --> 01:50:05,387
about their abilities.
1757
01:50:05,473 --> 01:50:07,430
How will they ever
disprove these assumptions
1758
01:50:07,517 --> 01:50:11,477
if laws like Section 214
are allowed to stand?
1759
01:50:12,772 --> 01:50:16,061
We all must take
these laws on, one by one,
1760
01:50:16,150 --> 01:50:18,392
for as long as it takes,
for their sakes.
1761
01:50:20,363 --> 01:50:22,150
And you have the power
to set the precedent
1762
01:50:22,240 --> 01:50:23,947
that will get us started.
1763
01:50:25,618 --> 01:50:29,282
You can right this wrong.
1764
01:50:40,174 --> 01:50:43,087
We rest our case
on our briefs and argument
1765
01:50:43,177 --> 01:50:48,844
and ask that you reverse
the Tax Court's decision.
1766
01:51:12,999 --> 01:51:14,490
Kiki!
1767
01:51:14,584 --> 01:51:16,041
That was perfect.
1768
01:51:16,711 --> 01:51:17,771
That was perfect.
1769
01:51:17,795 --> 01:51:19,252
We don't even know who won.
1770
01:51:19,338 --> 01:51:21,455
Doesn't matter.
It was right.
1771
01:51:22,842 --> 01:51:24,925
This is just the beginning.
1772
01:51:26,262 --> 01:51:27,628
I'm going to go gloat.
1773
01:51:30,600 --> 01:51:32,842
- Martin. Thank you.
- Of course, Charles.
1774
01:51:32,935 --> 01:51:34,301
Jane.
1775
01:51:35,146 --> 01:51:36,512
Ruth, I...
1776
01:51:37,565 --> 01:51:38,772
I'll be in touch.
1777
01:51:54,582 --> 01:51:55,582
You did it.
1778
01:51:57,043 --> 01:51:58,909
We did it.
1779
01:52:02,924 --> 01:52:05,382
Oh, I say we celebrate.
1780
01:52:05,468 --> 01:52:08,131
We go pick up James
and get some pizza.
1781
01:52:20,441 --> 01:52:22,478
We'll hear arguments
next in number four,
1782
01:52:22,568 --> 01:52:23,684
Reed against Reed.
1783
01:52:23,778 --> 01:52:28,773
...next in 71-1694,
Frontiero against Laird.
1784
01:52:28,866 --> 01:52:30,903
Weinberger against Wiesenfeld.
1785
01:52:37,875 --> 01:52:39,411
Mrs. Ginsburg.
1786
01:52:39,502 --> 01:52:41,664
Mr. Chief Justice,
and may it please the court.
1787
01:52:41,754 --> 01:52:46,340
Amicus views this case
as kin to Reed v. Reed...
1788
01:52:46,425 --> 01:52:48,917
The sex criterion stigmatizes
1789
01:52:49,011 --> 01:52:51,879
when it is used to limit
hours of work for women only.
1790
01:52:51,973 --> 01:52:56,013
It assumes that all women are
preoccupied with home and children.
1791
01:52:56,102 --> 01:52:58,469
These distinctions
have a common effect.
1792
01:52:59,021 --> 01:53:01,934
They help keep woman
in her place,
1793
01:53:02,024 --> 01:53:04,732
a place inferior
to that occupied by men.
1794
01:53:04,819 --> 01:53:08,859
The law must stop using sex
as a shorthand for functions which...
1795
01:53:08,948 --> 01:53:11,406
The judgment enjoins
enforcement of the statute
1796
01:53:11,492 --> 01:53:15,076
insofar as it discriminates
on the basis of sex.
1797
01:53:15,162 --> 01:53:20,783
Laws of this quality help
to keep women not on a pedestal, but in a cage.
1798
01:53:20,876 --> 01:53:25,541
Sarah Grimk� said,
"I ask no favor for my sex.
1799
01:53:25,631 --> 01:53:27,497
"All I ask of our brethren
1800
01:53:27,967 --> 01:53:31,631
"is that they take their feet
off our necks. "
139762
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