All language subtitles for On the Basis

Anyone here?

My name is Erwin Griswold.

I am the dean
of this place.

Welcome to Harvard Law School.

Take a moment
to look around you.

In this room, there are Rhodes
and Fulbright scholars,

Phi Beta Kappa members,

student body presidents,

and a Harvard football
team captain.

Together,

you will become lawyers.

This is a privilege
you share.

It is also a responsibility
you accept.

Consider.

What does it mean
to be a Harvard man?

A Harvard man is intelligent,
of course,

but he is also tenacious.

He is a leader devoted
to the rule of law.

He is mindful of his country

loyal to tradition,

and he is respectful
and protective of our institutions.

...shall be computed as of subsection A
of this section applied...

Which one makes me
look more like a Harvard man?

I'm thrilled to report that you look
nothing like a Harvard man.

Seriously?
It's the dean's dinner, Marty.

You know how I am at these things.
I need to make a good impression.

And you will, Kiki. But you've got it wrong.
It's not the dress, it's you.

You haven't touched
your tuna casserole.

Come here, sweetie.

Come on. Here we go.

I've put onions in.
They help, right?

Definitely.

I don't like
either of these.

Okay. Where were we?

Thank you.

Ladies and gentlemen, please join us
in the dining room as dinner is served.

And professors,
please escort the ladies in.

May I?

He said, "Professor,
have you corrected our papers?"

And I said, "Correcting them
will take a lifetime.

"I'm merely grading them."

Esteemed colleagues, ladies,

this is only the sixth year
women have had

the privilege to earn
a Harvard law degree.

This little soiree
is our way of saying welcome.

My wife Harriet and I

are very glad all nine
of you have joined us.

Let us go around the table,

and each of you ladies report
who you are, where you're from

and why you're occupying a place at
Harvard that could have gone to a man.

Yeah.

Well...

Why don't you
get us started, dear?

I'm Hennie Callaghan.
Father's a lawyer back in Minneapolis.

He used to give me drafts of
contracts to use for drawing paper,

but at some point,
I got more interested

in reading them
than drawing on them.

In a few years, it's gonna be
Callaghan and Callaghan.

That was fine.

Next.

Emily Hicks. Hello.

Connecticut.

When I finished Mount Holyoke,
my mother wanted me to get married.

But I didn't wanna do that.

And I didn't wanna be
a teacher or a nurse.

- So...
- Ah!

That's not
a very good reason.

Next.

Oh.

- Watch it.
- Sorry.

Uh...

I'm Ruth Ginsburg
from Brooklyn.

And why are you here,
Miss Ginsburg?

Uh, Mrs. Ginsburg, actually.

My husband Marty
is in the second-year class.

I'm at Harvard to learn
more about his work,

so I can be a more patient
and understanding wife.

Come to dinner. The beans will be boiled,
the chicken will be stewed

and you will be grilled.

We came to Harvard
to be lawyers. Why else?

It's truly
an asinine question.

He's never gonna
take me seriously.

No, that's not true.
You're the smartest person here.

And you're gonna be
the most prepared.

So just stand up
and say what you know.

At a place like this,
that's all that matters.

In my experience, even small mistakes
are glaring when you stick out.

Well, then you're very lucky.

Because you

are very short.

Oh, yeah?

Yeah.

Well, why don't you come down
here and say that to my face?

Mrs. Ginsburg.

Hmm.

I am Professor Brown.
This is Introduction to Contracts.

Hawkins v. McGee.

State the case, please.

Mr. Pruitt.

Uh, good morning. I'm Donald Pruitt.
I'm really honored to be here.

Hawkins v. McGee.

Uh, yeah,
Hawkins v. McGee,

it's a fascinating breach
of contract case where...

Charles Hawkins hurt
his hand and McGee...

Can someone help him please?

Mr. Fitzpatrick.

It was Charles' son who hurt his hand.
Electrocution burn.

And at what point does the case turn,
Mr. Fitzpatrick?

McGee promised to fix the hand
by performing a skin graft.

But McGee wasn't very familiar
with the procedure

and the results weren't
quite what he planned.

Question already?
Mrs. Ginsburg.

Correction, Professor Brown.

McGee did not simply promise
to fix George Hawkins' hand,

he promised, quote,

"a 100% good hand."

That's the same thing.

Is it?

What say you, Mrs. Ginsburg?

It is not.

Words matter.

McGee grafted skin
from Hawkins' chest.

Not only did this fail
to fix the scarring,

he had chest hair
growing on his palm.

Proving that a hand
with a burn is worth two with a bush.

The court denied
Hawkins damages.

Hawkins did get damages.
The court said...

If I may finish?

Hawkins was denied damages
for pain and suffering.

The New Hampshire Supreme Court
ruled he was entitled to damages

only based on the contract
being fulfilled.

So if Dr. McGee had set
realistic expectations

instead of making
grand promises,

Hawkins' award
likely would have been less.

Was that an answer,
Mrs. Ginsburg, or a filibuster?

Hmm.

Movie.

Four words.

- Second word.
- Seven?

- Seven.
- Uh-oh.

Fourth word.

- Monkey.
- Oh, gorilla.

Monkey business! Ape!

- Monkey, monkey.
- Ape!

Monkey on my back?

Second word, "seven."

- Seven...
- Seven Brides for Seven Brothers?

- What does that have to do with monkeys?
- And...

- Oh, oh! The Seven Year Itch.
- Time!

Oh! Oh!

Ruthless Ruthy
strikes again.

Okay. Next round's
riding on you.

Don't worry,
he's very good.

Thank God, because she
actually broke up with someone

for being bad at Charades.

- You didn't really?
- It was a manifestation

of his being an idiot.

See?

Don't worry, I'm comfortable
being smarter than you.

Oh, thank you.

All right, everybody ready?

Uh, song.

- Buddy Holly?
- Bill Haley.

By Elvis.

Three words.

- First word.
- First word.

Uh...

- Uh, table.
- A glass?

A book.

- Reading!
- Uh, blue!

- Uh, Blueberry Hill.
- No, that's Fats Domino.

- Third word.
- Third word.

- Floor.
- Carpet.

- Dancing?
- Nice moves.

Oh, no sound effects.

Oh, Blue Suede Shoes!

Come on, Marty,
you're a lightweight.

Marty?

Marty?

- Help! Help!
- Is he all right?

Someone get some help!

The doctor's ready
to see you.

Excuse me.

Just a moment please.

- Excuse me, I just...
- Just a moment, I need to make a call.

Yes. Can we have
the results today?

Excuse me?

Doctor. You examined
my husband.

I'm wondering when you think
he'll be able to leave.

- I need to call the sitter...
- What's the patient's name?

Martin Ginsburg.

Right. Ginsburg.

Hmm.

Yeah, he's not
going home today.

- Excuse me?
- We have more tests to run.

What kind of tests?

Various kinds.
He's gonna be with us a while.

What tests?
I need to see him.

Go home, get some rest.
We'll know more in a few days.

Now, if you'll excuse me.

How is he?

Fine.

Call any time, okay?

Bye.

- Hi.
- Hi.

At least you got
a break from my cooking.

Afternoon.

- Hey, Doc.
- Dr. Leadbetter.

It's as we feared.

Marty, you're young,
and we caught it early.

We've pioneered
a new treatment here.

It entails numerous surgeries,
each followed by a course of radiation.

There's a chance you can go on
to a healthy, happy life.

As if none of this
had happened.

Well, what kind of a chance?

Dr. Leadbetter, we'd rather
know what we're facing.

Survival rate for testicular
cancer has been about 5%.

Thanks for the honesty.

I think.

I'll let you two talk.

We're never giving up.

You keep working.

Keep studying.

Jane will have her father.

You will be a lawyer.

I'm spending my life with you,
Martin Ginsburg.

Judicial consistency.

The doctrine of stare decisis
comes from English common law,

which also provides
the first examples

of circumstances where
precedence may be overturned.

Excuse me.

- Judges are bound...
- Thank you.

Excuse me.

May I help you?

Um...
I'm Martin Ginsburg's wife.

I'll be attending
his classes for him.

In addition to your own?

Yes, Professor Freund.

Judges are bound
by precedence,

but they cannot ignore
cultural change.

A court ought not be affected
by the weather of the day,

but will be by
the climate of the era.

Wait, wait, wait.
Say that last part again?

"A court ought not be affected
by the weather of the day,

"but will be by
the climate of the era."

You're sure he said that?

Of course.

Of course.

The law is never finished.

It is a work in progress,

and ever will be.

Brown v. the Board of Education,

parentheses, 1954,

was the most revolutionary

Supreme Court case

in the last century.

Representing Oliver Brown

et al.,

Thurgood Marshall...

- I'm not listening.
- ...educated the court...

Come on, Jane.

That's it, come on, sweetie.

Okay...

One, two, three...

Whoo!

- One, two, three...
- One, two, three...

Whoo!

Should we give
Daddy a rest?

Some day, this little angel's
gonna slam the door in our face

and tell us that
we're ruining her life.

I should've never
taken the job.

It's a great firm.

And New York is the center
of the legal universe.

You earned it.

You earned it.

I barely survived it.

I just don't wanna be away
from you and Jane.

You won't be.

I won't allow it.

I'll convince him.

- Say, "Good luck, Mommy."
- Good luck, Mommy.

You want
a Harvard law degree,

though you plan to finish
your coursework at Columbia?

You would do well,
Mrs. Ginsburg,

to remember how fortunate
you are to be here.

Dean Griswold,

between the first
and third year of law school,

which is the more substantive,
the more critical?

The first, of course.

Yet when someone transfers in
as a second year student

having taken those more important classes
elsewhere, he's allowed a degree.

- That's irrelevant.
- I've been here two years.

I'm first in my class.

There is no reason your
husband cannot provide for you

while you and the child
remain in Cambridge.

Last year, John Sumner was allowed to
finish his course work at Baltimore.

Three years ago,
Roy Paxton...

- Very different cases.
- How are they different?

Mrs. Ginsburg, you have no
compelling need to transfer.

Marty could relapse.

He beat the odds,

but the doctors say
it could happen at any time.

Dean Griswold,

this is my family.

Nonetheless,

we each have
our responsibilities,

and mine is to protect the
distinction of a Harvard law degree.

I can't force you to stay,

but I won't reward you
for leaving, either.

Jesus, Mary, and Joseph.

Graduating top of your class,
law review at Harvard

and Columbia.

I didn't even know
that was possible.

Thank you, Mr. Greene.

I've worked hard.

Well, you'd want some
white-shoe firm.

Big money cases,
complex legal maneuvers...

No, I think Bibler and Greene
is the perfect fit.

You handled the Mercer
bankruptcy last year...

Come on. How many
have you been to?

They all turned you down,
right? How many?

Like 10?

Twelve.

A woman, a mother
and a Jew to boot.

I'm surprised that many
let you through the door.

One sent me to interview
for the secretarial pool.

Another told me I'd be too busy
at bake sales to be effective.

One partner closes clients
in the locker room at his club,

so he said I'd be
out of the loop.

Last week, I was told women are
too emotional to be lawyers.

Then that same afternoon,

that a woman graduating top of
her class must be a real ball buster

and wouldn't make
a good colleague.

I was asked when
I'd have my next baby,

and whether I keep Shabbat.

One interviewer told me
I had a sterling résumé,

but they hired
a woman last year,

and what in the world would
they want with two of us?

You must be livid.

My mother taught me
not to give way to emotions.

Bullshit.

You're angry. Good. Use it.

I have to say, Mrs. Ginsburg,

I'm very impressed.

Mr. Greene,

I wanna be a lawyer.

I wanna represent clients
before the court

in pursuit of justice.

You can see, I...
I worked hard through school, I...

I did everything I was
supposed to and I excelled.

I swear it, I'll do
the same for you.

The fact is that,
you know, we're a...

A close-knit firm.

Almost like family,
and, uh...

But the wives,

they get jealous.

"The prince
would marry her

"whose foot would fit
the little slipper."

Kiki?

- "First, he tried it on the..."
- Kik? Kik!

- Where is everybody?
- "...princess."

Oh, hi.

Hello, sweet pea.
Come here.

How was your day, hmm?

I missed you.

Did you have a nice day?

Did you get the job?

You got the job.
That's wonderful!

Oh!

So they're gonna give you
a corner office

or you still gonna have to
jump through some hoops?

It's not at Bibler and Greene.

I wasn't what
they were looking for.

That's okay.

I told you one of the other firms
would come back. Which one was it?

Clyde Ferguson left
his professorship at Rutgers.

- Kiki.
- They haven't found another black man

to replace him,

so someone thought a woman
would be the next best thing.

- Good news.
- You can't quit.

There are more firms out there.
This is the biggest city

and the most litigious country
in the history of the planet.

- You can still...
- Marty, I got a job.

Just open the champagne.

Okay.

Okay.

Then let's celebrate.

Marriage of Figaro.

You know what I think?

I think this is good.

I think it's better.

You won't be beholden to any firm.

You won't have a partner
breathing down your neck.

And also, a professor is free to
represent any client she chooses.

As long as they don't mind a lawyer
who's never actually practiced law.

Well,

all I have to say is,

hooray for Mommy.

Cheers.

Hooray for Mommy.

Hooray for Mommy.

Hell no, we won't go!

Hell no, we won't go!

Hell no, we won't go!

Hell no, we won't go!

No!

And now they're telling us

there's gonna be
no prosecution.

- Are we gonna stand for that?
- No!

- Are we gonna die in Vietnam?
- No!

- No! Hell no, we won't go!
- Hell no, we won't go!

Hell no, we won't go!

Hell no, we won't go!

I'm Professor Ginsburg.

This is Sex Discrimination
and the Law.

Some of my colleagues
will tell you

that sex discrimination
doesn't exist.

That I may as well be teaching the
legal rights of gnomes and fairies.

We'll see if they're right.

Hoyt v. Florida.

State the facts
please, Miss...

Valentin.

Gwendolyn Hoyt was a housewife

and her husband
was this asshole.

Can you recall the specifics?

He cheated on her.
He choked her.

He'd rip off her clothes
and threaten to kill her.

So, in statutory terms,

he was a real asshole.

On the night in question,
Clarence told his wife

that he'd met another woman
and he was leaving her.

How did Hoyt respond,
Miss Burton?

She smashed in his skull
with a baseball bat.

Then called an ambulance
while he was dying.

The jury convicted Hoyt
for second-degree murder.

And that's where
our story begins.

A great civil rights lawyer

took up Hoyt's appeal.

Dorothy...

Kenyon.

On what grounds, Miss Roemer?

That Florida's juries
violated the U.S. Constitution

'cause there were
only men on them.

Kenyon said that
if there were women on it,

Hoyt may have been convicted of a
lesser crime, like manslaughter.

But that law
makes sense, though.

Women can't take care of their kids
if they're on some sequestered jury.

- Oh, is that so?
- What?

- Men are the mammoth hunters.
- Oh, my God.

You're never
getting laid again.

What about women
who don't have children?

Or they're out of the house?

Let the man stay home
and take care of his children.

Hey, don't take it out on me.
I'm not holding my fiancée back.

She's got two jobs.

Which she can be fired from
just for marrying you.

The law allows it.

There are laws that say
women can't work overtime.

And that a woman's
Social Security benefits,

unlike her husband's,

don't provide for
a family after death.

- What?
- Excuse me?

- That's bullshit.
- That's crazy.

Ten years ago,
Dorothy Kenyon asked a question.

"If the law differentiates
on the basis of sex,

"then how will women and men
ever become equals?"

And the Supreme Court
answered,

"They won't."

Hoyt lost her appeal.

The decision was unanimous.

Discrimination on
the basis of sex

is legal.

Here, stir that in.

Hmm. Daddy, that's not
how you do it.

Oh, really?

If you put the herbs in too early,
they lose all their punch.

Well, they're not supposed
to pummel each other, Jane,

they're supposed to complement
each other, and that is why it's called

- "marrying the flavors."
- We're home!

- Hi!
- Daddy!

Buddy!

- How was your day?
- Good.

- You have a good day at school?
- Uh-huh.

What'd you learn?
Anything exciting?

- Not really.
- Hi.

- Hi.
- Hi.

- Jane.
- Hey, Mom.

How's this year's class?

Oh, these kids
are so passionate.

To them it's about more than
precedents and dissents.

- They wanna forge a movement.
- That's great.

Mmm!
This is delicious.

- Don't act so surprised.
- Jane?

I got a call from
your school today.

Apparently,
I misdated a note

excusing you from classes
last week.

I- t's not a big deal.
- Oh, well, problem solved then, right?

You skipped school, it's...

It's the first week.
Is this what this year's gonna be like?

- And you lied to the school...
- I never lied.

No, forging a note
is lying, Jane.

You're smart enough
to know that.

Well, apparently
I'm not, Mom.

Don't forget we have
that party tonight. Not you.

- Jane!
- I apologized, okay?

I wanna know
where you were.

Denise and I went to a rally
to hear Gloria Steinem speak.

What?

Gloria Steinem.

She's a writer.
She just started her own magazine.

- She testified in the Senate...
- Yeah, I know who Gloria Steinem is.

What if you got hurt
or arrested?

Mom, it's a rally,
not a riot.

- Jane, these things can get out of hand.
- Okay, well, I'm 15 years old

and you don't need to control
every minute of my life.

Yes, I do. That is my job.
And your job is to go to school and learn.

Well, Gloria says we need to
unlearn the status quo.

Oh. So you're on
a first-name basis now?

You know what, Mom?

If you wanna sit around with your students
and talk about how shitty it is

- to be a girl...
- Hey! Language.

But don't pretend
it's a movement, okay?

It's not a movement
if everyone's just sitting.

- That's a support group.
- Jane. That's enough.

We should get going.

Yeah, go make yourself pretty
for Daddy's party.

- You know what? Go to your room.
- Fine.

No, no, it's well-known.

Tax is the only genuinely
funny area of the law.

And I think most of us just want
careers that have a little more, uh...

- ...impact.
- Hmm.

You know, young people in Sweden
these days aren't getting married?

Really?

- It's true. They're getting engaged.
- Hmm.

They're still
living together.

Still having kids,
raising a family,

but they're not getting married.
You know why?

They can
have sex without it.

It's because of taxes.

It's true. After the war,
Sweden passed a law

that said married couples will
now file joint income tax returns.

However, unlike
the United States,

they weren't given
any of the benefits from it.

So, married Swedes were finding
themselves in the uncomfortable position

of now being in
a higher tax bracket.

- Really?
- So they got divorced.

Of course, they were
still living together.

So the Swedish government
then passes a new law that says,

"All right. Married couples
who get divorced

"but continue to live together
for tax purposes

"will be considered
still married."

So they did what
anyone would do.

They add a second entrance
to their home

with a nice wall that goes
right down the middle

with doors for
easy access.

"All right, fine, " says the Swedish government, "new law.

"Once married, now divorced
couples living in a two-income household

"that is subdivided would, "
again, for tax purposes,

"be considered living together,
and therefore..."

Therefore, still married.

Now he's got it.
And this went on for decades.

All the while,
a whole generation of Swedes

simply skirted the issue by never
getting married in the first place.

Speaking of, have you all met
my lovely wife, Ruth?

The moral of his story is that in
their attempt to raise revenue,

the Swedish government
ruined all those young men's

best hope at happiness.

Exactly.

Because how a government
taxes its citizens

is a direct declaration
of a country's values.

So tell me, what could have
more impact than that?

You'd be wise
to listen, boys.

I swear to Christ,

Martin Ginsburg will be signing
all of our checks someday.

You're a smart girl, Ruthy,
you married a star.

Tom Maller's barely evolved.

He started walking
upright last week.

- You always do that.
- What?

- You act like it doesn't matter.
- No.

But all the little
brush-offs,

the dismissive pats on the head, it...
It matters, Marty.

Why? You know what you're doing is important.
So who cares?

Okay, fine. Next time my boss
gives me a clumsy compliment,

I'll challenge him to a duel.

Will that make you happy?

I wouldn't wanna hurt
your stellar reputation.

- Just tell me what you want.
- Nothing!

I want nothing.
I want you to go to work

and wow your
bosses and clients,

and be the youngest partner

- in the history of the firm.
- That's not fair.

- That's not fair and you know it.
- Then I want you to walk

me home, Marty, so I can sit in my corner
and write a lesson plan to inspire

- the next generation of students...
- No one's pushing you

- in the corner.
- ...to go forth and fight for equality.

I don't understand why you're acting
like that's such a bad thing.

You're out there training
the next generation of lawyers

to change the world.

Because that's what
I wanted to do!

Kiki. Kiki.

Page 21.

I don't read tax court cases.

Read this one.

The IRS denied a petitioner
a tax deduction

to hire a nurse to take care
of an invalid mother.

- Sounds like a real page turner.
- Hmm.

- Ask me why.
- Marty, I have a lecture to write.

Hmm. Okay.

It's because the petitioner
is a man.

Marty.

Section 214 of the Tax Code

assumes a caregiver
has to be a woman.

This is sex-based
discrimination against a man.

Poor guy.

If a federal court

ruled that this law

is unconstitutional,

then it could become
the precedent

others refer to
and build on.

Men and women both.

It could topple the whole damn
system of discrimination.

What?

Nothing.

I'm just thrilled at your newfound
enthusiasm for tax law.

Marty.

Oh.

And Marty,

we need to take this case.

Of course he says he's against
bombing Cambodia.

I wanna know,
where's the bill to defund it?

It's derogatory,
it's taunting, but it's speech.

Mel Wulf is expecting me.

He wants to get his hands on Nixon,
or he hopes the Viet Cong do?

Well, why?
What's the difference?

Five years in prison. Go.

Oh

I'm an acorn, short and round
Lying on the dusty ground

Everybody steps on me
That is why I'm cracked You see

I'm a nut, I'm a nut
I'm a nut

Come on.

I'm a nut, I'm a nut
I'm a nut

I'm a nut, I'm a nut
I'm a nut

Wow.

Oh, I'm a nut
But that's no sin

'Cause at Camp Che-Na-Wah
I fit right in

Ladies and gentlemen,

three-time Camp Che-Na-Wah
All-Around Camper, Ruth "Kiki" Bader.

Oh, and for all you
who think this job is hard,

I judged the 13-and-unders
with a color war trophy on the line.

Back to work.

Hey, Kiki.
What do you say?

Hi, Mel.

Sorry about that.

You said you had a case.

This is not a case.

This is the opening salvo on a 50-year
war for a new class of civil rights.

Yes! Exactly!

I can't do this.
It's beyond my mandate.

American Civil
Liberties Union?

Women's rights
are civil rights.

I'm still getting flak for
defending draft card burners.

And the right to protest
actually exists.

After you.

Here.

Lois, can I get a...

How's Marty?

He's fine.

Still protecting the rich against
the predations of the poor?

If we're gonna appeal,

the court needs to agree there's
a constitutional handle in here.

How did you even convince this
guy to let you represent him?

I... I'll take care of that.

- He doesn't know?
- Alone...

- Are you kidding me?
- Alone,

the judges may not
give Marty and I

- the benefit of the doubt.
- Oh.

But with your name
alongside ours on the brief...

Yeah.

Mel, you must see the opportunity
this case represents.

You think the judges
are gonna be sympathetic

just 'cause they
all have prostates?

Men and women all eat
at the same lunch counters,

they drink at the same water fountains,
they go to the same schools...

- Women can't attend Dartmouth.
- Men can't go to Smith.

Women police officers can't
patrol New York City streets.

We have to get...

We have to get credit cards
in our husband's names.

You're not a minority.

You're 51% of the population!

It's been tried.
Muller, Goesaert, uh...

What's the other one?
The one with the woman with the baseball bat.

- Gwendolyn Hoyt.
- Gwendolyn Hoyt, exactly.

- And morally, they were right.
- Yet they lost.

Ruth, morality
does not win the day.

Look around you.

Dorothy Kenyon
could not get women equality

by arguing a case with sex, murder
and prison time on the line.

You and Marty think you're gonna
do it with this guy and his taxes?

Operator.

I... I need a number.

Denver, Colorado.

Come on,
you're gonna miss your flight!

Now, you have to get James
from school while I'm in Denver.

Mom, I told you,

Denise and I are starting
our consciousness raising group.

Take James with you.

- You'll be all right?
- Yeah.

We'll survive somehow.

Bye. Bye.

Go kick ass.

Meter's running.

Bye, Mom.

- Bye.
- Bye, Mom.

Thank you.

- Mr. Moritz.
- Mrs. Ginsburg. You're early.

I can come back
in 10 minutes if you prefer.

No, you might...

Might as well come in now
and have your say.

Shoes off, please.

Just come on in.

Excuse me.

- You done, Mom?
- No. Not yet.

- I'm done, thank you.
- You want your crossword?

- Yeah, please.
- Okay.

Here you go.

- Mom...
- Uh-huh?

This is Mrs. Ginsburg.

She's the New York lawyer
I told you about.

Mrs. Moritz, hello.

I thought she would be bigger.

You can have a seat.

Here you go.

- Do you want your magnifier?
- Yeah, please.

Okay.
Here you go. All right?

- You want a drink?
- Uh-huh.

I see you were a drum major.
I was a twirler.

It was a thousand years ago.

- Mr. Moritz, about your case...
- I don't have a case.

Four lawyers told me so.

And that judge, Tietjens,

- he basically called me a tax cheat.
- Are you?

I never cheated
at anything in my life.

Tasmanian egg layer.

Eight letters.

Not now, Mom.

Tell me in your own words,
why did you hire a nurse?

If you've never cared
for an ailing parent...

I have.

Then you know.

Between the dressing
and the bathing and the toilet,

it's not a task for one person,
especially if you have a day job.

If it wasn't for Cleeta,
I'd have to put Mom in a home.

So you deducted Cleeta's
salary on your taxes.

The judge said
the tax code was clear.

Caretaker's deduction was
available to all women,

but only to men who had wives
who were incapacitated

or dead or were divorced.

- And you've never been married.
- No.

The men who wrote that law
couldn't even fathom that a bachelor

choosing to take care
of a parent at home might exist.

Tasmanian egg layer,
second letter "L."

- Mom, I'll help you in a little bit.
- How about "platypus"?

Ah!

I'm a salesman,
Mrs. Ginsburg.

And I know
when I'm being sold.

With due respect,

you have $296 at issue.
I'm not here for the money.

We'd represent your appeal
pro bono, if you'll let us.

So, the judge was wrong?

Mr. Moritz,
the law is wrong.

Thank you. I was hungry.

If it's not for the money,

why are you here?

The 14th Amendment to the
United States Constitution says

all people must be treated
equally under the law.

Yet there are I don't know
how many laws

like the caregiver deduction
that say in effect,

women stay home, men go to work,
and that it should stay that way forever.

I want to convince
the federal courts

that those laws
are unconstitutional.

How do you do that?

One case at a time,
starting with yours.

So I'm a guinea pig?

No, sir.

You're the man marching out
ahead of the band leading the way.

Just like that drum major
you used to be.

I've invested a lot of my own
reputation building up your career

and now you're
on track to be

the youngest partner
in the history of the firm.

And you want to risk that
for some cockamamie case?

Tom, I'm contractually obligated to ask
to take outside work, and I'm asking.

For God's sakes, you're
traipsing into this for what?

So your wife can feel
like a real lawyer?

She is a real lawyer, Tom.

You wanna support Ruth,
tell her the truth.

- Which is?
- The case is unwinnable.

Congress can write
whatever taxes it wants,

that's not open to
constitutional attack.

Yes, but maybe
you just say that

because no one's been able
to successfully do it before.

Oh, Marty.

Fine. Try it, but...

When you lose
and you embarrass our firm,

just be ready for your career
to come crashing back to earth.

Okay. Noted. Noted.
And thank you, Tom.

- Thank you. Thank you.
- Yeah, yeah, yeah.

No! Murder can never be condoned,
least of all by a lawyer.

It's called justice.

Yeah, what's just to you may not be
just to me or to someone else.

- You know what I'm talking about.
- Hello, family unit.

And would it kill you to admit that maybe
I actually did something right?

This is an A paper.

Yeah, of course it is.
You're a beautiful writer.

It just needs more work.

Please tell me you aren't going 15 rounds
over To Kill a Mockingbird.

Daddy, can you please tell Mom
that Atticus Finch can be a role model.

He covers up Bob Ewell's murder.
He is a terrible lawyer.

- Why? 'Cause you say so?
- No. Not me.

Canon one of
the American Bar Association's

Model Code of Responsibility.

What are you
talking about?

It's called legal ethics.

Well, you'd do exactly the same
thing if you actually had a heart.

I don't know where
she gets her stubbornness.

Can't imagine.

So, how was your day?

"History discloses that woman has
always been dependent upon man.

"Like children,
she needs special care.

"This justifies a difference
in legislation."

Muller v. Oregon.
The law of the land.

Or Bradwell v. Illinois.

"The destiny of a woman is the
benign offices of wife and mother.

"This is the law
of the Creator."

I'm writing this brief
and citing the same cases

with the exact same precedents
as everyone before us.

Marty, if this is what we go in with,
we're gonna lose.

Wait, wait, wait, wait.
Wait, wait, wait.

I got it. I got it.

At least she's not listening
to The Monkees.

I'm busy.

Come here.
Come here.

I'm fine.

I can be
as tough as she is.

She's a bully.

And she needs everyone
to know how smart she is.

Do you want Mom
to stop being smart?

I want her to stop rubbing it in
everyone's face all the time.

Grandma Celia died
when Mom was about your age.

But up until her dying breath,

they would read together,
debate ideas together.

And she taught your mom
to question everything.

She's not trying
to bully you, Jane.

She just doesn't want you
to feel small.

She wants to give you
what her mom taught her.

That's how she

shows her heart.

Hmm?

Is she okay?

She'll be fine.

This is stupid. You're the one who said
I'm supposed to be in school.

If you're gonna write about
great American lawyers,

you may as well meet one.

You ladies look lost.

Well, spit it out.

Miss Kenyon,
we're here to see you.

I tried to make
an appointment...

Well, here I am.
I don't have all day.

It's about Gwendolyn Hoyt.

In that case,
I've no interest

in talking to either
one of you.

I'm arguing a case.

Sex discrimination violates the
equal protection principle.

Equal protection was coined to
grant equality to the negro.

A task at which it has
dismally failed.

What makes you think
women would fare any better?

Please, if we could
just talk.

You wanna know
how I blew it. Is that it?

What I'd do differently?

Why? You think you can
change the country?

You should look
to her generation.

They're taking
to the streets.

Demanding change. Like we did
when we fought for the vote.

Our mistake was thinking
we had won.

We started asking please,

as if civil rights were sweets
to be handed out by judges.

Protests are important.

But changing the culture means
nothing if the law doesn't change.

As a lawyer, you must
believe that.

Let me guess.

You're a professor,
aren't you?

Yeah.

Ton of knowledge
and no smarts.

- Mom, we should go.
- You want advice?

Here it is.

Tell your client she won't
find equality in a courtroom.

My client's name
is Charles Moritz.

That's cute.

He hired a nurse to
take care of his mother, but

he was denied a caregiver
deduction on his taxes.

He's never been married.

You found a bachelor taking
care of his mother at home.

The judges will be
repulsed by him.

Feeling anything is a start.

What did you say
your name was?

Ruth Bader Ginsburg.

Well, sorry,
Professor Ginsburg.

Maybe someday.

But the country isn't ready.

Change minds first,

then change the law.

If you'll excuse me, the mayor has
decided to rename the neighborhood.

So now a developer is kicking
30 families out of a building

he abandoned 10 years ago.

SoHo. Who ever heard
of such a ridiculous thing.

I know she's your personal hero
and all, but she's kind of a bitch.

No, she's formidable.

Dorothy Kenyon has been
fighting for women's rights

and civil rights and labor rights
her entire career.

She didn't always win, but she made
damn sure she was taken seriously.

She didn't help you. What are you going to do now?

It's the right cause.
It's the right client.

But women have been losing this
same argument for over a century.

Well, just because you lost
100 years before you started

is no reason
not to try to win.

Jane, that was very wise.

You know who said it first?

Atticus Finch.

Quick!

Hey, looking good, ladies!

Just ignore them.

Hey, we'll keep you warm
if you're getting wet!

Oh, yeah? Real nice!

You kiss your mother
with that mouth, asshole?

Whoa, whoa!

Mom, you can't let boys
talk to you like that.

Taxi!

Mom, come on!

You're getting soaked.

Look at you, Jane.

You're a liberated,
fearless young woman.

Twenty years ago, you couldn't
have been who you are today.

Dorothy Kenyon's wrong.

The times have already changed.

- You coming or what?
- Yeah, yeah, we're coming.

It's what
Professor Freund said at Harvard.

"A court ought not be affected
by the weather of the day,

"but will be by
the climate of the era."

Okay, so we're not going back
and re-fighting old cases?

No, we're arguing that the
precedents should no longer apply.

Right. But Ruth, Freund was talking
about Brown v. the Board of Education.

That's a once
in a generation case.

Yeah, and we're
the next generation.

Equal protection
applies to all persons.

A class in which men and women
share full membership.

A divorced man counts
the same as a widower.

You're saying that this guy
could have married his nurse,

got divorced the next day,

and then he'd be eligible
for the tax deduction?

That's totally nuts.

All right. Our client is a man.
We cannot lose sight of that,

because men are also harmed
by the stereotype.

That little boys are told
they can't be nurses.

They can't be teachers.

- They can't be secretaries.
- Or cook dinner for their families.

Exactly. We're counting
on you, too.

Wholly irrational distinction
between single sons and daughters.

Any taxpayer
may have an invalid parent...

...may have an ailing parent.
Even an unmarried man.

...unalterable
biological traits of birth

over which the
individual has no...

The principle
of American democracy

should apply to
men and women equally.

...arbitrary and unequal treatment
described by the Constitution.

The law shouldn't reward
or penalize taxpayers for their sex.

Section 214 draws a line
solely on the basis of sex.

Professor Ginsburg,
I finished typing the brief.

You're a saint, Millicent.

May I make
an observation?

It's just...

When I was typing it up,
jumping out all over the brief was...

Well...

"Sex."

- Sex, sex, sex, sex, sex, sex, sex.
- Oh!

- Oh.
- It reeks of hormones and backseats.

And you know how men are.

Maybe you should try
a less distracting word.

Maybe "gender."

- You realize that means...
- That's no problem.

I'm happy to type it again.

Thanks.

Guessing doesn't
do us any good.

I need to know how many people were
turned away from the polls.

Yeah, the affiliate still
hasn't sent the list.

Then call Brian Tanner.
Remind him that we're on the same team.

Tell him if he doesn't
start acting like it,

I'm gonna fly to Wisconsin and
personally rip his throat out myself.

Melvin. Didn't your mother ever
teach you to clean your room?

Miss Kenyon.

Time for your annual
dusting off already?

In 1776, Abigail Adams
wrote her husband a letter.

"As you write this new
constitution, " she said,

"remember the ladies."

You know what that bastard
went ahead and did?

Well, I can guess.

Idaho Statesman.
You need a hobby.

These poor people.
Sally and Cecil Reed. Divorced.

Their son committed suicide.

Both parents want to
administer his estate.

In Idaho, the law says

in this situation males must be
preferred to females.

Why? 'Cause men
are better at math.

And the Idaho Supreme Court

just said that
is perfectly legal.

Dorothy, I got student
protesters in jail in California.

I got schools in Mississippi
that still refuse to desegregate. I...

You're a sissy.

The Board threatened to can you because
you stood up for draft dodgers.

And you've had your tail
between your legs ever since.

That is not...

We don't have the resources
to take this on.

I've seen you stand up
to the might of government

with sling and stone
for what you know to be right.

And kid,
I loved you for it.

They're not gonna
fire you, Mel.

The Board's a bunch
of tired old fools.

They don't have
the nerve to do it.

I should know.
I'm one of 'em.

John Adams forgot the ladies.

And it's time the ACLU
got back in the fight.

- Okay.
- Good.

Now, here's where you start.

It's a case headed
to the Tenth Circuit.

It's a professor
out of Rutgers.

Smart cookie.

Ruth.

But nowhere does
the Constitution say

the federal government
must treat people equally.

What do the courts say
about that, Mrs. Parker?

That the due process
clause implies

that equal protection applies to
the federal government as well.

- Can you cite the case?
- Bolling v. Sharpe.

347 U.S. 497.

Decided in conjunction
with Brown v. Board of Education, 1954.

Bolling desegregated
all Washington, D.C.'s public schools.

Chief Justice Warren,
writing for the court.

How about it, teach?
Do I get an A?

Well played, sending that
newspaper and the brief to Kenyon.

I thought she might
have advice.

Cut the shit. Don't ever
do that to me again.

What do you think
of the brief?

It's a compelling argument.
Brilliantly reasoned.

More women than
ever are working now. And why not?

We have preschools.
We have washing machines.

- Cheap contraceptives.
- Yeah, times have changed.

There's a glaring
problem, though.

In the unlikely event that
you actually win this thing,

what's the remedy?

The court takes away the caregiver
deduction for everybody,

including working mothers?

- Then you've done more harm than good.
- No.

Do you remember
Justice Harlan's opinion

last June in
Welsh v. United States?

Yeah.

He said laws could be
extended when doing so

would be closer to the legislature's
intent than overturning would be.

We're adding
one more section to the brief,

urging the court
to extend the law

to include Charlie
as well as everyone else.

All right.

The ACLU is prepared to
put their name on your brief.

- We appreciate your support.
- Stop.

I still say I'd rather be a woman
in this country than a black man,

or a Socialist
or a religious minority.

Now, let's talk about you
taking on Reed v. Reed.

Oh, stop. No.

All men in Idaho
are better at math?

Ruth, I gave you one case.
That's all you get.

The Moritz argument works just
as well for a female client.

And Reed's a state
Supreme Court case

which means the U.S. Supreme
Court must hear the appeal.

I told you, I don't want
another 50-year battle.

Call Sally Reed's lawyer, Mel.

If I were you, I would
worry about my own case.

And I expect to see your remedy arguments
before they go to the Tenth Circuit.

And I want to be there when you
practice your oral arguments.

We're doing a moot court.

No. It's non-negotiable.

When?

As soon as we get the
government's response brief.

Where did these
people go to law school?

You can't make a constitutional
challenge to the tax laws, can you?

And who's ever heard of
gender discrimination?

It's a stretch.

These folks are running at
hell with a bucket of water.

Case law's filled
with challenges

that could not be made

till they were.

I'm putting Murphy
on writing our response brief.

- With due respect, Mr. Brown...
- It's not personal, Bozarth.

But if we're not careful,
this appeal could cast

a cloud of unconstitutionality
over every federal law

that differentiates
between men and women.

I need someone more
seasoned on this.

Could you get me
the Solicitor General, please?

I pulled the file.
I deserve the chance.

Murphy's a weak sister.

I know how to win
this case, sir.

Better than Murphy.
Better than anyone.

You need me on this appeal.

This is Brown.

I need to see him.

Okay. Tell me.

Gender equality
is a civil right?

When everyone's aggrieved
and everyone's a victim.

It's what the ACLU does.

Divide the country into smaller
and smaller subgroups.

- Ginsburg. Cancer, right?
- Mmm-hmm.

- And the wife, very demanding.
- But smart.

Ten years.

Ten years I fought to enroll
women at Harvard Law.

The faculty, the university,
my wife warned me against it.

Now I'm Solicitor General,
it comes back to haunt me.

Erwin, we could settle.

Martin Ginsburg was
one of my best students.

A practical young man.

We can call him and tell him
we'll give the man his money.

Go our separate ways.

No. No.

We settle now,
it's open season.

Let's put this idea of gender discrimination
to bed once and for all.

They handed us
a winnable case.

And we'll win it.

You think he's up to it?

Oh, Mr. Bozarth
is a fine litigator.

- Tell him your idea.
- We list the laws.

- What laws?
- All of 'em.

Every federal law that treats
men and women differently.

We show the court exactly

what can of worms these
folks are trying to open.

Son...

The last anyone checked,
the U.S. Code was 20, 000 pages long.

- Who's gonna read it? You?
- I can get it done, sir.

I just need an introduction.

- To whom?
- The Secretary of Defense.

These computers will
find what we're looking for?

Yes, sir.
In just a few days.

Without any human beings
actually reading the laws.

What a horrifying age.

Ruth Bader Ginsburg?

Delivery from
the Department of Justice.

Oh.

Could someone
pass me Title 33?

Get this.

There's a law that we're not allowed
to fly military cargo planes.

It says here that we're not
allowed to work in mines.

Why would you want to?

Well, that's not the point.
We should be allowed.

You really think
you can change all those laws?

- Kiki! Curtain's up in 45 minutes.
- That's the plan.

Might be a novel experience to get
there before it starts for a change.

Please tell me that
you are dressed.

- Hi. What are you doing?
- The government's brief came.

And look who else is on it.

I knew Griswold was trying
to get Brown over to the DOJ.

It looks like that worked.

- How's it look?
- Check out Appendix E.

It's every federal law
that discriminates on the basis of sex.

We're looking them all up.
There must be hundreds.

Good God!

Hmm.

You're convinced
Daugherty will see it our way?

Well, based on reading
all of his opinions, yes.

And so will Holloway.

But the final judge, Doyle...

Well, he's gonna be
a tougher nut to crack.

That's unacceptable.

We need a unanimous decision
out of the Tenth Circuit, James.

We don't want so-called
gender discrimination

finding its way
to the Supreme Court.

Yes, sir.
I understand that.

What makes this judge
so difficult?

Well, ma'am,
he's a civil rights crusader.

Two years ago, he ordered Denver to start
bussing black students to white schools.

There were protests, arson,
demands for him to quit the bench.

But even after someone
threw a bomb at his house,

Doyle wouldn't budge.

In that case,
he was enforcing the law.

The Ginsburgs are
asking him to make law.

We need to drive home
the difference.

Paint the judges a picture
of the America that will exist

if they rule the wrong way.

Children running home from
school to find no one's there.

Mommy's at the office

or on a factory floor.

A man and a woman vie for the same job,
she can work for less.

What is a man without a paycheck
to take care of his family?

What woman would want him?

Wages would go down.
Divorce rates would soar.

The very fabric of our society
would begin to unravel.

Exactly. The other side
wants this to be

about the equal
protection principle.

The judges are deciding
what kind of country,

what kind of society

they want their children and
grandchildren to grow up in.

You make sure the court sees

what's at stake

is the American family.

Whoa! Cool!

Mom, can I be on the jury?

No, there is no jury
in federal appeals court.

No witnesses, no evidence,
just you and the judges.

- Gerry!
- Hello.

- Hello.
- How are you?

- You remember Jane?
- Hi.

Jane, my old professor,
Gerald Gunther.

Come on in.

Look at you. All grown up!

- Hello, James.
- Hi.

What do you think
of our courtroom?

Ah, well, all that's missing
is Justice holding her scales.

So, who did Mel find
to be the third judge?

Pauli Murray.

- So he's not making it easy for you, huh?
- Who's Pauli Murray?

Thurgood Marshall himself
called Pauli's writings

the Bible of
the civil rights movement.

Gerry, I come
bearing your gavel.

Counsel for the appellant,
you may proceed.

Again.

Your Honors,

and may it please
the court.

Section 214
of the Tax Code

covers employed single women
who care for their dependents.

But excludes Charles Moritz,
a bachelor providing the same care.

My wife stays home
to raise our children.

- Are you saying she's oppressed?
- No, Judge.

- But as a man, you may not...
- No, no, no. Stop. Stop. Stop.

Never make it about the judge.

You don't think
the judge knows he's a man?

No. I don't want to put him
on the defensive about it, though.

In Brown, we put it out
there without apology.

This is wrong.

Yeah, no offense. But Ruth doesn't
exactly have Thurgood Marshall's, uh...

- Balls?
- Gravitas.

Should I...
Should I start again?

Unless you think you won
the case already.

Whenever you're ready.

Your Honors,
and may it please the court.

Section 214 of the Tax Code

covers employed single women
who care for their dependents.

But excludes Charles Moritz,
a bachelor providing the same care.

There is no rational basis...

Why is it not rational?

Men go out. Women stay home.

It's been the way of things
for thousands of years.

Historical justification
was also used

to legitimize
the separation of the races.

- Now, classification can be...
- Are you saying

race and gender
are the same?

Both are unalterable
biological traits.

This nation struggles to give
blacks fair representation throughout society.

And you're saying tha
if we decide in your client's favor,

we're committing ourselves
to moving towards half of our, I don't know,

firemen being women?
Half our nurses being men?

But why shouldn't men
be nurses?

- And if women want to fight fires...
- What about pilots?

Yeah, again, if women choose

- to take on these roles...
- Judges?

- Why not?
- CEOs? Generals?

What about garbage men?
You want to be a garbage man?

And if men
want to be teachers

- or raise children...
- Oh, come on.

Percentages aren't the point.

- Wrong.
- People should be able to

- pursue their passions.
- Wrong! Wrong!

You're screwing
it up, Ruth!

Have you read the appendix

- attached to their brief?
- You're making the wrong case!

These are laws written by men
who think we are privileged

to be excused from men's obligations,
but it is not a privilege.

It is a cage and these laws
are the bars!

So that's it?

You're gonna take them all on
at the same time?

You asked the questions.

Well, it doesn't mean you have
to fucking answer them, Ruth.

You're making the
government's case for them!

Look, you either make this case
about one man, or you lose!

Because to the judges, you're not
talking about women in the abstract.

You're talking about
their wives at home,

you know, baking briskets.

You braise a brisket.
You don't bake it.

- Perhaps that's enough, Mel.
- No!

I don't think it is, Gerry.

Look, when you were a kid,

you were pretty
and you were smart as a whip,

but you're coming across
as this bitter, unlikable shrew

that I don't even recognize.

And if that's who shows up
in Denver, you will blow it.

And would it kill you
to smile?

That's your advice?

Just ignore the judges
and smile.

Pâté's the best
I've ever tasted.

You could evade.

Should women
be firefighters?

"With all due respect,
Your Honor, I haven't considered it

"because my client
isn't a firefighter."

Or you can redirect.

"With respect, Judge, this case
is not about firefighters.

"It's about taxpayers

"and there's nothing inherently masculine
about paying taxes."

Crack a joke.

"Your Honor, anyone
who's raised a child

"couldn't possibly
be intimidated

"by a burning building."

And then bring them back to your case.

Marty, you should do
the oral arguments.

No, no, no.
Ruth is the expert on gender law.

At least half this case
is tax.

The most important thing
is that Charles Moritz wins.

I said no, Mel. Drop it.

They could split the time.

Martin goes first,
focuses the argument on tax.

Then Ruth steps in,
talks about gender.

- Pauli, here you go.
- Thank you.

- Gerry, this is yours.
- Mel. Mel.

There is no aspect of law

at which Ruth Ginsburg
can be bested.

I don't know
how things work at the ACLU,

but if anyone at my firm couldn't see that,
they would be fired.

Objection noted, Counselor.
She's still arguing half.

- This is her...
- Listen,

she's written
a revolutionary argument,

but brief writing
is an academic's job. Okay?

Oral arguments require a lawyer
who can command a judge's respect.

A real appellate lawyer.

What a team
you're gonna be.

It was a good experience.

I think that was
a very productive exercise.

I have to go to a fundraiser.

Pauli, Gerry, you want to split
a cab downtown?

- Sure.
- Sure.

Good team.

Good to see you, Gerry.
Thank you for coming.

- Bye-bye. Good seeing you.
- Great to see you.

Bye.

You have such
a light touch. It...

It's just effortless
for you, isn't it?

Mel was goading you.

He was trying
to make you feel overwhelmed.

Of course he was.
He's a relentless prick.

But it doesn't change the fact
that I'm not ready.

It's not your fault.
You've never done this before.

Is that what I'm supposed
to tell Charlie when I blow it in court?

Do you want Theories
in Public Taxation with you in Denver?

Who needs a tax reference when you have Marty?

Did you pack the, uh,
Kirk v. Commissioner brief?

Yes.

Rutgers Law.

It's Mel Wulf for you.

Just tell him I'm not here.

I'm sorry, Mr...

He says it's urgent.

- Yeah...
- What was so important?

I'm excited to work with you.

Yeah.

I understand.

She just walked in.

And to you too.

Okay.

Ruth Ginsburg.
Allen Derr.

How do you do?

The Supreme Court just announced
they're gonna hear Reed v. Reed

on appeal from
the Idaho Supreme Court.

That's fantastic.

Mrs. Reed is very excited
for the opportunity.

Allen is
Sally Reed's lawyer.

So, is the ACLU gonna help?

You told me it was
the right thing to do, right?

Mel says that no one knows this
area of the law better than you.

You're our
secret weapon, Ruth.

So...

You want me
in the Supreme Court?

I, uh...

Uh...

I told Allen you'd be eager
to help him write his brief.

Oh.

Well, you'd basically take
the Moritz brief

and swap around the pronouns.
Isn't that right?

It's a little more
involved than that.

Joking.

All right, let's start
right away.

Allen, uh, enjoy the city.
You should catch a show while you're here.

- Ah, well, thank you.
- Yeah.

Yeah.

Oh, uh, Kiki and I
have some stuff to discuss.

Yes, of course,
I'll get out of your way.

It was a pleasure meeting you,
Ruth or Kiki.

Uh...

Mel.

Oh! Oh.

- Ah. Don't forget that.
- Mustn't forget that, yeah.

What a schmuck.

- Let me argue Reed in court.
- Oh, give me a break.

I am no less experienced
than Allen Derr in federal court.

- You have zero experience.
- If you're gonna use my argument...

He's been Sally Reed's lawyer
for three years.

She trusts him.

She wouldn't even
let me argue the case.

Now, listen to me for a second.
We have someone else to discuss.

Ernie Brown called
this morning.

In light of Reed going
to the Supreme Court,

the government wants to settle
the Moritz case for a dollar.

Reed ups the profile of our case.
They're getting nervous.

I told them you'd be in D.C.
on Monday to sign the paperwork.

Why would you say that?

- Charlie won't want to settle.
- No, convince him.

I will not.

First you took half the argument
away from me...

Nobody took anything
away from you, Ruth.

You weren't robbed
in the middle of the night. All right?

I was giving you this opportunity
for the good of the cause.

- You gave this to me?
- In fact, I did.

- And get your emotions in check.
- You first.

Allen is going to be arguing
in the Supreme Court

that times have changed.

We can't afford the Tenth Circuit
saying that they haven't.

Nothing would strengthen
the argument more

than the appeals court
deciding for Charlie.

Yes, that would be very nice,
but here in the real world,

- with working lawyers...
- You think I can't be persuasive?

Oh, I've never been more certain
about anything in my life, Ruth.

You don't get to tell me
when to quit.

You couldn't even make it
through moot court

without embarrassing yourself.

You will lose, Ruth.

And when you do, you will set the
women's movement back 10 years.

More! We are dodging
a bullet here.

Are you the only one
that can't see that?

These are Allen's briefs
from the previous appeals.

Tie them into the framework
of the Moritz brief.

I'll review it
when you're done.

It's a Supreme Court brief.

I can assign it to someone else
if that's what you'd prefer.

Oh, and... And Ruth, uh,

sooner you call Charlie,
the better.

I had this idea.

What's that?

Well, it doesn't matter now.

Tell me.

We could have taken Appendix E
from the government's brief,

that entire
comprehensive list of laws

that differentiates between the sexes,
and... and turn it into our own hit list.

We could have started
a special project at the ACLU

to go after those laws one by one
in the legislature, in the courts,

until women and men were
genuinely equal under the law.

And I've been running around
claiming things have changed.

Daddy told me
about the case.

Why is Mel Wulf
being such a dick?

- He thinks I'm going to lose.
- No way, Jose. Not in my experience.

As Mr. Moritz's lawyer, I'm...

I'm ethically bound
to convey him the offer.

So, would you like help taking
apart your life's work or

is that something
you'd rather do by yourself?

I...

I know that this case...

That I disrupted
our lives and...

I'm sorry.

Sorry for what? For...
For doing your job?

Who's it for,

if not for me?

And they'll say it, right?

That I'm not a cheater,
that the law's unfair?

No, Charlie,

the government
won't say that on its own.

But if they don't say it,
how will I have won?

You... You haven't.

But you... you get the money.

What about everyone else?

When you came to see me,

- you said...
- Charlie, the settlement is only for you.

No one else can benefit.

But could we win?

Well, we could, and...

and the impact
would last generations.

But the ACLU feels

it's best
if you take the offer.

But you're my lawyer, Ruth.

What do you think?

Ah, Ruth!

- Professor Brown.
- Please, come in.

Dean Griswold.

Mrs. Ginsburg.

I'm pleased you found a use
for your Harvard education.

Actually, what I'm doing now,
I learned at Columbia.

Ah, Ruth was always my most
thoroughly prepared student.

So much to prove.

These days the girls
are as hopeless as the men.

How's little Jane?

Not so little. And we have
another, James.

- Mmm. I'm sure they keep you busy.
- Yes.

Both of us.

Ernie has
your paperwork ready.

My client was very excited
about your offer.

Good.

Good.

He did, however,
have some conditions.

Conditions?

What kind of conditions?

First of all, he'd like you
to forgive 100% of the money.

- None of this one dollar business.
- Yes, well...

I'm sure we can manage
to arrange that.

And he'd like the government
to concede that he did nothing wrong.

And enter
into the court record

that Section 214
of the Tax Code

discriminates on the basis of sex
and is therefore unconstitutional.

I can't agree to that.
And you know it.

Does Mel Wulf
know about this?

Mmm. Then we'll
see you in court.

Thank you, gentlemen.

It was a pleasure.

Your Honors,
and may it please the court.

Your Honors,
and may it please the court.

Your Honors, and may it...

Section 214
of the Tax Code...

Section 214 of the Tax Code...

Your Honors,
and may it please the court.

Good morning.

You're ready for this.

You've been ready for this
your whole life.

So go in there and let the judges see
the Ruth Ginsburg I know.

- Professor Brown.
- Marty. Good to see you.

- Charlie.
- Good morning.

- You must be Jane.
- Nice to meet you, Mr. Moritz.

- Mr. Ginsburg.
- No. Uh, Mel Wulf.

- ACLU.
- That's me.

I'm Mr. Ginsburg.
Nice to meet you, Charles.

A pleasure.

Well, here we are.

All rise.

The United States Court of Appeals for
the Tenth Circuit is now in session.

Judges Doyle, Holloway
and Daugherty presiding.

Be seated.

You have a century
of case law on your side.

Just do your job.

The first case
is docket number 71-1127.

Charles Moritz v. Commissioner
of Internal Revenue.

Each side will have 30 minutes
to present.

When two minutes remain,
the court clerk will rise

to give warning.

When your time is up,
he will sit.

Counsel for the appellant.

Mr. Ginsburg, you may proceed.

Good morning, Your Honors,
and may it please the court.

Today we are going
to demonstrate that Section 214

of the U.S. Tax Code
unfairly discriminates

against our client,
Mr. Charles Moritz,

because he is a man.

Congress assumed that
a caregiver is most likely a woman.

Is that so unreasonable?

If the law says all caregivers
are entitled to a deduction,

and if the writers in the back
of their mind thought,

"Well, this will only
apply to women, "

then that would be
an assumption.

But they went
farther than that, Judge.

They explicitly list
who qualifies as a caregiver.

As is their prerogative.

Yes. But Judge, I doubt that you would
turn the same blind eye

- if it said only white caregivers.
- That's hardly the same thing.

Respectfully, we disagree.

I'm going to turn it over
to my co-counsel

who will discuss
the constitutional questions.

You're telling us that race
and gender are the same?

My co-counsel...

Yes, yes, we'll get to her
in a minute.

But I'd appreciate
an answer to my question.

In order for a law
to discriminate,

it must distinguish
between groups arbitrarily.

Is that correct?

- My co-counsel will...
- Mr. Ginsburg.

I have asked you.

It must be arbitrary, yes.

And in this case,
we believe the law is.

Mr. Moritz is a man
who never married.

That may make him less likely to
have childcare responsibilities,

but not parent care
responsibilities.

- And had he been a woman...
- And to your mind,

classifications of this kind
must always be discriminatory?

There's some help.

He's asking him to make
a broad categorical claim.

I can't speak
to always, Judge.

I can only speak
to this case and this man.

- Very well.
- Thank you.

Then speak of him.

Again, the only distinction
between our client Mr. Moritz

and any other caregiver,

in Judge Daugherty's words,
is arbitrary.

Thank you. And I cede the remainder
of my time to my co-counsel.

Your Honors...

Whenever you're ready,
Mrs. Ginsburg.

Your Honors,
and may it please the court.

Section 214 denies Mr. Moritz
a caregiver tax deduction

available to
similarly situated women...

Yes. Yes. We've been
through all that.

Uh,

Mrs. Ginsburg, you are aware
that the government has

three co-equal branches.

- Mrs. Ginsburg?
- Yes, of course, Your Honor.

And that it is
the Congress' role to write law.

Your Honor, I understand
how government works.

Take it easy, Ruth.

Well, uh, sometimes a law,
even a good law,

even a law that is legal
under the Constitution,

may not be good for every
individual it affects.

I have a question.

If I understand correctly,

you're concerned

about men and women
being pigeonholed

into certain roles
based on gender.

Yes, that's correct.

- Because...
- Excuse me. That wasn't my question.

It strikes me that the caregiver
deduction does the opposite.

It helps women be able
to work outside the home.

Isn't that a good thing?

But the law assumes
it must be the woman

who is supposed to be at home
in the first place.

Well, that is the case
in every family I know.

So, it's the assumption
that's the problem.

Then when can a law differentiate
on the basis of sex? Never?

When the classification
rationally relates to the law.

Keeping women out of combat,
for example.

I'm not sure whether
I agree with that example.

No. So, you think women belong
on the front lines now, too?

No, that's not what...

Gender, like race, is a biological,
unalterable trait.

There is nothing that women are inherently
better at than men, nor vice versa.

- Growing a beard.
- That's...

Lactation.

No thinking person
could possibly imagine that

Charles Moritz's gender relates to his ability...

Why can't we, Mrs. Ginsburg?

In most households, aren't women
the primary caregivers?

Aren't men the breadwinners?
Aren't they?

In most households,
yes, Your Honor.

Doesn't that reality suggest

that that's the natural
order of things?

Respectfully, Your Honors,
I'd like to reserve

the remainder of my time
for rebuttal.

Not sure I followed that.
How... How are we doing?

It's okay.
It's not over yet.

Mr. Bozarth,
for the appellee. You may proceed.

Don't let them forget what
this case is really about. You'll be fine.

Ah, Bozarth.
The, uh, master of citations.

That's what my family calls me too, Judge.

Your Honors,
and may it please the court.

Congress created this tax deduction
to help caregivers go out and work.

Caregivers.

Folks that, if they weren't
working, would stay home.

Now, are we meant
to believe that this man

would have the skill or even the
caregiver's instinct to do that?

Why can't we believe that?

Why does an unwed woman have that instinct,
but not an unwed man?

Or a widower,
for that matter?

Well, respectfully,
Judge Doyle,

a widower doesn't choose to be a caregiver.
It's thrust upon them.

And as for women,
it doesn't take a legal treatise to prove

what 100, 000 years of human
history has made indelibly clear.

And Congress can write the tax
code to enforce this natural law?

Congress can write
whatever tax code it wants.

All I'm saying, Judge,
is that given the natural order of things,

this man, Mr. Moritz,
hasn't suffered as a result.

But the country will suffer if the
court doesn't find for the appellee.

Your Honors,
I am certain that there isn't a man among us

who wouldn't try
to ease his wife's burdens.

So I don't see
how we can judge negatively

the members of Congress
who would do the same.

And I'm not alone in that.

There is a long
and honorable tradition

in the courts of upholding
laws like this one.

I for one would rather see my government
err on the side of caring too much,

of trying too hard to help
the ladies of this country,

rather than to be indifferent
to their unique burdens.

Now, maybe
Mr. Moritz disagrees.

Or maybe he just
doesn't like paying taxes.

Personally, I don't believe that.
I believe that Charles Moritz is a victim.

Not of his government,
but of the lawyers

who have used his case
to achieve their own ends.

Radical social change.

We rest our case
on our briefs and argument,

and ask that the court uphold the
Tax Court's decision. Thank you.

Counsel for the appellant,
you have four minutes for rebuttal.

Counsel for the appellant.

Counselor.

"Radical social change."

When I was in law school,
there was no women's bathroom.

It's amazing to me now
that we never complained.

Not because we were timid.

We were just astounded
to be in law school at all.

A hundred years ago,
Myra Bradwell wanted to be a lawyer.

She had fulfilled the requirements
for the Illinois Bar,

but she wasn't allowed to
practice because she was a woman.

An injustice she asked
the Supreme Court to correct.

Illinois was so confident
of victory,

they didn't even send a lawyer
to argue their side.

They were right. She lost.

That was the first time
someone went to court

to challenge his or her
prescribed gender role.

A hundred years ago.

Radical social change.

Sixty-five years ago,
when women in Oregon

wanted to work overtime and
make more money as men could,

the court looked to the precedent
in Bradwell and said no.

So then there were
two precedents.

Then three, then four,
and on and on,

and you can draw a direct line from
Myra Bradwell to Gwendolyn Hoyt,

told ten years ago she was not
entitled to a jury of her peers.

That is the legacy the government
asks you to uphold today.

You are being urged to protect
the culture and traditions

and morality of an America
that no longer exists.

A generation ago, my students would
have been arrested for indecency

for wearing the clothes that they do.

Sixty-five years ago,
it would have been unimaginable

that my daughter
would aspire to a career.

And a hundred years ago,

I would not have the right
to stand before you.

There are 178 laws that differentiate
on the basis of sex. Count them.

The government did the favor
of compiling them for you.

And while you're at it,

I urge you to read them.

They're obstacles
to our children's aspirations.

You're asking us to overturn
nearly a century of precedent.

I'm asking you
to set a new precedent,

as courts have done before
when the law is outdated.

But in those cases, the courts had
a clear constitutional handle.

The word "woman" does not appear
even once in the U.S. Constitution.

Nor does the word "freedom",
Your Honor.

Go on, Professor Ginsburg.

The principal purpose
of Section 214

is not to protect women,

nor to discriminate
against men.

It is to provide caregivers

the opportunity
to work outside the home.

Therefore, as the Supreme Court
did in Levy v. Louisiana,

this court should
fix the law

most in line
with the legislative intent.

Extend the deduction
to never-married men.

Help all caregivers equally.

Charles Moritz was well-raised
to be the sort of man

we should all hope
our sons will become.

Charlie deserves
our admiration.

Not only has he taken
on the burden

of caring for
his very strong-willed mother

when no one
would expect it of him,

but in doing so,
he has surpassed the limitations

the rest of us, and our laws,
seek to force upon him.

We're not asking you
to change the country.

That's already happened
without any court's permission.

We're asking you to protect
the right of the country to change.

Our sons and daughters
are barred by law

from opportunities
based on assumptions

about their abilities.

How will they ever
disprove these assumptions

if laws like Section 214
are allowed to stand?

We all must take
these laws on, one by one,

for as long as it takes,
for their sakes.

And you have the power
to set the precedent

that will get us started.

You can right this wrong.

We rest our case
on our briefs and argument

and ask that you reverse
the Tax Court's decision.

Kiki!

That was perfect.

That was perfect.

We don't even know who won.

Doesn't matter.
It was right.

This is just the beginning.

I'm going to go gloat.

- Martin. Thank you.
- Of course, Charles.

Jane.

Ruth, I...

I'll be in touch.

You did it.

We did it.

Oh, I say we celebrate.

We go pick up James
and get some pizza.

We'll hear arguments
next in number four,

Reed against Reed.

...next in 71-1694,
Frontiero against Laird.

Weinberger against Wiesenfeld.

Mrs. Ginsburg.

Mr. Chief Justice,
and may it please the court.

Amicus views this case
as kin to Reed v. Reed...

The sex criterion stigmatizes

when it is used to limit
hours of work for women only.

It assumes that all women are
preoccupied with home and children.

These distinctions
have a common effect.

They help keep woman
in her place,

a place inferior
to that occupied by men.

The law must stop using sex
as a shorthand for functions which...

The judgment enjoins
enforcement of the statute

insofar as it discriminates
on the basis of sex.

Laws of this quality help
to keep women not on a pedestal, but in a cage.

Sarah Grimké said,
"I ask no favor for my sex.

"All I ask of our brethren

"is that they take their feet
off our necks."